NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.


FIFTY-SEVENTH DAY

------------

MORNING SESSION

------------


Senate Chamber, Olympia, Monday, March 9, 1998

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Benton. On motion of Senator Hale, Senator Benton was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Robert Boldt and Bridget Cote, presented the Colors. Reverend Howard Alar, pastor of the Lacey Community Church, 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 4, 1998

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6149,

      SUBSTITUTE SENATE BILL NO. 6153,

      SENATE BILL NO. 6155,

      SENATE BILL NO. 6172,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6174,

      SUBSTITUTE SENATE BILL NO. 6229,

      SENATE BILL NO. 6329,

      SUBSTITUTE SENATE BILL NO. 6396,

      SUBSTITUTE SENATE BILL NO. 6425,

      SENATE BILL NO. 6429,

      SUBSTITUTE SENATE BILL NO. 6545,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6648,

      SUBSTITUTE SENATE BILL NO. 6669,

      SENATE JOINT MEMORIAL NO. 8019, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 4, 1998

MR. PRESIDENT:

      The House has passed:

      SECOND ENGROSSED SENATE BILL NO. 5185,

      ENGROSSED SENATE BILL NO. 5695,

      SENATE BILL NO. 6228,

      SENATE BILL NO. 6536, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 5, 1998

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SENATE BILL NO. 6325,

      SUBSTITUTE SENATE BILL NO. 6574, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 5, 1998

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SENATE BILL NO. 5499,

      SUBSTITUTE SENATE BILL NO. 5532,

      SUBSTITUTE SENATE BILL NO. 6150,

      SUBSTITUTE SENATE BILL NO. 6346,

      SENATE BILL NO. 6352,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6492,

      SENATE BILL NO. 6581,

      SUBSTITUTE SENATE BILL NO. 6605, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 6, 1998

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE SENATE BILL NO. 5355,

      SENATE BILL NO. 6311,

      SENATE BILL NO. 6400,

      SENATE BILL NO. 6758, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 6, 1998

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6220,

      SENATE BILL NO. 6728,

      SUBSTITUTE SENATE BILL NO. 6731,

      SUBSTITUTE SENATE BILL NO. 6737, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 6, 1998

MR. PRESIDENT:

      The Speaker has signed:

      SECOND SUBSTITUTE HOUSE BILL NO. 1501,

      HOUSE BILL NO. 2355,

      HOUSE BILL NO. 2628,

      HOUSE BILL NO. 2663,

      ENGROSSED HOUSE BILL NO. 2707,

      SUBSTITUTE HOUSE BILL NO. 2973, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 7, 1998

MR. PRESIDENT:

      The Speaker has signed:

      HOUSE BILL NO. 2141,

      ENGROSSED HOUSE BILL NO. 2302,

      SUBSTITUTE HOUSE BILL NO. 2315,

      SUBSTITUTE HOUSE BILL NO. 2386,

      HOUSE BILL NO. 2387,

      SUBSTITUTE HOUSE BILL NO. 2431,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2491,

      HOUSE BILL NO. 2499,

      SUBSTITUTE HOUSE BILL NO. 2544,

      HOUSE BILL NO. 2553,

      SUBSTITUTE HOUSE BILL NO. 2560,

      HOUSE BILL NO. 2779,

      SUBSTITUTE HOUSE BILL NO. 2922,

      SUBSTITUTE HOUSE BILL NO. 3057, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 7, 1998

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:

      SUBSTITUTE HOUSE BILL NO. 1121,

      SUBSTITUTE HOUSE BILL NO. 1193,

      SUBSTITUTE HOUSE BILL NO. 1750,

      HOUSE BILL NO. 1835,

      SUBSTITUTE HOUSE BILL NO. 2351,

      SUBSTITUTE HOUSE BILL NO. 2411,

      HOUSE BILL NO. 2503.

TIMOTHY A. MARTIN, Chief Clerk



March 7, 1998

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:

      HOUSE BILL NO. 1172,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1230,

      HOUSE BILL NO. 1487,

      SECOND SUBSTITUTE HOUSE BILL NO. 1618,

      SUBSTITUTE HOUSE BILL NO. 2368,

      ENGROSSED HOUSE BILL NO. 2414,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2477,

      SUBSTITUTE HOUSE BILL NO. 2529,

      HOUSE BILL NO. 2704,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752,

      SUBSTITUTE HOUSE BILL NO. 2773,

      SECOND SUBSTITUTE HOUSE BILL NO. 2782,

      ENGROSSED HOUSE BILL NO. 2791,

      SUBSTITUTE HOUSE BILL NO. 2858.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SENATE BILL NO. 6149,

      SUBSTITUTE SENATE BILL NO. 6153,

      SENATE BILL NO. 6155,

      SENATE BILL NO. 6172,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6174,

      SUBSTITUTE SENATE BILL NO. 6229,

      SENATE BILL NO. 6329,

      SUBSTITUTE SENATE BILL NO. 6396,

      SUBSTITUTE SENATE BILL NO. 6425,

      SENATE BILL NO. 6429,

      SUBSTITUTE SENATE BILL NO. 6545,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6648,

      SUBSTITUTE SENATE BILL NO. 6669,

      SENATE JOINT MEMORIAL NO. 8019.


SIGNED BY THE PRESIDENT


      The President signed:

      SECOND ENGROSSED SENATE BILL NO. 5185,

      SUBSTITUTE SENATE BILL NO. 5355,

      ENGROSSED SENATE BILL NO. 5695,

      SENATE BILL NO. 6220,

      SENATE BILL NO. 6228,

      SENATE BILL NO. 6311,

      ENGROSSED SENATE BILL NO. 6325,

      SENATE BILL NO. 6400,

      SENATE BILL NO. 6536,

      SUBSTITUTE SENATE BILL NO. 6574,

      SENATE BILL NO. 6728,

      SUBSTITUTE SENATE BILL NO. 6731,

      SUBSTITUTE SENATE BILL NO. 6737,

      SENATE BILL NO. 6758.


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SENATE BILL NO. 5499,

      SUBSTITUTE SENATE BILL NO. 5532,

      SUBSTITUTE SENATE BILL NO. 6150,

      SUBSTITUTE SENATE BILL NO. 6346,

      SENATE BILL NO. 6352,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6492,

      SENATE BILL NO. 6581,

      SUBSTITUTE SENATE BILL NO. 6605.


SIGNED BY THE PRESIDENT


      The President signed:

      HOUSE BILL NO. 2141,

      ENGROSSED HOUSE BILL NO. 2302,

      SUBSTITUTE HOUSE BILL NO. 2315,

      SUBSTITUTE HOUSE BILL NO. 2386,

      HOUSE BILL NO. 2387,

      SUBSTITUTE HOUSE BILL NO. 2431,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2491,

      HOUSE BILL NO. 2499,

      SUBSTITUTE HOUSE BILL NO. 2544,

      HOUSE BILL NO. 2553,

      SUBSTITUTE HOUSE BILL NO. 2560,

      HOUSE BILL NO. 2779,

      SUBSTITUTE HOUSE BILL NO. 2922,

      SUBSTITUTE HOUSE BILL NO. 3057.


SIGNED BY THE PRESIDENT


      The President signed:

      SECOND SUBSTITUTE HOUSE BILL NO. 1501,

      HOUSE BILL NO. 2355,

      HOUSE BILL NO. 2628,

      HOUSE BILL NO. 2663,

      ENGROSSED HOUSE BILL NO. 2707,

      SUBSTITUTE HOUSE BILL NO. 2973.


MOTION


      On motion of Senator Tim Sheldon, the following resolution was adopted:


SENATE RESOLUTION 1998-8723


By Senators T. Sheldon, Rasmussen, Hale, B. Sheldon, Spanel and Franklin


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

      WHEREAS, The Special Olympics, founded in 1968, give Washington’s developmentally disabled citizens the opportunity to develop fitness, demonstrate courage and experience joy as they use their athletic skills to compete in the twenty four different Olympic-type summer and winter sports; and

      WHEREAS, Through successful experiences in sports, six thousand Special Olympic participants gain confidence and build a positive self-image which carries over into the classroom, the home, the job, and the community; and

      WHEREAS, These citizens and their families develop lifelong friendships which unite the community throughout the state and nation; and

      WHEREAS, The Special Olympics as a non-profit organization, raises funds to provide continued access for year-round sports training and competition for participants; and

      WHEREAS, All law enforcement agencies in the state of Washington are represented, including city and county police officers, sheriffs and deputies, military police, Secret Service, U.S. Border Patrol, FBI, Washington State Patrol, Washington Gambling Commission and Department of Corrections. Representatives of these agencies make up the Torch Run Council, which supports the annual campaign; and

      WHEREAS, Under the dedicated supervision of Regional Director, Alex Young, the Special Olympics has encouraged each and every participant;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the Special Olympic Summer Games organizers, sponsors, and most of all, the participants, for their hard work, involvement and dedication; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the individuals involved in the Special Olympic Summer Games and regional director, Alex Young.


      Senators Tim Sheldon, Goings, Long, Franklin and Betti Sheldon spoke to Senate Resolution 1998-8723.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the Special Olympic athletics, as well as staff members, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 1998-8720


By Senators Wojahn, Rasmussen, Thibaudeau, B. Sheldon, Fairley, Bauer, Spanel, Loveland, Franklin and Roach


      WHEREAS, Domestic violence is a long-standing and pervasive problem in our society, and

      WHEREAS, Women are more often victims of domestic violence than victims of burglary, mugging, or all other physical crimes combined; and

      WHEREAS, Making the public aware of the results and consequences of domestic violence is an important tool in combating domestic violence; and





      WHEREAS, The Silent Witness Initiative began in Minnesota in 1990 to promote peace, healing and responsibility in adult relationships in order to eliminate domestic murders in the United States by 2010, and

      WHEREAS, A Silent Witness Exhibit consisting of life-size plywood figures was developed to commemorate the thirty Washington State women who lost their lives in 1995 as a result of domestic violence at the hands of their husband, lover, or ex-lover; and

      WHEREAS, A thirty-first life-size silhouette was added to the state exhibit to honor women whose murders went unsolved or were erroneously ruled accidental; and

      WHEREAS, The Washington State Silent Witness Exhibit traveled to Washington, D.C., in October, 1997, to join fifteen hundred other figures from all fifty states in the March to End the Silence; and

      WHEREAS, The Silent Witness Exhibit will be on display in the State Capitol for a week beginning March 9, 1998;

      NOW, THEREFORE BE IT RESOLVED, That the Senate of the state of Washington acknowledges the hard work and dedication of those responsible for producing and displaying the exhibit, especially Michelle Smith, Sheri Yeatts, Judy Frame, and Nancy Newman, plus Mary Pontarolo, Executive Director of the Washington State Coalition Against Domestic Violence.


      Senators Wojahn, Betti Sheldon and Bauer spoke to Senate Resolution 1998-8720.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced participants who are responsible for the Silent Witness Exhibit, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 1998-8714


By Senators Wood, McCaslin, West, McDonald, Winsley, T. Sheldon, Kline, Wojahn, Horn, Johnson, Swecker, Finkbeiner, Long, Franklin, Rasmussen, Fraser, Fairley, Haugen, Deccio, Bauer, Thibaudeau, McAuliffe, Goings, Kohl, Rossi, Jacobsen, Prentice, Hochstatter, Hale, Wojahn and B. Sheldon


      WHEREAS, It is the policy of the Washington State Legislature to recognize and honor those individuals that have made significant contributions to the well-being of the citizens of the state of Washington; and

      WHEREAS, The esteemed Mr. Luis Fernando Esteban has distinguished himself in his service to the state of Washington as the Honorary Vice-Consul of Spain; and

      WHEREAS, Mr. Esteban's work to develop, fund, and implement over eighty significant bilateral educational, cultural, historical, and commercial projects has been of enormous and long-lasting benefit to the citizens of the state of Washington; and

      WHEREAS, Prince Philipe of Spain became the first member of a royal family to visit our State Capitol as a result of the tireless personal efforts of Mr. Esteban; and

      WHEREAS, The paintings and sculptures of such famous Spanish artists as Picasso, Miro, Artigas, and Dali were viewed by a record breaking sixty-eight thousand people in ten weeks at the Tacoma Art Museum, many of whom were school children, as a direct result of the intervention and coordination by Mr. Esteban and Ms. Maria Isabel Esteban; and

      WHEREAS, His many contributions as a volunteer to improve Washington's transportation industry has brought a new horizon and hope for high speed rail and light rail for intercity transportation; and

      WHEREAS, Mr. Esteban has worked with leaders in private businesses and government officials in both countries to introduce Spanish language, culture, heritage, and history programs into our public school curriculum; and

      WHEREAS, The historical and cultural roots of Washington State are deeply rooted in Spain, which highlights the importance of a Spanish Consul presence here in our state; and

      WHEREAS, Mr. Esteban continues to volunteer his valuable time to further the cause of positive international relations between Spain and the United States;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate urges all citizens to formally recognize Mr. Luis Fernando Esteban and duly honor his most distinguished dedication to sharing the very best of the Hispanic heritage; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to His Royal Highness King Juan Carlos of Spain and the President of Spain, Jose Maria Aznar.


      Senators Wood, Fraser and Prentice spoke to Senate Resolution 1998-8714.


INTRODUCTION OF SPECIAL GUEST


      The President welcome and introduced Mr. Luis Fernando Esteban, who was seated on the rostrum.

      With permission of the Senate, business was suspended to permit Mr. Esteban to address the Senate.

   


MOTION


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




SENATE RESOLUTION 1998-8712


By Senators McAuliffe, Goings, Spanel, Rossi, Sellar, Johnson, Rasmussen, Long, Swecker, Deccio, Brown, Bauer, Fraser, Franklin, B. Sheldon and Haugen


      WHEREAS, A significant number of the public education staff serving the needs of the children of this state are classified school employees; and

      WHEREAS, Classified school employees are instrumental in the fulfilling of this state's paramount responsibility to educate children; and

      WHEREAS, Classified school employees are involved in maintaining school buildings, providing safe transportation to and from school facilities, keeping school facilities clean and orderly, assisting students in the classroom, and providing many other necessary services; and

      WHEREAS, These dedicated individuals deserve recognition and thanks for the excellent work they are doing for this state, for their communities, and for the children enrolled in Washington's public schools;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the week of March 9th through the 13th as Classified School Employee Week in Washington State, and urge all citizens to join in recognizing the dedication and hard work of these individuals.


      Senators Hochstatter, Kohl, Johnson and Rasmussen spoke to Senate Resolution 1998-8712.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the members of the classified school employees, who were seated in the gallery.


PERSONAL PRIVILEGE


      Senator Thibaudeau: “Mr. President, I rise to a point of personal privilege. If I can just explain very, very briefly--some years ago I worked for a freshman legislator; watched him grow into an important committee chair, after he stopped sliding down the ramps in the rotunda; watched him break his back and recover swiftly; and then become King County Executive and now is our Governor. More importantly, he married and last year on this day, became the father of Emily Nicole Locke. Today, she is one year old and I just wanted to wish her a very Happy, Happy Birthday. Thank you.”


REPLY BY THE PRESIDENT


      President Owen: “Thank you. I think we all wish to do the same. If Emily is listening, 'Happy Birthday from the Washington State Senate.'”


HAPPY BIRTHDAY TO SENATOR TIM SHELDON


      President Owen: “The President would like to point out that another outstanding person was born on this day only quite a few years ago--the unimpeachable Senator from the thirty-fifth district, Tim Sheldon. Happy Birthday to Senator Sheldon, as well.”


MOTION


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


MESSAGE FROM THE HOUSE

March 5, 1998

MR. PRESIDENT:

      The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6264 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that mass marking of hatchery-raised salmon is an effective tool for implementing selective salmon fisheries in this state. Mass marking of coho salmon is currently underway and holds great promise for maintaining both recreational and commercial fishing opportunities while protecting wild stocks. In view of the anticipated listing of Puget Sound chinook salmon as endangered under the federal endangered species act, the legislature finds that it is essential to expeditiously proceed with implementing a mass marking program for chinook salmon in Puget Sound and elsewhere in the state.

       Through a cooperative effort by state and federal agencies and private enterprise, appropriate technologies have been developed for marking chinook salmon. It is the intent of the legislature to use these newly developed tools to implement chinook salmon mass marking beginning in April 1999.

       Sec. 2. RCW 75.08.510 and 1995 c 372 s 2 are each amended to read as follows:

       The department shall mark appropriate coho salmon that are released from department operated hatcheries and rearing ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers for the purpose of maximized catch while sustaining wild and hatchery reproduction.

       The department shall mark all appropriate chinook salmon targeted for contribution to the Washington catch that are released from department operated hatcheries and rearing ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers.

       The goal of the marking program is: (1) The annual marking by June 30, 1997, of all appropriate hatchery origin ((chinook and)) coho salmon produced by the department with marking to begin with the 1994 Puget Sound coho brood; and (2) the annual marking by June 30, 1999, of all appropriate hatchery origin chinook salmon produced by the department with marking to begin with the 1998 chinook brood. The department may experiment with different methods for marking hatchery salmon with the primary objective of maximum survival of hatchery marked fish, maximum contribution to fisheries, and minimum cost consistent with the other goals.

       The department shall coordinate with other entities that are producing hatchery chinook and coho salmon for release into public waters to enable the broadest application of the marking program to all hatchery produced chinook and coho salmon. The department shall work with the treaty Indian tribes in order to reach mutual agreement on the implementation of the mass marking program. The department shall report to the appropriate legislative committees by January 1, 1999, on the progress made in reaching mutual agreement with the treaty Indian tribes and any Pacific coast state or province to achieve the goal of coast-wide marking of chinook and coho salmon. The ultimate goal of the program is the coast-wide marking of appropriate hatchery origin chinook and coho salmon, and the protection of all wild chinook and coho salmon, where appropriate.

       NEW SECTION. Sec. 3. 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.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Oke, the Senate concurred in the House amendment to Second Substitute Senate Bill No. 6264.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6264, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6264, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley and Wood - 42.      Voting nay: Senators Fairley, Fraser, Kohl, Prentice and Wojahn - 5.                  Absent: Senator Zarelli - 1.   Excused: Senator Benton - 1. SECOND SUBSTITUTE SENATE BILL NO. 6264, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 4, 1998

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6324 with the following amendment(s):

       On page 2, beginning on line 8, after "in" strike all material through "Dam" on line 9 and insert "Washington state"

       On page 2, line 9, after "in" strike "these"

       On page 2, after line 36, insert the following:

       "NEW SECTION. Sec. 3. 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."

       Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      Senator Oke moved that the Senate concur in the House amendments to Substitute Senate Bill No. 6324.

      Debate ensued. 

      The President declared the question before the Senate to be the motion by Senator Oke that the Senate concur in the House amendments to Substitute Senate Bill No. 6324.

      The motion by Senator Oke carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 6324.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6324, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6324, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, Bauer, 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, Wojahn, Wood and Zarelli - 47.         Absent: Senator Winsley - 1.                 Excused: Senator Benton - 1.                SUBSTITUTE SENATE BILL NO. 6324, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 5, 1998

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6408 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and amended to read as follows:

       (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:

       (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

       (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

       (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

       (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

       (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

       (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

       (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

       (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

       (4) Any minimum nonsuspendable and nondeferrable jail sentence required by this section shall be doubled for any offender convicted of a violation of RCW 46.61.502 or 46.61.504 who committed the offense with another person or persons in the motor vehicle.

       (5) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

       (((5))) (6) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

       (((6))) (7) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

       (((7))) (8)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

       (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

       (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

       (((8))) (9)(a) A "prior offense" means any of the following:

       (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

       (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

       (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

       (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

       (v) A conviction for a violation of RCW 46.61.5249 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

       (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;

       (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

       (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

       (b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.

       NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:

       (1) Immediately before the court orders a sentence, or deferred prosecution under RCW 10.05.120, for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall include specific findings as to the criminal history and driving record. For purposes of this section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the periods specified in subsection (3) of this section before the date of the order. For purposes of this section, the driving record shall include all information reported to the court by the department of licensing.

       (2) The offenses to which this section applies are violations of (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance; (c) RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249 or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

       (3) The periods applicable to previous convictions and orders of deferred prosecution are: (a) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (b) seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis."

       Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      Senator Roach moved that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 6408 and requests of the House a conference thereon.

      Debate ensued. 

      The President declared the question before the Senate to be the motion by Senator Roach that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 6408 and requests of the House a conference thereon.

      The motion by Senator Roach carried and the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Bill No. 6408 and requests of the House a conference thereon.


APPOINTMENT OF CONFERENCE COMMITTEE


      The President appointed as members of the Conference Committee on Engrossed Substitute Senate Bill No. 6408 and the House amendment(s) thereto: Senators Johnson, Thibaudeau and Stevens.


MOTION


      On motion of Senator Strannigan, the Conference Committee appointments were confirmed.


      There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6181 and the pending motion by Senator Fairley to concur in House amendment, deferred March 7, 1998. Senator Snyder had demanded a roll call and the demand was sustained.


MOTION


      There being no objection, Senator Fairley withdrew the motion to concur in the House amendment to Substitute Senate Bill No. 6181.


MOTION


      There being no objection, Senator Snyder withdrew the demand for the roll call. 


MOTION


      On motion of Senator Roach, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 6181 and requests of the House a conference thereon.


APPOINTMENT OF CONFERENCE COMMITTEE


      The President appointed as members of the Conference Committee on Substitute Senate Bill No. 6181 and the House amendment(s) thereto: Senators Johnson, Bauer and Roach.


MOTION


      On motion of Senator Strannigan, the Conference Committee appointments were confirmed.


MESSAGE FROM THE HOUSE

March 3, 1998

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5305 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 69.50.401 and 1997 c 71 s 2 are each amended to read as follows:

       (a) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.

       (1) Any person who violates this subsection with respect to:

       (i) a controlled substance classified in Schedule I or II which is a narcotic drug or flunitrazepam classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, or (A) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (B) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine;

       (ii) methamphetamine, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, or (A) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (B) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost;

       (iii) any other controlled substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

       (iv) a substance classified in Schedule IV, except flunitrazepam, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

       (v) a substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

       (b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance.

       (1) Any person who violates this subsection with respect to:

       (i) a counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

       (ii) a counterfeit substance which is methamphetamine, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

       (iii) any other counterfeit substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

       (iv) a counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

       (v) a counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

       (c) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance. Any person who violates this subsection is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

       (d) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a crime, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both, except as provided for in subsection (e) of this section.

       (e) Except as provided for in subsection (a)(1)(iii) of this section any person found guilty of possession of forty grams or less of marihuana shall be guilty of a misdemeanor.

       (f) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance. A violation of this subsection shall be punished as a class C felony punishable in accordance with RCW 9A.20.021.

       This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410.

       Sec. 2. RCW 69.50.406 and 1996 c 205 s 7 are each amended to read as follows:

       (a) Any person eighteen years of age or over who violates RCW 69.50.401(a) by distributing a controlled substance listed in Schedules I or II which is a narcotic drug or methamphetamine, or flunitrazepam listed in Schedule IV, to a person under eighteen years of age is punishable by the fine authorized by RCW 69.50.401(a)(1) (i) or (ii), by a term of imprisonment of up to twice that authorized by RCW 69.50.401(a)(1) (i) or (ii), or by both.

       (b) Any person eighteen years of age or over who violates RCW 69.50.401(a) by distributing any other controlled substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his junior is punishable by the fine authorized by RCW 69.50.401(a)(1) (iii), (iv), or (v), by a term of imprisonment up to twice that authorized by RCW 69.50.401(a)(1) (iii), (iv), or (v), or both.

       Sec. 3. RCW 9.94A.030 and 1997 c 365 s 1, 1997, c 340 s 4, 1997 c 339 s 1, 1997 c 338 s 2, 1997 c 144 s 1, and 1997 c 70 s 1 are each reenacted and amended to read as follows:

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

       (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

       (2) "Commission" means the sentencing guidelines commission.

       (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

       (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120 (6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

       (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

       (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

       (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

       (8) "Confinement" means total or partial confinement as defined in this section.

       (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

       (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

       (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

       (12) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

       (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

       (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

       (15) "Department" means the department of corrections.

       (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

       (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

       (18) "Drug offense" means:

       (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

       (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

       (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

       (19) "Escape" means:

       (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

       (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

       (20) "Felony traffic offense" means:

       (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

       (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

       (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

       (22) "First-time offender" means any person who is convicted of a felony (a) not classified as a violent offense or a sex offense under this chapter, or (b) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or flunitrazepam classified in Schedule IV, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

       (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

       (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

       (b) Assault in the second degree;

       (c) Assault of a child in the second degree;

       (d) Child molestation in the second degree;

       (e) Controlled substance homicide;

       (f) Extortion in the first degree;

       (g) Incest when committed against a child under age fourteen;

       (h) Indecent liberties;

       (i) Kidnapping in the second degree;

       (j) Leading organized crime;

       (k) Manslaughter in the first degree;

       (l) Manslaughter in the second degree;

       (m) Promoting prostitution in the first degree;

       (n) Rape in the third degree;

       (o) Robbery in the second degree;

       (p) Sexual exploitation;

       (q) Vehicular assault;

       (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

       (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

       (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

       (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;

       (v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;





       (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

       (24) "Nonviolent offense" means an offense which is not a violent offense.

       (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

       (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

       (27) "Persistent offender" is an offender who:

       (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

       (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

       (b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (27)(b)(i); and

       (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under subsection (27)(b)(i) only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under subsection (27)(b)(i) only when the offender was eighteen years of age or older when the offender committed the offense.

       (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

       (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

       (30) "Serious traffic offense" means:

       (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

       (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

       (31) "Serious violent offense" is a subcategory of violent offense and means:

       (a) Murder in the first degree, homicide by abuse, murder in the second degree, manslaughter in the first degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

       (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

       (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

       (33) "Sex offense" means:

       (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

       (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

       (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

       (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

       (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

       (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

       (37) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

       (38) "Violent offense" means:

       (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, drive-by shooting, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

       (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

       (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

       (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

       (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

       (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

       (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

       Sec. 4. RCW 9.94A.320 and 1997 c 365 s 4, 1997 c 346 s 3, 1997 c 340 s 1, 1997 c 338 s 51, 1997 c 266 s 15, and 1997 c 120 s 5 are each reenacted and amended to read as follows:



TABLE 2


CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

 XV                       Aggravated Murder 1 (RCW 10.95.020)

XIV                       Murder 1 (RCW 9A.32.030)

                              Homicide by abuse (RCW 9A.32.055)

                              Malicious explosion 1 (RCW 70.74.280(1))

XIII                       Murder 2 (RCW 9A.32.050)

                              Malicious explosion 2 (RCW 70.74.280(2))

                              Malicious placement of an explosive 1 (RCW 70.74.270(1))

 XII                       Assault 1 (RCW 9A.36.011)

                              Assault of a Child 1 (RCW 9A.36.120)

                              Rape 1 (RCW 9A.44.040)

                              Rape of a Child 1 (RCW 9A.44.073)

                              Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

   XI                       Rape 2 (RCW 9A.44.050)

                              Rape of a Child 2 (RCW 9A.44.076)

                              Manslaughter 1 (RCW 9A.32.060)

    X                       Kidnapping 1 (RCW 9A.40.020)

                              Child Molestation 1 (RCW 9A.44.083)

                              Malicious explosion 3 (RCW 70.74.280(3))

                              Over 18 and deliver heroin ((or)), a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

                              Leading Organized Crime (RCW 9A.82.060(1)(a))

                              Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

   IX                       Assault of a Child 2 (RCW 9A.36.130)

                              Robbery 1 (RCW 9A.56.200)

                              Explosive devices prohibited (RCW 70.74.180)

                              Malicious placement of an explosive 2 (RCW 70.74.270(2))

                              Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                              Controlled Substance Homicide (RCW 69.50.415)

                              Sexual Exploitation (RCW 9.68A.040)

                              Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                              Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIII                       Arson 1 (RCW 9A.48.020)

                              Promoting Prostitution 1 (RCW 9A.88.070)

                              Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                              Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                              Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                              Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

                              Manslaughter 2 (RCW 9A.32.070)

 VII                       Burglary 1 (RCW 9A.52.020)

                              Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

                              Introducing Contraband 1 (RCW 9A.76.140)

                              Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                              Child Molestation 2 (RCW 9A.44.086)

                              Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                              Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                              Involving a minor in drug dealing (RCW 69.50.401(f))

                              Drive-by Shooting (RCW 9A.36.045)

                              Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                              Malicious placement of an explosive 3 (RCW 70.74.270(3))

   VI                       Bribery (RCW 9A.68.010)

                              Rape of a Child 3 (RCW 9A.44.079)

                              Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                              Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                              Incest 1 (RCW 9A.64.020(1))

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                              Intimidating a Judge (RCW 9A.72.160)

                              Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                              Theft of a Firearm (RCW 9A.56.300)

    V                       Persistent prison misbehavior (RCW 9.94.070)

                              Criminal Mistreatment 1 (RCW 9A.42.020)

                              Abandonment of dependent person 1 (RCW 9A.42.060)

                              Rape 3 (RCW 9A.44.060)

                              Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                              Child Molestation 3 (RCW 9A.44.089)

                              Kidnapping 2 (RCW 9A.40.030)

                              Extortion 1 (RCW 9A.56.120)

                              Incest 2 (RCW 9A.64.020(2))

                              Perjury 1 (RCW 9A.72.020)

                              Extortionate Extension of Credit (RCW 9A.82.020)

                              Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                              Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                              Rendering Criminal Assistance 1 (RCW 9A.76.070)

                              Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                              Sexually Violating Human Remains (RCW 9A.44.105)

                              Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                              Possession of a Stolen Firearm (RCW 9A.56.310)

   IV                       Residential Burglary (RCW 9A.52.025)

                              Theft of Livestock 1 (RCW 9A.56.080)

                              Robbery 2 (RCW 9A.56.210)

                              Assault 2 (RCW 9A.36.021)

                              Escape 1 (RCW 9A.76.110)

                              Arson 2 (RCW 9A.48.030)

                              Commercial Bribery (RCW 9A.68.060)

                              Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                              Malicious Harassment (RCW 9A.36.080)

                              Threats to Bomb (RCW 9.61.160)

                              Willful Failure to Return from Furlough (RCW 72.66.060)

                              Hit and Run--Injury Accident (RCW 46.52.020(4))

                              Hit and Run with Vessel--Injury Accident (RCW 88.12.155(3))

                              Vehicular Assault (RCW 46.61.522)

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana ((or)), methamphetamines, or flunitrazepam) (RCW 69.50.401 (a)(1) (iii) through (v))

                              Influencing Outcome of Sporting Event (RCW 9A.82.070)

                              Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                              Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

   III                       Criminal Gang Intimidation (RCW 9A.46.120)

                              Criminal Mistreatment 2 (RCW 9A.42.030)

                              Abandonment of dependent person 2 (RCW 9A.42.070)

                              Extortion 2 (RCW 9A.56.130)

                              Unlawful Imprisonment (RCW 9A.40.040)

                              Assault 3 (RCW 9A.36.031)

                              Assault of a Child 3 (RCW 9A.36.140)

                              Custodial Assault (RCW 9A.36.100)

                              Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                              Harassment (RCW 9A.46.020)

                              Promoting Prostitution 2 (RCW 9A.88.080)

                              Willful Failure to Return from Work Release (RCW 72.65.070)

                              Burglary 2 (RCW 9A.52.030)

                              Introducing Contraband 2 (RCW 9A.76.150)

                              Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                              Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                              Escape 2 (RCW 9A.76.120)

                              Perjury 2 (RCW 9A.72.030)

                              Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                              Intimidating a Public Servant (RCW 9A.76.180)

                              Tampering with a Witness (RCW 9A.72.120)

                              Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                              Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                              Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                              Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                              Theft of livestock 2 (RCW 9A.56.080)

                              Securities Act violation (RCW 21.20.400)

    II                       Unlawful Practice of Law (RCW 2.48.180)

                              Malicious Mischief 1 (RCW 9A.48.070)

                              Possession of Stolen Property 1 (RCW 9A.56.150)

                              Theft 1 (RCW 9A.56.030)

                              Class B Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

                              Trafficking in Insurance Claims (RCW 48.30A.015)

                              Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

                              Health Care False Claims (RCW 48.80.030)

                              Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                              Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                              Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                              Computer Trespass 1 (RCW 9A.52.110)

                              Escape from Community Custody (RCW 72.09.310)

      I                       Theft 2 (RCW 9A.56.040)

                              Class C Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

                              Possession of Stolen Property 2 (RCW 9A.56.160)

                              Forgery (RCW 9A.60.020)

                              Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                              Vehicle Prowl 1 (RCW 9A.52.095)

                              Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                              Malicious Mischief 2 (RCW 9A.48.080)

                              Reckless Burning 1 (RCW 9A.48.040)

                              Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                              Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                              False Verification for Welfare (RCW 74.08.055)

                              Forged Prescription (RCW 69.41.020)

                              Forged Prescription for a Controlled Substance (RCW 69.50.403)

                              Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

       Sec. 5. RCW 13.40.0357 and 1997 c 338 s 12 and 1997 c 66 s 6 are each reenacted and amended to read as follows:


DESCRIPTION AND OFFENSE CATEGORY


Juvenile                                                                           Juvenile Disposition

Disposition                                                                   Category for Attempt,

Offense                                                                        Bailjump, Conspiracy,

Category          Description (RCW Citation)                           or Solicitation

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

 

                         Arson and Malicious Mischief

         A             Arson 1 (9A.48.020)                                                 B+

         B             Arson 2 (9A.48.030)                                                 C

         C             Reckless Burning 1 (9A.48.040)                               D

         D             Reckless Burning 2 (9A.48.050)                               E

         B             Malicious Mischief 1 (9A.48.070)                            C

         C             Malicious Mischief 2 (9A.48.080)                            D

         D             Malicious Mischief 3 (<$50 is

                         E class) (9A.48.090)                                                 E

         E             Tampering with Fire Alarm

                         Apparatus (9.40.100)                                                E

         A             Possession of Incendiary Device

                         (9.40.120)                                                                  B+

 

                         Assault and Other Crimes

                         Involving Physical Harm

         A             Assault 1 (9A.36.011)                                               B+

         B+           Assault 2 (9A.36.021)                                               C+

         C+           Assault 3 (9A.36.031)                                               D+

         D+           Assault 4 (9A.36.041)                                               E

         B+           Drive-By Shooting

                         (9A.36.045)                                                               C+

         D+           Reckless Endangerment

                         (9A.36.050)                                                               E

         C+           Promoting Suicide Attempt

                         (9A.36.060)                                                               D+

         D+           Coercion (9A.36.070)                                               E

         C+           Custodial Assault (9A.36.100)                                  D+

 

                         Burglary and Trespass

         B+           Burglary 1 (9A.52.020)                                             C+

         B             Residential Burglary

                         (9A.52.025)                                                               C

         B             Burglary 2 (9A.52.030)                                             C

         D             Burglary Tools (Possession of)

                         (9A.52.060)                                                               E

         D             Criminal Trespass 1 (9A.52.070)                              E

         E             Criminal Trespass 2 (9A.52.080)                              E

         C             Vehicle Prowling 1 (9A.52.095)                               D

         D             Vehicle Prowling 2 (9A.52.100)                               E

 

                         Drugs

         E             Possession/Consumption of Alcohol

                         (66.44.270)                                                                E

         C             Illegally Obtaining Legend Drug

                         (69.41.020)                                                                D

         C+           Sale, Delivery, Possession of Legend

                         Drug with Intent to Sell

                         (69.41.030)                                                                D+

         E             Possession of Legend Drug

                         (69.41.030)                                                                E

         B+           Violation of Uniform Controlled

                         Substances Act - Narcotic ((or)),

                         Methamphetamine, or Flunitrazepam

                         Sale (69.50.401(a)(1)(i) or (ii))                                 B+

         C             Violation of Uniform Controlled

                         Substances Act - Nonnarcotic Sale

                         (69.50.401(a)(1)(iii))                                                 C

         E             Possession of Marihuana <40 grams

                         (69.50.401(e))                                                           E

         C             Fraudulently Obtaining Controlled

                         Substance (69.50.403)                                               C

         C+           Sale of Controlled Substance

                         for Profit (69.50.410)                                                C+

         E             Unlawful Inhalation (9.47A.020)                              E

         B             Violation of Uniform Controlled

                         Substances Act - Narcotic ((or)),

                         Methamphetamine, or Flunitrazepam

                         Counterfeit Substances

                         (69.50.401(b)(1)(i) or (ii))                                         B

         C             Violation of Uniform Controlled

                         Substances Act - Nonnarcotic

                         Counterfeit Substances

                         (69.50.401(b)(1) (iii), (iv), (v))                                 C

         C             Violation of Uniform Controlled

                         Substances Act - Possession of a

                         Controlled Substance

                         (69.50.401(d))                                                           C

         C             Violation of Uniform Controlled

                         Substances Act - Possession of a

                         Controlled Substance

                         (69.50.401(c))                                                           C

 

                         Firearms and Weapons

         B             Theft of Firearm (9A.56.300)                                   C

         B             Possession of Stolen Firearm

                         (9A.56.310)                                                               C

         E             Carrying Loaded Pistol Without

                         Permit (9.41.050)                                                      E

         C             Possession of Firearms by Minor (<18)

                         (9.41.040(1) (b) (iii))                                                 C

         D+           Possession of Dangerous Weapon

                         (9.41.250)                                                                  E

         D             Intimidating Another Person by use

                         of Weapon (9.41.270)                                               E

 

                         Homicide

         A+           Murder 1 (9A.32.030)                                               A

         A+           Murder 2 (9A.32.050)                                               B+

         B+           Manslaughter 1 (9A.32.060)                                     C+

         C+           Manslaughter 2 (9A.32.070)                                     D+

         B+           Vehicular Homicide (46.61.520)                              C+

 

                         Kidnapping

         A             Kidnap 1 (9A.40.020)                                               B+

         B+           Kidnap 2 (9A.40.030)                                               C+

         C+           Unlawful Imprisonment

                         (9A.40.040)                                                               D+

 

                         Obstructing Governmental Operation

         D             Obstructing a Law Enforcement

                         Officer (9A.76.020)                                                  E

         E             Resisting Arrest (9A.76.040)                                    E

         B             Introducing Contraband 1

                         (9A.76.140)                                                               C

         C             Introducing Contraband 2

                         (9A.76.150)                                                               D

         E             Introducing Contraband 3

                         (9A.76.160)                                                               E

         B+           Intimidating a Public Servant

                         (9A.76.180)                                                               C+

         B+           Intimidating a Witness

                         (9A.72.110)                                                               C+

 

                         Public Disturbance

         C+           Riot with Weapon (9A.84.010)                                 D+

         D+           Riot Without Weapon

                         (9A.84.010)                                                               E

         E             Failure to Disperse (9A.84.020)                                E

         E             Disorderly Conduct (9A.84.030)                               E

 

                         Sex Crimes

         A             Rape 1 (9A.44.040)                                                   B+

         A-            Rape 2 (9A.44.050)                                                   B+

         C+           Rape 3 (9A.44.060)                                                   D+

         A-            Rape of a Child 1 (9A.44.073)                                  B+

         B+           Rape of a Child 2 (9A.44.076)                                  C+

         B             Incest 1 (9A.64.020(1))                                             C

         C             Incest 2 (9A.64.020(2))                                             D

         D+           Indecent Exposure

                         (Victim <14) (9A.88.010)                                         E

         E             Indecent Exposure

                         (Victim 14 or over) (9A.88.010)                               E

         B+           Promoting Prostitution 1

                         (9A.88.070)                                                               C+

         C+           Promoting Prostitution 2

                         (9A.88.080)                                                               D+

         E             O & A (Prostitution) (9A.88.030)                             E

         B+           Indecent Liberties (9A.44.100)                                 C+

         A-            Child Molestation 1 (9A.44.083)                              B+

         B             Child Molestation 2 (9A.44.086)                              C+

 

                         Theft, Robbery, Extortion, and Forgery

         B             Theft 1 (9A.56.030)                                                  C

         C             Theft 2 (9A.56.040)                                                  D

         D             Theft 3 (9A.56.050)                                                  E

         B             Theft of Livestock (9A.56.080)                                C

         C             Forgery (9A.60.020)                                                 D

         A             Robbery 1 (9A.56.200)                                             B+

         B+           Robbery 2 (9A.56.210)                                             C+

         B+           Extortion 1 (9A.56.120)                                            C+

         C+           Extortion 2 (9A.56.130)                                            D+

         B             Possession of Stolen Property 1

                         (9A.56.150)                                                               C

         C             Possession of Stolen Property 2

                         (9A.56.160)                                                               D

         D             Possession of Stolen Property 3

                         (9A.56.170)                                                               E

         C             Taking Motor Vehicle Without

                         Owner's Permission (9A.56.070)                              D

 

                         Motor Vehicle Related Crimes

         E             Driving Without a License

                         (46.20.005)                                                                E

         C             Hit and Run - Injury

                         (46.52.020(4))                                                           D

         D             Hit and Run-Attended

                         (46.52.020(5))                                                           E

         E             Hit and Run-Unattended

                         (46.52.010)                                                                E

         C             Vehicular Assault (46.61.522)                                  D

         C             Attempting to Elude Pursuing

                         Police Vehicle (46.61.024)                                       D

         E             Reckless Driving (46.61.500)                                   E

         D             Driving While Under the Influence

                         (46.61.502 and 46.61.504)                                        E

 

                         Other

         B             Bomb Threat (9.61.160)                                            C

         C             Escape 11 (9A.76.110)                                              C

         C             Escape 21 (9A.76.120)                                              C

         D             Escape 3 (9A.76.130)                                                E

         E             Obscene, Harassing, Etc.,

                         Phone Calls (9.61.230)                                              E

         A             Other Offense Equivalent to an

                         Adult Class A Felony                                                B+

         B             Other Offense Equivalent to an

                         Adult Class B Felony                                                C

         C             Other Offense Equivalent to an

                         Adult Class C Felony                                                D

         D             Other Offense Equivalent to an

                         Adult Gross Misdemeanor                                        E

         E             Other Offense Equivalent to an

                         Adult Misdemeanor                                                  E

         V             Violation of Order of Restitution,

                         Community Supervision, or

                         Confinement (13.40.200)2                                         V


1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:


       1st escape or attempted escape during 12-month period - 4 weeks confinement

       2nd escape or attempted escape during 12-month period - 8 weeks confinement

       3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement


2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.


JUVENILE SENTENCING STANDARDS


This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.


OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

 

                                                                                                                                                   

                  A+        180 WEEKS TO AGE 21 YEARS

                                                                                                                                                   

                  A          103 WEEKS TO 129 WEEKS

                                                                                             

                  A-         15-36                |52-65       |80-100      |103-129

                               WEEKS            |WEEKS   |WEEKS   |WEEKS

                               EXCEPT           |||

                               30-40                |||

                               WEEKS FOR   |||

                               15-17                |||

                               YEAR OLDS   |||

                                                                                                               

Current     B+        15-36                                  |52-65       |80-100      |103-129

Offense                  WEEKS                              |WEEKS   |WEEKS   |WEEKS

Category                                                                                                                                    

                  B          LOCAL                              |                 |52-65

                                SANCTIONS (LS)             |15-36 WEEKS           |WEEKS

                                                                                                                                                   

                  C+        LS                                                         |

                                                                                             |15-36 WEEKS

                                                                                                               

                  C          LS                                                                           |15-36 WEEKS

                                                         Local Sanctions:                           |

                                                         0 to 30 Days                                                                     

                  D+        LS                     0 to 12 Months Community Supervision

                                                         0 to 150 Hours Community Service

                  D          LS                     $0 to $500 Fine

 

                  E           LS 

                                                                                                                                                   

                                    0                    1                    2                3                4 or more

                                                          PRIOR ADJUDICATIONS


NOTE: References in the grid to days or weeks mean periods of confinement.

     (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

     (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

     (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

     (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

     (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.


OR

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE


     If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(5) and 13.40.165.


OR

OPTION C

MANIFEST INJUSTICE


If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

     Sec. 6. RCW 9A.44.050 and 1997 c 392 s 514 are each amended to read as follows:

     (1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

     (a) By forcible compulsion;

     (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated, including physical helplessness or mental incapacity induced by any controlled substance, and the perpetrator knows of the helplessness or incapacity;

     (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

     (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;

     (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

     (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

     (2) Rape in the second degree is a class A felony.

     Sec. 7. RCW 9A.44.100 and 1997 c 392 s 515 are each amended to read as follows:

     (1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

     (a) By forcible compulsion;

     (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless, including mental incapacity or physical helplessness induced by any controlled substance, and the perpetrator knows of the defect, incapacity, or helplessness;

     (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

     (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

     (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

     (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

     (2) Indecent liberties is a class B felony.

     NEW SECTION. Sec. 8. A new section is added to chapter 9A.44 RCW to read as follows:

     Rape crisis centers, law enforcement, and hospital emergency rooms shall provide to all personnel investigating cases of sexual assault training on how to recognize the presence of sedating substances, how to test for the substances, and the appropriate chain of custody procedures to follow so that the evidence may be used in a court of law. The training required by this section may be incorporated into existing training programs.

     NEW SECTION. Sec. 9. This act applies to crimes committed on or after July 1, 1998.

     NEW SECTION. Sec. 10. This act takes effect July 1, 1998.

     NEW SECTION. Sec. 11. 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."

     Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    Senator Deccio moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 5305.

    Debate ensued. 

    The President declared the question before the Senate to be the motion by Senator Deccio that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 5305.

    The motion by Senator Deccio carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5305.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5305, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5305, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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 - 47.                  Absent: Senator Hargrove - 1.          Excused: Senator Benton - 1.     ENGROSSED SUBSTITUTE SENATE BILL NO. 5305, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 4, 1998

MR. PRESIDENT:

    The House has passed SENATE BILL NO. 6348 with the following amendment(s):

     On page 3, beginning on line 27, strike section 3 and insert:

     "NEW SECTION. Sec. 3. The department shall not deny exemptions under RCW 82.08.02565 or 82.12.02565 solely on the basis of failure to comply with duplicate certificate or summary filing requirements. The amendments of RCW 82.08.02565 or 82.12.02565 in this act do not terminate requirements to file duplicate certificates or summaries in respect to exemptions claimed for periods before January 1, 1999.

     NEW SECTION. Sec. 4. Sections 1 and 2 of this act take effect January 1, 1999."

     Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    Senator McCaslin moved that the Senate concur in the House amendment to Senate Bill No. 6348.

    Debate ensued. 

    The President declared the question before the Senate to be the motion by Senator McCaslin that the Senate concur in the House amendment to Senate Bill No. 6348.

    The motion by Senator McCaslin carried and the Senate concurred in the House amendment to Senate Bill No. 6348.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6348, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6348, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, 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 - 48.            Absent: Senator McDonald - 1.             SENATE BILL NO. 6348, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


    There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 6421, deferred March 7, 1998, after the motion by Senator Schow to concur in the House amendment carried.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6421, as amended by the House.

    Debate ensued.

 

POINT OF INQUIRY


    Senator Heavey: “Senator Schow, I've read the bill about three times and still don' t understand it. If you have a written severance agreement, does that remuneration--and therefore you are not--you would not get unemployment insurance?''

    Senator Schow: “That is my understanding.”

    Senator Heavey: “So, if you don't have a written one, do you get unemployment insurance?”

    Senator Schow: “If you don't have--”

    Senator Heavey: “If you don't have a written severance package--”

    Senator Schow: “Well, if the severance that you get is not designated as pay for the future, it is my understanding that for both public and private, you would be eligible for unemployment.”

    Senator Heavey: “Thank you.”

 

ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6421, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; 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, Wojahn, Wood and Zarelli - 48.            Voting nay: Senator Thibaudeau - 1.     ENGROSSED SUBSTITUTE SENATE BILL NO. 6421, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 4, 1998

MR. PRESIDENT:

    The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6445 with the following amendment(s):Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. It is the intent of the legislature to:

     (1) Enhance public safety and maximize the rehabilitative potential of juvenile offenders through modifications to licensed community residential placements for juveniles;

     (2) Ensure community support for community facilities by enabling community participation in decisions involving these facilities and assuring the safety of communities in which community facilities for juvenile offenders are located; and

     (3) Improve public safety by strengthening the safeguards in placement, oversight, and monitoring of the juvenile offenders placed in the community, and by establishing minimum standards for operation of licensed residential community facilities. The legislature finds that community support and participation is vital to the success of community programming.

     Sec. 2. RCW 72.05.020 and 1979 c 141 s 178 are each amended to read as follows:

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

     (1) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility.

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

     (3) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

     (4) "Service provider" means the entity that operates a community facility.

     Sec. 3. RCW 74.15.020 and 1997 c 245 s 7 are each amended to read as follows:

     For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

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

     (2) "Secretary" means the secretary of social and health services;

     (3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

     (a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

     (b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

     (c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

     (d) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

     (e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;

     (f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

     (g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;

     (h) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility;

     (i) "Service provider" means the entity that operates a community facility.

     (4) "Agency" shall not include the following:

     (a) Persons related to the child, expectant mother, or person with developmental disability in the following ways:

     (i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

     (ii) Stepfather, stepmother, stepbrother, and stepsister;

     (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

     (iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (4)(a), even after the marriage is terminated; or

     (v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

     (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

     (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

     (d) Parents on a mutually cooperative basis exchange care of one another's children;

     (e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

     (f) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

     (g) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

     (h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

     (i) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

     (j) Licensed physicians or lawyers;

     (k) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

     (l) Facilities approved and certified under chapter 71A.22 RCW;

     (m) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

     (n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

     (o) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

     (p) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

     (5) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

     (6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

     (7) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

     Sec. 4. RCW 13.50.010 and 1997 c 386 s 21 and 1997 c 338 s 39 are each reenacted and amended to read as follows:

     (1) For purposes of this chapter:

     (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of family and children's ombudsman, the department of social and health services and its contracting agencies, schools; ((and, in addition,)) persons or public or private agencies having children committed to their custody; and any placement oversight committee created under section 9 of this act;

     (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

     (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;

     (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

     (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

     (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

     (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court((, upon proof presented,)) to be false or inaccurate shall be corrected or expunged from such records by the agency;

     (b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

     (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

     (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

     (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

     (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

     (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

     (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

     (9) Juvenile detention facilities shall release records to the sentencing guidelines commission under RCW 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

     (10) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative children's oversight committee or the office of the family and children's ombudsman.

     NEW SECTION. Sec. 5. A new section is added to chapter 72.05 RCW to read as follows:

     (1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility may be operated only after the public notification and opportunities for review and comment as required by this section.

     (2) The secretary shall establish a process for early and continuous public participation in establishing or relocating community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:

     (a) If there are more than three sites initially selected as potential locations and the selection process by the secretary or a service provider reduces the number of possible sites for a community facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a community facility may be sited.

     (b) When the secretary or service provider has determined the community facility's location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the community facility will be sited.

     (c) When the secretary has entered negotiations with a service provider and only one site is under consideration, then at least two public hearings shall be held.

     (d) To provide adequate notice of, and opportunity for interested persons to comment on, a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days advance notice of the meeting to all newspapers of general circulation in the community, all radio and television stations generally available to persons in the community, any school district in which the community facility would be sited or whose boundary is within two miles of a proposed community facility, any library district in which the community facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed community facility. Before initiating this process, the department shall contact local government planning agencies in the communities containing the proposed community facility. The department shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.

     (3) The secretary shall not issue a license to any service provider until the service provider submits proof that the requirements of this section have been met.

     (4) This section shall apply only to community facilities sited after the effective date of this act.

     NEW SECTION. Sec. 6. A new section is added to chapter 72.05 RCW to read as follows:

     The department shall adopt an infraction policy for juveniles placed in community facilities. The policy shall require written documentation by the department and service providers of all infractions and violations by juveniles of conditions set by the department. Any juvenile who commits a serious infraction or a serious violation of conditions set by the department shall be returned to an institution. The secretary shall not return a juvenile to a community facility until a new risk assessment has been completed and the secretary reasonably believes that the juvenile can adhere to the conditions set by the department. The department shall define the terms "serious infraction" and "serious violation" in rule and shall include but not necessarily limited to the commission of any criminal offense, any unlawful use or possession of a controlled substance, and any use or possession of an alcoholic beverage.

     NEW SECTION. Sec. 7. A new section is added to chapter 74.15 RCW to read as follows:

     (1) Whenever the secretary contracts with a service provider to operate a community facility, the contract shall include a requirement that each service provider must report to the department any known infraction or violation of conditions committed by any juvenile under its supervision. The report must be made immediately upon learning of serious infractions or violations and within twenty-four hours for other infractions or violations.

     (2) The secretary shall adopt rules to implement and enforce the provisions of this section. The rules shall contain a schedule of monetary penalties not to exceed the total compensation set forth in the contract, and include provisions that allow the secretary to terminate all contracts with a service provider that has violations of this section and the rules adopted under this section.

     (3) The secretary shall document in writing all violations of this section and the rules adopted under this section, penalties, actions by the department to remove juveniles from a community facility, and contract terminations. The department shall give great weight to a service provider's record of violations, penalties, actions by the department to remove juveniles from a community facility, and contract terminations in determining to execute, renew, or renegotiate a contract with a service provider.

     NEW SECTION. Sec. 8. A new section is added to chapter 72.05 RCW to read as follows:

     (1) The department shall publish and operate a staffed, toll-free twenty-four-hour hotline for the purpose of receiving reports of violation of conditions set for juveniles who are placed in community facilities.

     (2) The department shall include the phone number on all documents distributed to the juvenile and the juvenile's employer, school, parents, and treatment providers.

     (3) The department shall include the phone number in every contract it executes with any service provider after the effective date of this act.

     NEW SECTION. Sec. 9. A new section is added to chapter 72.05 RCW to read as follows:

     (1) Promptly following the report due under section 17 of this act, the secretary shall develop a process with local governments that allows each community to establish a community placement oversight committee. The department may conduct community awareness activities. The community placement oversight committees developed pursuant to this section shall be implemented no later than September 1, 1999.

     (2) The community placement oversight committees may review and make recommendations regarding the placement of any juvenile who the secretary proposes to place in the community facility.

     (3) The community placement oversight committees, their members, and any agency represented by a member shall not be liable in any cause of action as a result of its decision in regard to a proposed placement of a juvenile unless the committee acts with gross negligence or bad faith in making a placement decision.

     (4) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

     (5) Except as provided in RCW 13.40.215, at least seventy-two hours prior to placing a juvenile in a community facility the secretary shall provide to the chief law enforcement officer of the jurisdiction in which the community facility is sited: (a) The name of the juvenile; (b) the juvenile's criminal history; and (c) such other relevant and disclosable information as the law enforcement officer may require.

     NEW SECTION. Sec. 10. A new section is added to chapter 72.05 RCW to read as follows:

     (1) The department shall not initially place an offender in a community facility unless:

     (a) The department has conducted a risk assessment, including a determination of drug and alcohol abuse, and the results indicate the juvenile will pose not more than a minimum risk to public safety; and

     (b) The offender has spent at least ten percent of his or her sentence, but in no event less than thirty days, in a secure institution operated by, or under contract with, the department.

     The risk assessment must include consideration of all prior convictions and all available nonconviction data released upon request under RCW 10.97.050, and any serious infractions or serious violations while under the jurisdiction of the secretary or the courts.

     (2) No juvenile offender may be placed in a community facility until the juvenile's student records and information have been received and the department has reviewed them in conjunction with all other information used for risk assessment, security classification, and placement of the juvenile.

     (3) A juvenile offender shall not be placed in a community facility until the department's risk assessment and security classification is complete and local law enforcement has been properly notified.

     Sec. 11. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:

     School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to any lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Except as provided in section 12 of this act, parents and students shall be notified by the school district of all such orders or subpoenas in advance of compliance with them.

     NEW SECTION. Sec. 12. A new section is added to chapter 13.40 RCW to read as follows:

     (1) Pursuant to RCW 28A.600.475, and to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g(b), and in order to serve the juvenile while in detention and to prepare any postconviction services, schools shall make all student records and information necessary for risk assessment, security classification, and placement available to court personnel and the department within three working days of a request under this section.

     (2)(a) When a juvenile has one or more prior convictions, a request for records shall be made by the county prosecuting attorney, or probation department if available, to the school not more than ten days following the juvenile's arrest or detention, whichever occurs later, and prior to trial. The request may be made by subpoena.

     (b) Where a juvenile has no prior conviction, a request to release records shall be made by subpoena upon the juvenile's conviction. When the request for a juvenile's student records and information is made by subpoena following conviction, the court or other issuing agency shall order the school on which the subpoena is served not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. When the court or issuing agency so orders, the school shall not provide notice to the juvenile or his or her parents.

     NEW SECTION. Sec. 13. A new section is added to chapter 72.05 RCW to read as follows:

     (1) The department shall establish by rule, in consultation with the office of the superintendent of public instruction, those student records and information necessary to conduct a risk assessment, make a security classification, and ensure proper placement. Those records shall include at least:

     (a) Any history of placement in special education programs;

     (b) Any past, current, or pending disciplinary action;

     (c) Any history of violent, aggressive, or disruptive behavior, or gang membership, or behavior listed in RCW 13.04.155;

     (d) Any use of weapons that is illegal or in violation of school policy;

     (e) Any history of truancy;

     (f) Any drug or alcohol abuse;

     (g) Any health conditions affecting the juvenile's placement needs; and

     (h) Any other relevant information.

     (2) For purposes of this section "gang" has the meaning defined in RCW 28A.225.225.

     NEW SECTION. Sec. 14. A new section is added to chapter 72.05 RCW to read as follows:

     (1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the placement and supervision of juveniles must be accomplished in accordance with this section.

     (2) The secretary shall require that any juvenile placed in a community facility and who is employed or assigned as a volunteer be subject to monitoring for compliance with requirements for attendance at his or her job or assignment. The monitoring requirements shall be included in a written agreement between the employer or supervisor, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:

     (a) Acknowledgment of the juvenile's offender status;

     (b) The name, address, and telephone number of the community facility at which the juvenile resides;

     (c) The twenty-four-hour telephone number required under section 8 of this act;

     (d) The name and work telephone number of all persons responsible for the supervision of the juvenile;

     (e) A prohibition on the juvenile's departure from the work or volunteer site without prior approval of the person in charge of the community facility;

     (f) A prohibition on personal telephone calls except to the community facility;

     (g) A prohibition on receiving compensation in any form other than a negotiable instrument;

     (h) A requirement that rest breaks during work hours be taken only in those areas at the location which are designated for such breaks;

     (i) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;

     (j) A requirement that any unexcused absence, tardiness, or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;

     (k) A requirement that any notice from the juvenile that he or she will not report to the work or volunteer site be verified as legitimate by contacting the person in charge of the community facility; and

     (l) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.

     (3) The secretary shall require that any juvenile placed in a community facility and who is enrolled in a public or private school be subject to monitoring for compliance with requirements for attendance at his or her school. The monitoring requirements shall be included in a written agreement between the school district or appropriate administrative officer, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:

     (a) Acknowledgment of the juvenile's offender status;

     (b) The name, address, and telephone number of the community facility at which the juvenile resides;

     (c) The twenty-four-hour telephone number required under section 8 of this act;

     (d) The name and work telephone number of at least two persons at the school to contact if issues arise concerning the juvenile's compliance with the terms of his or her attendance at school;

     (e) A prohibition on the juvenile's departure from the school without prior approval of the appropriate person at the school;

     (f) A prohibition on personal telephone calls except to the community facility;

     (g) A requirement that the juvenile remain on school grounds except for authorized and supervised school activities;

     (h) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;

     (i) A requirement that any unexcused absence or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;

     (j) A requirement that any notice from the juvenile that he or she will not attend school be verified as legitimate by contacting the person in charge of the community facility; and

     (k) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.

     (4) The secretary shall require that when any juvenile placed in a community facility is employed, assigned as a volunteer, or enrolled in a public or private school:

     (a) Program staff members shall make and document periodic and random accountability checks while the juvenile is at the school or work facility;

     (b) A program counselor assigned to the juvenile shall contact the juvenile's employer, teacher, or school counselor regularly to discuss school or job performance-related issues.

     (5) The department shall maintain a copy of all agreements executed under this section. The department shall also provide each affected juvenile with a copy of every agreement to which he or she is a party. The service provider shall maintain a copy of every agreement it executes under this section.

     NEW SECTION. Sec. 15. A new section is added to chapter 72.05 RCW to read as follows:

     (1) The department shall establish by rule a policy for the common use of residential group homes for juvenile offenders under the jurisdiction of the juvenile rehabilitation administration and the children's administration.

     (2) A juvenile confined under the jurisdiction of the juvenile rehabilitation administration who is convicted of a class A felony is not eligible for placement in a community facility operated by children's administration that houses juveniles who are not under the jurisdiction of juvenile rehabilitation administration unless:

     (a) The juvenile is housed in a separate living unit solely for juvenile offenders;

     (b) The community facility is a specialized treatment program and the youth is not assessed as sexually aggressive under RCW 13.40.470; or

     (c) The community facility is a specialized treatment program that houses one or more sexually aggressive youth and the juvenile is not assessed as sexually vulnerable under RCW 13.40.470.

     NEW SECTION. Sec. 16. A new section is added to chapter 72.05 RCW to read as follows:

     (1) A person shall not be eligible for an employed or volunteer position within the juvenile rehabilitation administration or any agency with which it contracts in which the person may have regular access to juveniles under the jurisdiction of the department of social and health services or the department of corrections if the person has been convicted of one or more of the following:

     (a) Any felony sex offense;

     (b) Any violent offense, as defined in RCW 9.94A.030.

     (2) Subsection (1) of this section applies only to persons hired by the department or any of its contracting agencies after the effective date of this act.

     (3) Any person employed by the juvenile rehabilitation administration, or by any contracting agency, who may have regular access to juveniles under the jurisdiction of the department or the department of corrections and who is convicted of an offense set forth in this section after the effective date of this act, shall report the conviction to his or her supervisor. The report must be made within seven days of conviction. Failure to report within seven days of conviction constitutes misconduct under Title 50 RCW.

     (4) For purposes of this section "may have regular access to juveniles" means access for more than a nominal amount of time.

     (5) The department shall adopt rules to implement this section.

     NEW SECTION. Sec. 17. (1) The Washington state institute for public policy shall conduct a special study of the contracts, operations, and monitoring of community residential facilities that house juvenile offenders who are under the jurisdiction of the department's juvenile rehabilitation administration.

     (2) The institute must consult with nearby residents, local sheriffs and police chiefs, courts, probation departments, schools, and employers in the community in which the community residential facility is located.

     (3) The institute shall investigate and report on at least the following issues:

     (a) Community residential security, staffing, and operation:




     (i) Are the facilities physically secured with door locks, alarms, video monitors, and other security features so that staff are immediately aware of any unauthorized exits or unauthorized visitors? Which homes are not?

     (ii) What legal barriers exist, if any, that prevent equipping community residential facilities with locks, alarms, video monitors, and other equipment that would make the facilities more physically secure?

     (iii) How much would it cost to equip community residential facilities with security equipment?

     (iv) For each facility describe:

     (A) The staffing level by shift;

     (B) The times, if any, in which offenders are either locked inside secure rooms or locked inside the facility;

     (C) What constitutes an escape;

     (D) How much time must elapse before an unauthorized absence becomes an escape;

     (E) The escape reporting procedure;

     (F) Who may visit the offender and at what hours;

     (G) What is the screening process used to authorize visitors;

     (H) What controls exist to monitor and regulate persons who visit the facilities; and

     (I) Whether offenders share bedrooms.

     (v) Describe the monitoring level by the juvenile rehabilitation administration and specifically address the following:

     (A) How often does the juvenile rehabilitation staff visit the community residential facilities?

     (B) How many of these visits are random, unannounced, or conducted at night and on weekends and holidays?

     (C) What does the juvenile rehabilitation staff person investigate when conducting these visits?

     (D) How often does the juvenile rehabilitation staff contact neighbors, schools, employers, and law enforcement to determine whether juvenile offenders in the community residential facilities are disruptive or that staff is responsive to community concerns?

     (b) Offender intake and assessment procedures:

     (i) Identify procedural and financial barriers to sharing information about juvenile offenders in community residential facilities between the juvenile rehabilitation administration, schools, courts, law enforcement, other department of social and health services' programs including the division of children and family services and the division of alcohol and substance abuse, and the public.

     (ii) What authority does the state have to remove the barriers?

     (iii) Identify what entity is responsible for collecting risk assessment data. Describe the process and if it varies in different counties.

     (iv) What types and sources of data are being collected inconsistently?

     (v) What types and sources of data are being used inconsistently in performing risk assessments?

     (vi) What safeguards exist to ensure that assessments are being made with complete information?

     (c) Violations or infractions committed by juvenile offenders in community residential facilities:

     (i) How many violations, by type and seriousness level, have occurred or have been reported about juvenile offenders residing in community residential facilities during fiscal year 1997?

     (ii) What appeals process, if any, exists that governs an offender's appeal from a finding that the offender committed an infraction?

     (d) Community notification and participation in the facility siting and offender placement process:

     (i) What process, if any, does the juvenile rehabilitation administration use to notify local law enforcement, residents, schools, and businesses that a community residential facility that will house juvenile offenders will be located in a particular place?

     (ii) What process, if any, does the juvenile rehabilitation administration or the community residential facilities use to notify the individuals and entities identified in (d)(i) of this subsection regarding the placement of specific offenders into a community residential facility?

     (iii) To what extent, if any, does the juvenile rehabilitation administration or the community residential facility seek public comment on or participation in siting community residential facilities or placing particular offenders in those facilities?

     (iv) Compare the department of corrections' practices in obtaining community comment and participation in siting facilities and placement of offenders;

     (v) Identify models in other jurisdictions that provide for greater community comment and participation in siting facilities and placement of offenders;

     (vi) Identify any legal, procedural, practical barriers to increasing community comment and participation in siting facilities and placement of offenders.

     (e) Juvenile detention standards:

     (i) What standards are in place and proposed for all existing and planned detention facilities in this state?

     (ii) What is the current compliance of detention standards with recommended American correctional association standards and those delineated in RCW 13.06.050?

     (iii) What concerns, problems, or issues regarding current standards have a direct impact on the safety and health of offenders, staff, and the community?

     (iv) Identify and make recommendations with regard to the improvements needed including a timeline for the implementation of such improvements;

     (v) Recommend a schedule for periodic review of juvenile detention standards;

     (vi) Analyze the costs to implement the recommendations in accordance with the recommended timeline.

     (f) Recidivism rates of juveniles receiving parole services who are not sex offenders or receiving services under RCW 13.40.212, compared with juveniles who do not receive parole services.

     (4) The institute shall recommend changes to existing laws, procedures, and practices governing community residential facilities to increase public safety, community residential facility security, protection of juvenile offenders housed in community residential facilities, and community comment and participation in siting facilities and placement of offenders. The institute shall also identify costs associated with implementing recommended changes.

     (5) An initial status report of the progress of the study shall be presented to the senate human services and corrections committee and the house criminal justice and corrections committee no later than September 1, 1998. The institute shall present a final report to those committees no later than December 1, 1998.

     NEW SECTION. Sec. 18. The code reviser shall alphabetize the definitions in RCW 13.50.010 and 74.15.020 and correct any references.

     NEW SECTION. Sec. 19. This act takes effect September 1, 1998.

     NEW SECTION. Sec. 20. 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."

     Correct the title , and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    On motion of Senator Long, the Senate concurred in the House amendment to Engrossed Second Substitute Senate Bill No. 6445.


MOTION


    On motion of Senator Hale, Senators Strannigan and Swecker were excused.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6445, as amended by the House.




ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6445, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.   Absent: Senators Finkbeiner and McCaslin - 2.    Excused: Senators Strannigan and Swecker - 2.

    ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6445, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 5, 1998

MR. PRESIDENT:

    The House has passed SUBSTITUTE SENATE BILL NO. 6751 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 71A.10 RCW to read as follows:

     It is the intent of the legislature to affirm its longtime commitment to secure for eligible persons with developmental disabilities in partnership with their families or legal guardians the opportunity to choose where they live. Consistent with this commitment, the legislature supports the existence of a complete spectrum of options, including community support services and residential habilitation centers.

     The choice of service options must be supported by state policy, whether the choice is residential habilitation centers or community support services. The intent of the legislature is to ensure choice of service options to persons with developmental disabilities allowing, to the maximum extent possible, that they not have to leave their home or community.

     The legislature supports the respective roles that both residential habilitation centers and community support services play in providing options and resources for people with developmental disabilities and their families who need services. The legislature recognizes that services must ensure credibility, responsiveness, and reasonable quality, whether they are state, county, or community funded.

     Sec. 2. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:

     As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

     (1) "Community residential support services," or "community support services," and "in-home services" means one or more of the services listed in RCW 71A.12.040.

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

     (((2))) (3) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual. By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole ((determinate [determinant])) determinant of these conditions, and notify the legislature of this action.

     (((3))) (4) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

     (((4))) (5) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.

     (((5))) (6) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.

     (((6))) (7) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

     (((7))) (8) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

     (((8))) (9) "Secretary" means the secretary of social and health services or the secretary's designee.

     (((9))) (10) "Service" or "services" means services provided by state or local government to carry out this title.

     (11) “Vacancy” means an opening at a residential habilitation center, which when filled, would not require the center to exceed its biannually budgeted capacity.

     Sec. 3. RCW 71A.16.010 and 1988 c 176 s 401 are each amended to read as follows:

     (1) It is the intention of the legislature in this chapter to establish a single point of referral for persons with developmental disabilities and their families so that they may have a place of entry and continuing contact for services authorized under this title to persons with developmental disabilities. Eligible persons with developmental disabilities, whether they live in the community or residential habilitation centers, should have the opportunity to choose where they live.

     (2) Until June 30, 2003, and subject to subsection (3) of this section, if there is a vacancy in a residential habilitation center, the department shall offer admittance to the center to any eligible adult, or eligible adolescent on an exceptional case-by-case basis, with developmental disabilities if his or her assessed needs require the funded level of resources that are provided by the center.

     (3) The department shall not offer a person admittance to a residential habilitation center under subsection (2) of this section unless the department also offers the person appropriate community support services listed in RCW 71A.12.040.

     (4) Community support services offered under subsection (3) of this section may only be offered using funds specifically designated for this purpose in the state operating budget. When these funds are exhausted, the department may not offer admittance to a residential habilitation center, or community support services under this section.

     (5) Nothing in this section shall be construed to create an entitlement to state services for persons with developmental disabilities.

     (6) Subsections (2) through (6) of this section expire June 30, 2003.

     Sec. 4. RCW 71A.16.030 and 1988 c 176 s 403 are each amended to read as follows:

     (1) The department will develop an outreach program to ensure that any eligible person with developmental disabilities services in homes, the community, and residential habilitation centers will be made aware of these services. This subsection (1) expires June 30, 2003.

     (2) The secretary shall establish a single procedure for persons to apply for a determination of eligibility for services provided to persons with developmental disabilities.

     (((2))) (3) Until June 30, 2003, the procedure set out under subsection (1) of this section must require that all applicants and all persons with developmental disabilities currently receiving services from the division of developmental disabilities within the department be given notice of the existence and availability of residential habilitation center and community support services. For genuine choice to exist, people must know what the options are. Available options must be clearly explained, with services customized to fit the unique needs and circumstances of developmentally disabled clients and their families. Choice of providers and design of services and supports will be determined by the individual in conjunction with the department. When the person cannot make these choices, the person's legal guardian may make them, consistent with chapter 11.88 or 11.92 RCW. This subsection (3) expires June 30, 2003.

     (4) An application may be submitted by a person with a developmental disability, by the legal representative of a person with a developmental disability, or by any other person who is authorized by rule of the secretary to submit an application.

     NEW SECTION. Sec. 5. A new section is added to chapter 71A.12 RCW to read as follows:

     (1) The legislature recognizes that residential habilitation center and community support services should be available to each eligible person with developmental disabilities in our state within appropriated funds.

     (2) The legislature recognizes that there have been substantially increasing demands for all of these services. Therefore, the legislature believes that any reductions in the capacity of these services could jeopardize a needed balance in the developmental disabilities system. The legislature intends to stabilize the capacity of community support services and residential habilitation center services. The capacity of the residential habilitation centers shall not be reduced below the number of persons budgeted to be served in residential habilitation centers in chapter 149, Laws of 1997, subject to budget direction from the governor or reductions needed to adhere to an agreement with the federal department of justice regarding Fircrest School. The capacity of community support services shall not be reduced below the capacity provided for by the appropriation specified in chapter 149, Laws of 1997, subject to budget direction from the governor. If the direction from the governor requires reductions in the division of developmental disabilities, the budgets of both the residential habilitation centers and community support services shall be given equal consideration.

     (3) If such capacity is not needed for current clients of the department, any vacancies that may occur in community support services or residential habilitation center services shall be used to expand services to eligible persons with developmental disabilities not now receiving services. If a vacancy is created it will be made available to any eligible individual who is seeking and desires the services of a residential habilitation center pursuant to section 3 of this act. If residential habilitation center capacity is not being used for permanent residents, the department shall make any residential habilitation center vacancies available for respite care and any other services needed to care for this population in residential habilitation centers, other than permanent residence.

     NEW SECTION. Sec. 6. A new section is added to chapter 71A.12 RCW to read as follows:

     Any restrictions in staffing ratios that may be needed to implement section 5 of this act within available resources may not result in reductions to direct care staff.

     NEW SECTION. Sec. 7. A new section is added to chapter 71A.20 RCW to read as follows:

     As a means of implementing a choice-oriented system for people with developmental disabilities, staff of residential habilitation centers will continue to increase vocational and community access for current residents. Likewise, specialized residential habilitation services will be more easily accessed by community residents within available funds.

     NEW SECTION. Sec. 8. A new section is added to chapter 71A.12 RCW to read as follows:

     The department shall conduct an analysis whereby it identifies all persons with developmental disabilities who are eligible for services under Title 71A RCW, and whether they are served, unserved, or underserved. The department will gather data on the services and supports required by this population, their families or their guardians, and the cost of providing these services. This analysis will include assessing services such as those at residential habilitation centers, those community support services listed in RCW 71A.12.040, and including, but not limited to, supported employment, family support, post high school transition programs, crisis intervention services, supports for persons who have a developmental disability and also a mental illness, alternative uses for residential habilitation centers, community vocational services, respite care, specialized medical treatment, and appropriate placements for persons with developmental disabilities who are also offenders. The assessment shall be done with the participation of the developmental disabilities stakeholders work group. The assessment will commence no later than July 1, 1998.

     The assessment data will not be used to determine or allocate services for individual people. It will be used by the department, with the participation of the developmental disabilities stakeholder work group, to develop a long-term strategic plan. The plan will include three phases, the first one beginning December 1, 1998; the second beginning December 1, 2000; and the third beginning December 1, 2002. For each phase the department will provide incremental data and assessment of programs, services, and funding for persons with developmental disabilities and their families. For each phase the plan must also include budget and statutory recommendations intended to secure for all persons with developmental disabilities the opportunity to choose where they live, and shall support the existence of a complete spectrum of options including community support services, and residential habilitation centers that are consistent with those needs.

     NEW SECTION. Sec. 9. A new section is added to chapter 71A.12 RCW to read as follows:

     For the purposes of section 8 of this act, the developmental disabilities stakeholder work group is the division of developmental disabilities strategies for the future stakeholder work group established by the secretary in 1997 to develop recommendations on future directions and strategies for service delivery improvement, resulting in an agreement on the directions the department should follow in considering the respective roles of the residential habilitation centers and community support services, including a focus on the resources for people in need of services.

     NEW SECTION. Sec. 10. Sections 1 and 5 through 9 of this act expire June 30, 2003.

     NEW SECTION. Sec. 11. 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."

     Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION


    On motion of Senator Deccio, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 6751 and requests of the House a conference thereon.


APPOINTMENT OF CONFERENCE COMMITTEE


    The President appointed as members of the Conference Committee on Substitute Senate Bill No. 6751 and the House amendment(s) thereto: Senators Deccio, Wojahn and Wood.

MOTION


    On motion of Senator Johnson, the Conference Committee appointments were confirmed.


MESSAGE FROM THE HOUSE

March 4, 1998

MR. PRESIDENT:

    The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5703 with the following amendment(s):

     On page 1, line 18, after "least" strike "one" and insert "three"

     On page 5, line 1, after "Sec. 6." strike "This section does" and insert "Sections 1 through 6 of this act do"

     On page 5, line 5, after "rights." strike "This section does" and insert "Sections 1 through 6 of this act do"

     On page 5, after line 22, insert the following:

     "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."

     Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    Senator Anderson moved that the Senate refuse to concur in the House amendments to Engrossed Substitute Senate Bill No. 5703 and asks the House to recede therefrom.

    Debate ensued.




    The President declared the question before the Senate to be the motion by Senator Anderson that the Senate refuse to concur in the House amendments to Engrossed Substitute Senate Bill No. 5703 and asks the House to recede therefrom.

    The motion by Senator Anderson carried and the Senate refuses to concur in the House amendments to Engrossed Substitute Senate Bill No. 5703 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

March 4, 1998

MR. PRESIDENT:

    The House has passed SENATE BILL NO. 6392 with the following amendment(s):

     On page 2, line 8, after "are" strike "currently"

     On page 2, beginning on line 17, strike all of section 3

     Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    On motion of Senator Long, the Senate refuses to concur in the House amendments to Senate Bill No. 6392 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

March 5, 1998

MR. PRESIDENT:

    The House has passed SUBSTITUTE SENATE BILL NO. 6727 with the following amendment(s):

    On page 2, line 17, after "(b)" strike all material through "(c)" on line 18 and insert "((enrollments in state institutions of higher education,

     (c)))

     On page 2, line 22, strike "(d)" and insert "(((d))) (c)"

     On page 2, line 23, strike "(e)" and insert "(((e))) (d)"

     On page 2, after line 32, insert the following:

     "(5) For purposes of this section, state institutions of higher education as defined in RCW 28B.10.016(4) are not state agencies and are not eligible to participate in the savings incentive account."

     On page 3, line 3, after "the))" strike everything through "moneys" on line 9 and insert "Moneys"

     On page 3, line 11, strike "(((1))) (a)" and insert "(1)"

     On page 3, line 13, strike "(((2))) (b)" and insert "(2)"

     On page 3, line 16, after "Sec. 4." strike the remainder of the section and insert "A new section is added to chapter 43.79 RCW to read as follows:

     (1) The higher education savings account is established in the custody of the state treasurer. The account shall consist of all moneys appropriated to the account by the legislature. Only the state treasurer or his or her designee may authorize distributions from the account.

     (2) Within the account, the treasurer may create subaccounts for each state institution of higher education as defined in RCW 28B.10.016(4) to be credited with the higher education savings attributable to each individual state institution of higher education. For purposes of this section, "higher education savings" means the state general fund appropriations to each state institution of higher education that would otherwise lapse at the end of the fiscal year, to the extent that such amounts are appropriated to this account by the legislature.

     (3) Moneys from the account shall be distributed as follows: (a) For subaccounts of state baccalaureate institutions, (i) seventy-five percent to the distinguished professorship trust fund under RCW 28B.10.868, and (ii) twenty-five percent to the graduate fellowship trust fund under RCW 28B.10.882; and (b) for subaccounts of state community and technical colleges, to the college faculty awards trust fund under RCW 28B.50.837. Amounts distributed to the trust funds from the subaccounts shall be disbursed from the trust funds only on behalf of the institution whose subaccount contributed the amounts to the trust fund."

     On page 2, line 22, after "obligations" strike "((,)); and" and insert "((, and));"

     On page 2, line 23, after "obligations" insert "; and

     (f) Caseload and administration costs in the temporary assistance to needy families program"

     Renumber the subsections consecutively.

     On page 2, after line 32, insert the following:

     "NEW SECTION. Sec. 2. A new section is added to chapter 43.79 RCW to read as follows:

     The WorkFirst savings account is created in the state treasury. The account shall consist of all moneys appropriated to the account by the legislature. An appropriation is required for expenditure from the account. Moneys in the WorkFirst savings account may be appropriated solely for the purposes of chapter 74.08A RCW (Washington WorkFirst temporary assistance for needy families), including supported employment."

     Renumber remaining sections consecutively and correct title and internal references accordingly., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    On motion of Senator West, the Senate refuses to concur in the House amendments to Substitute Senate Bill No. 6727 and asks the House to recede therefrom.


MOTION


    At 11:51 a.m., on motion of Senator Johnson, the Senate recessed until 1:30 p.m.

 

The Senate was called to order at 1:30 p.m. by President Owen.


MOTION


    On motion of Senator Hale, Senators Benton and Wood were excused.



MESSAGE FROM THE HOUSE

March 6, 1998

MR. PRESIDENT:

    The House has passed SENATE BILL NO. 5622 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 82.08.02915 and 1997 c 386 s 56 are each amended to read as follows:

     The tax levied by RCW 82.08.020 shall not apply to sales to health or social welfare organizations, as defined in RCW 82.04.431, of items necessary for new construction of alternative housing for youth in crisis, so long as the facility will be a licensed agency under chapter 74.15 RCW, upon completion. ((This section shall expire July 1, 1999.))

     Sec. 2. RCW 82.12.02915 and 1997 c 386 s 57 are each amended to read as follows:

     The provisions of this chapter shall not apply in respect to the use of any item acquired by a health or social welfare organization, as defined in RCW 82.04.431, of items necessary for new construction of alternative housing for youth in crisis, so long as the facility will be a licensed agency under chapter 74.15 RCW, upon completion. ((This section shall expire July 1, 1999.))"

     Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    On motion of Senator West, the Senate concurred in the House amendment to Senate Bill No. 5622.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5622, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 5622, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

    Voting yea: Senators Anderson, Bauer, 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, Swecker, Thibaudeau, West, Wojahn and Zarelli - 45.                 Absent: Senator Winsley - 1.                 Excused: Senators Benton, Strannigan and Wood - 3.          SENATE BILL NO. 5622, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 5, 1998

MR. PRESIDENT:

    The House has passed ENGROSSED SENATE BILL NO. 6305 with the following amendment(s):

    On page 1, line 7, strike “Plan I” and insert “Provisions Applicable to Plan I and Plan II”

     On page 1, line 12, before "shall be" strike "general authority police officers", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    On motion of Senator Johnson, the Senate concurred in the House amendments to Engrossed Senate Bill No. 6305.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6305, as amended by the House.

ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6305, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

    Voting yea: Senators Anderson, Bauer, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Excused: Senators Benton, Strannigan and Wood - 3.          ENGROSSED SENATE BILL NO. 6305, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


    On motion of Senator Hale, Senator Rossi was excused.


MESSAGE FROM THE HOUSE

March 6, 1998

MR. PRESIDENT:

    The House has passed SENATE BILL NO. 6113 with the following amendment(s):

     On page 1, line 13, after "taxation." insert "If the real or personal property is leased, the benefit of the exemption shall inure to the nonprofit corporation or association."

     On page 1, after line 16, insert the following:

     "Sec. 2. RCW 84.36.805 and 1997 c 156 s 8 and 1997 c 143 s 3 are each reenacted and amended to read as follows:

     In order to be exempt pursuant to RCW 84.36.030, 84.36.035, 84.36.037, 84.36.040, 84.36.041, 84.36.043, 84.36.045, 84.36.047, 84.36.050, 84.36.060, 84.36.350, 84.36.480, 84.36.550, and 84.36.046, the nonprofit organizations, associations or corporations shall satisfy the following conditions:

     (1) The property is used exclusively for the actual operation of the activity for which exemption is granted, unless otherwise provided, and does not exceed an amount reasonably necessary for that purpose, except:

     (a) The loan or rental of the property does not subject the property to tax if:

     (i) The rents and donations received for the use of the portion of the property are reasonable and do not exceed the maintenance and operation expenses attributable to the portion of the property loaned or rented; and

     (ii) Except for the exemptions under RCW 84.36.030(4) and 84.36.037, the property would be exempt from tax if owned by the organization to which it is loaned or rented;

     (b) The use of the property for fund-raising activities does not subject the property to tax if the fund-raising activities are consistent with the purposes for which the exemption is granted;

     (2) The property is irrevocably dedicated to the purpose for which exemption has been granted, and on the liquidation, dissolution, or abandonment by said organization, association, or corporation, said property will not inure directly or indirectly to the benefit of any shareholder or individual, except a nonprofit organization, association, or corporation which too would be entitled to property tax exemption. This property need not be irrevocably dedicated if it is leased or rented to those qualified for exemption pursuant to RCW 84.36.035, 84.36.040, 84.36.041, 84.36.043, 84.36.045, or 84.36.046 or those qualified for exemption as an association engaged in the production or performance of musical, dance, artistic, dramatic, or literary works pursuant to RCW 84.36.060, but only if under the terms of the lease or rental agreement the nonprofit organization, association, or corporation receives the benefit of the exemption;

     (3) The facilities and services are available to all regardless of race, color, national origin or ancestry;

     (4) The organization, association, or corporation is duly licensed or certified where such licensing or certification is required by law or regulation;

     (5) Property sold to organizations, associations, or corporations with an option to be repurchased by the seller shall not qualify for exempt status;

     (6) The director of the department of revenue shall have access to its books in order to determine whether such organization, association, or corporation is exempt from taxes within the intent of RCW 84.36.030, 84.36.035, 84.36.037, 84.36.040, 84.36.041, 84.36.043, 84.36.045, 84.36.047, 84.36.050, 84.36.060, 84.36.350, 84.36.480, and 84.36.046."

     Renumber the remaining sections consecutively and correct internal references accordingly., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    On motion of Senator Deccio, the Senate concurred in the House amendments to Senate Bill No. 6113.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6113, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6113, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

    Voting yea: Senators Anderson, Bauer, 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, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.                 Excused: Senators Benton, Rossi, Strannigan and Wood - 4.               SENATE BILL NO. 6113, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 4, 1998

MR. PRESIDENT:

    The House has passed SUBSTITUTE SENATE BILL NO. 6474 with the following amendment(s):

    Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. (1) The legislature intends to strengthen the state's fertilizer adulteration laws to protect human health and the environment by:

     (a) Ensuring that all fertilizers meet standards for allowable metals;

     (b) Allowing fertilizer purchasers and users to know about the contents of fertilizer products; and

     (c) Clarifying the department of ecology's oversight authority over waste-derived fertilizers.

     (2) The legislature intends to provide better information to the public on fertilizers, soils, and potential health effects by authorizing additional studies on plant uptake of metals and levels of dioxins in soils and products.

     Sec. 2. RCW 15.54.270 and 1997 c 427 s 1 are each amended to read as follows:

     Terms used in this chapter have the meaning given to them in this chapter unless the context clearly indicates otherwise.

     (1) "Brand" means a term, design, or trademark used in connection with the distribution and sale of one or more grades of commercial fertilizers.

     (2) "Bulk fertilizer" means commercial fertilizer distributed in a ((nonpackage)) nonpackaged form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, and railcars.

     (3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate.

     (4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures((, and a material approved under RCW 70.95.830)). It does not include unmanipulated animal and vegetable manures, organic waste-derived material, and other products exempted by the department by rule.

     (5) "Composting" means the controlled aerobic degradation of organic waste materials. Natural decay of organic waste under uncontrolled conditions is not composting.

     (6) "Customer-formula fertilizer" means a mixture of commercial fertilizer or materials of which each batch is mixed according to the specifications of the final purchaser.

     (((6))) (7) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.

     (((7))) (8) "Director" means the director of the department of agriculture.

     (((8))) (9) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, exchange, or otherwise supply commercial fertilizer in this state.

     (((9))) (10) "Distributor" means a person who distributes.

     (((10))) (11) "Fertilizer material" means a commercial fertilizer that either:

     (a) Contains important quantities of no more than one of the primary plant nutrients: Nitrogen, phosphate, and potash;

     (b) Has eighty-five percent or more of its plant nutrient content present in the form of a single chemical compound; or

     (c) Is derived from a plant or animal residue or byproduct or natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.

     (12) "Grade" means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the "guaranteed analysis," unless otherwise allowed by a rule adopted by the department. Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.

     (((11))) (13) "Guaranteed analysis."

     (a) Until the director prescribes an alternative form of "guaranteed analysis" by rule the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form:

Total nitrogen (N) . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  percent

Available phosphoric acid (P205). .. . . . . . . . . . . . . . . . . . . . . . . .  percent

Soluble potash (K20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  percent

     The percentage shall be stated in whole numbers unless otherwise allowed by the department by rule.

     The "guaranteed analysis" may also include elemental guarantees for phosphorus (P) and potassium (K).

     (b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid or degree of fineness may also be guaranteed.

     (c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium shall be as allowed or required by rule of the department. The guarantees for such other nutrients shall be expressed in the form of the element.

     (d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists; and the minimum percentage of material that will pass respectively a one hundred mesh, sixty mesh, and ten mesh sieve. The mesh size declaration may also include the percentage of material that will pass additional mesh sizes.

     (e) In commercial fertilizer, the principal constituent of which is calcium sulfate (gypsum), the percentage of calcium sulfate (CaS04.2H20) shall be given along with the percentage of total sulfur.

     (((f) The guaranteed analysis for a material approved under RCW 70.95.830 and to be used as a soil amendment shall include the name and percentage of each soil amending ingredient and the total percentage of all other ingredients.

     (12))) (14) "Imported fertilizer" means any fertilizer distributed into Washington from any other state, province, or country.

     (15) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.

     (((13))) (16) "Labeling" includes all written, printed, or graphic matter, upon or accompanying a commercial fertilizer, or advertisement, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer.

     (((14))) (17) "Licensee" means the person who receives a license to distribute a commercial fertilizer under the provisions of this chapter.

     (((15))) (18) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or magnesium carbonate, hydroxide, or oxide, singly or combined.

     (((16))) (19) "Manipulation" means processed or treated in any manner, including drying to a moisture content less than thirty percent.

     (((17))) (20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials.

     (((18))) (21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron; manganese; molybdenum; sodium; and zinc.

     (22) "Micronutrient fertilizer" means a produced or imported commercial fertilizer that contains commercially valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorus, potash, calcium, magnesium, or sulfur.

     (23) "Official sample" means a sample of commercial fertilizer taken by the department and designated as "official" by the department.

     (((19))) (24) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids.

     (25) "Packaged fertilizer" means commercial fertilizers, either agricultural or specialty, distributed in nonbulk form.

     (((20))) (26) "Person" means an individual, firm, brokerage, partnership, corporation, company, society, or association.

     (((21))) (27) "Percent" or "percentage" means the percentage by weight.

     (((22))) (28) "Produce" means to compound or fabricate a commercial fertilizer through a physical or chemical process, or through mining. "Produce" does not include mixing, blending, or repackaging commercial fertilizer products.

     (29) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter.

     (((23))) (30) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.

     (((24))) (31) "Ton" means the net weight of two thousand pounds avoirdupois.

     (((25))) (32) "Total nutrients" means the sum of the percentages of total nitrogen, available phosphoric acid, and soluble potash as guaranteed and as determined by analysis.

     (33) "Washington application rate" is calculated by using an averaging period of up to four consecutive years that incorporates agronomic rates that are representative of soil, crop rotation, and climatic conditions in Washington state.

     (34) "Waste-derived fertilizer" means a commercial fertilizer that is derived in whole or in part from solid waste as defined in chapter 70.95 or 70.105 RCW, or rules adopted thereunder, but does not include fertilizers derived from biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.

     Sec. 3. RCW 15.54.275 and 1993 c 183 s 2 are each amended to read as follows:

     (1) No person may distribute a ((commercial)) bulk fertilizer in this state((, except packaged fertilizers,)) until a license to distribute has been obtained by that person. An annual license is required for each out-of-state or in-state location that distributes ((nonpackaged commercial)) bulk fertilizer in Washington state. An application for each location shall be filed on forms provided by the master license system and shall be accompanied by an annual fee of twenty-five dollars per location. The license shall expire on the master license expiration date.

     (2) An application for license shall include the following:

     (a) The name and address of licensee.

     (b) Any other information required by the department by rule.

     (3) The name and address shown on the license shall be shown on all labels, pertinent invoices, and storage facilities for fertilizer distributed by the licensee in this state.

     (4) If an application for license renewal provided for in this section is not filed prior to (([the])) the master license expiration date, a delinquency fee of twenty-five dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued. The assessment of this delinquency fee shall not prevent the department from taking any other action as provided for in this chapter. The penalty shall not apply if the applicant furnishes an affidavit that he or she has not distributed this commercial fertilizer subsequent to the expiration of his or her prior license.

     Sec. 4. RCW 15.54.325 and 1993 c 183 s 3 are each amended to read as follows:

     (1) No person may distribute in this state a ((packaged)) commercial fertilizer until it ((is)) has been registered with the department by the ((distributor whose name appears on the label)) producer, importer, or packager of that product. A bulk fertilizer does not require registration if all commercial fertilizer products contained in the final product are registered.

     (2) An application for ((each packaged fertilizer product)) registration shall be made on a form furnished by the department and shall be accompanied by ((an initial)) a fee of twenty-five dollars for ((the first)) each product ((and ten dollars for each additional product)). Labels for each product shall accompany the application. All companies planning to mix ((packaged)) customer-formula fertilizers shall include the statement "customer-formula grade mixes" under the column headed "product name" on the product registration application form. All customer-formula fertilizers sold under one brand name shall be considered one product. ((Upon the approval of an application by the department, a copy of the registration shall be furnished to the applicant. All registrations expire on June 30th of each year except that for the period beginning January 1, 1994, the registration shall expire on June 30, 1995.

     (2))) (3) An application for registration shall include the following:

     (a) The product name;

     (b) The brand and grade;

     (c) The guaranteed analysis;

     (d) Name ((and)), address, and phone number of the registrant;

     (e) Labels for each product being registered;

     (f) Identification of those products that are (i) waste-derived fertilizers, (ii) micronutrient fertilizers, or (iii) fertilizer materials containing phosphate;

     (g) Identification of the fertilizer components in the commercial fertilizer product and verification that all the components are registered. If any of the components are not registered, then the application must include the concentration of each metal in each fertilizer component, for which standards are established under RCW 15.54.800;

     (h) Waste-derived fertilizers and micronutrient fertilizers shall include at a minimum, information to ensure the product complies with chapter 70.105 RCW and the resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.; and

     (i) Any other information required by the department by rule.

     (((3))) (4) If an application for renewal of the product registration provided for in this section is not filed prior to July 1st of any one year, a penalty of ten dollars per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration shall be issued. The assessment of this late collection fee shall not prevent the department from taking any other action as provided for in this chapter. The penalty shall not apply if the applicant furnishes an affidavit that he or she has not distributed this commercial fertilizer subsequent to the expiration of his or her prior registration.

     Sec. 5. RCW 15.54.330 and 1993 c 183 s 4 are each amended to read as follows:

     (1) The department shall examine the ((packaged)) commercial fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application and appropriate labels are in proper form and contain the required information, the particular ((packaged)) commercial fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant. All registrations expire June 30th of each year.

     (2) In reviewing the ((packaged)) commercial fertilizer product registration application, the department may consider experimental data, manufacturers' evaluations, data from agricultural experiment stations, product review evaluations, or other authoritative sources to substantiate labeling claims. The data shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in the northwestern area of the United States.

     (3) In determining whether approval of a labeling statement or guarantee of an ingredient is appropriate, the department may require the submission of a written statement describing the methodology of laboratory analysis utilized, the source of the ingredient material, and any reference material relied upon to support the label statement or guarantee of ingredient.

     (4) Before registering a waste-derived fertilizer or micronutrient fertilizer, the department shall obtain written approval from the department of ecology as provided in RCW 15.54.800. Once a waste-derived fertilizer or micronutrient fertilizer has been approved by the department of ecology, its subsequent use in another product during that registration cycle shall not require department of ecology review. This subsection shall apply to new and renewal registration applications for periods beginning July 1, 1999, and thereafter.

     Sec. 6. RCW 15.54.340 and 1993 c 183 s 5 are each amended to read as follows:

     (1) Any ((packaged)) commercial fertilizer distributed in this state ((in containers)) shall have placed on or affixed to the package a label setting forth in clearly legible and conspicuous form the following information:

     (a) The net weight;

     (b) The product name, brand, and grade. The grade is not required if no primary nutrients are claimed;

     (c) The guaranteed analysis;

     (d) The name and address of the registrant or licensee. The name and address of the manufacturer, if different from the registrant or licensee, may also be stated; ((and))

     (e) Any information required under WAC 296-62-054;

     (f) At a minimum the following labeling statement: "This product has been registered with the Washington State Department of Agriculture. When applied as directed, this fertilizer meets the Washington standards for arsenic, cadmium, cobalt, mercury, molybdenum, lead, nickel, selenium, and zinc. You have the right to receive specific information about Washington standards from the distributor of this product.";

     (g) After July 1, 1999, the label must also state: "Information received by the Washington State Department of Agriculture regarding the components in this product is available on the internet at http://www.wa.gov/agr/."; and

     (h) Other information as required by the department by rule.

     (2) If a commercial fertilizer is distributed in bulk, a written or printed statement of the information required by subsection (1) ((above)) of this section shall accompany delivery and be supplied to the purchaser at the time of delivery.

     (3) Each delivery of a customer-formula fertilizer shall be subject to containing those ingredients specified by the purchaser, which ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant or licensee for a period of twelve months and shall be available to the department upon request: PROVIDED, That each such delivery shall be accompanied by either a statement, invoice, a delivery slip, or a label if bagged, containing the following information: The net weight; the brand; the guaranteed analysis which may be stated to the nearest tenth of a percent or to the next lower whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of the purchaser.

     (4) Any person who distributes a commercial fertilizer in this state shall make available to the purchaser on request, a copy of standards for metals established in RCW 15.54.800.

     Sec. 7. RCW 15.54.380 and 1993 c 183 s 9 are each amended to read as follows:

     (1) If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis in any one plant nutrient or in total nutrients, penalty shall be assessed in favor of the department in accordance with the following provisions:

     (a) A penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than two percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed up to and including ten percent; a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than three percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed from ten and one-tenth percent to twenty percent; a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than four percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed twenty and one-tenth percent and above.

     (b) A penalty of three times the commercial value of the total nutrient deficiency shall be assessed when such deficiency is more than two percent under the calculated total nutrient guarantee.

     (c) When a commercial fertilizer is subject to penalty under both (a) and (b) ((above)) of this subsection, only the larger penalty shall be assessed.

     (2) All penalties assessed under this section on any one commercial fertilizer, represented by the sample analyzed, shall be paid to the department within three months after the date of notice from the department to the registrant or licensee. The department shall deposit the amount of the penalty into ((the fertilizer, agricultural mineral and lime account)) an account with the agricultural local fund.

     (3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) ((above)) of this section.

     (4) The civil penalties payable in subsections (1) and (2) ((above)) of this section shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant or licensee paying said civil penalties.

     Sec. 8. RCW 15.54.414 and 1993 c 183 s 10 are each amended to read as follows:

     No person may distribute an adulterated commercial fertilizer. A commercial fertilizer is adulterated:

     (1) If it contains any deleterious or harmful ((ingredient)) substance in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life are not shown upon the label;

     (2) If its composition falls below or differs from that which it is purported to possess by its labeling; ((or))

     (3) If it contains unwanted viable seed; or

     (4) If the concentration of any nonnutritive constituent in a representative sample of commercial fertilizer exceeds the maximum concentration stated on the registration application or on the label.

     Sec. 9. RCW 15.54.420 and 1993 c 183 s 11 are each amended to read as follows:

     It shall be unlawful for any person to:

     (1) Distribute an adulterated or misbranded commercial fertilizer;

     (2) Fail, refuse, or neglect to place upon or attach to each package of distributed commercial fertilizer a label containing all of the information required by this chapter;

     (3) Fail, refuse, or neglect to deliver to a purchaser of bulk commercial fertilizer a statement containing the information required by this chapter;

     (4) Distribute a ((packaged)) commercial fertilizer product which has not been registered with the department;

     (5) Distribute bulk fertilizer without holding a license to do so;

     (6) ((Distribute unregistered packaged fertilizer. It is the responsibility of the person who manufactures or subsequently packages that fertilizer to register it prior to distribution in this state;

     (7))) Refuse or neglect to keep and maintain records, or to make reports when and as required; or

     (((8))) (7) Make false or fraudulent applications, records, invoices, or reports.

     Sec. 10. RCW 15.54.436 and 1993 c 183 s 12 are each amended to read as follows:

     The department may cancel the license to distribute commercial fertilizer or registration of any ((packaged)) commercial fertilizer product or refuse to license a distributor or register any ((packaged)) commercial fertilizer product as provided in this chapter due to:

     (1) An incomplete or insufficient license or registration application;

     (2) The misbranding or adulteration of a commercial fertilizer; or

     (3) A violation of this chapter or rules adopted under this chapter.

     If the department cancels or refuses to renew an existing license or registration due to the misbranding or adulteration of a commercial fertilizer or due to a violation of this chapter or a rule adopted hereunder, the licensee/registrant or applicant may request a hearing as provided for in chapter 34.05 RCW.

     Sec. 11. RCW 15.54.470 and 1993 c 183 s 13 are each amended to read as follows:

     (1) Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and the fines collected shall be disposed of as provided under RCW 15.54.480.

     (2) Nothing in this chapter shall be considered as requiring the department to report for prosecution or to cancel the registration of a ((packaged)) commercial fertilizer product or to stop the sale of fertilizers for violations of this chapter, when violations are of a minor character, and/or when the department believes that the public interest will be served and protected by a suitable notice of the violation in writing.

     (3) It shall be the duty of each prosecuting attorney to whom any violation of this chapter is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation of this chapter for such prosecution, an opportunity shall be given the distributor to present his or her view in writing or orally to the department.

     (4) The department is hereby authorized to apply for, and the court authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule adopted under this chapter, notwithstanding the existence of any other remedy at law. Any such injunction shall be issued without bond.

     Sec. 12. RCW 15.54.474 and 1987 c 45 s 10 are each amended to read as follows:

     Every person who fails to comply with this chapter, or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more than ((one)) seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every person, who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this chapter and may be subject to the penalty provided for in this section.

     Sec. 13. RCW 15.54.480 and 1988 c 254 s 3 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, all moneys collected under the provisions of this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter. ((Any residual balance remaining in the fertilizer, agricultural mineral and lime fund on June 9, 1988, shall be transferred to that account within the agricultural local fund.))

     (2) Moneys collected under RCW 15.54.474 shall be deposited in the general fund.

     NEW SECTION. Sec. 14. The department of agriculture shall conduct a comprehensive study of plant uptake of metals. The department shall work cooperatively with the department of ecology and the department of health to interpret the study results regarding potential impacts to public and environmental health. A report of the results of the study shall be submitted to appropriate committees of the legislature by December 31, 2000.

     Sec. 15. RCW 15.54.800 and 1997 c 427 s 3 are each amended to read as follows:

     (1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter 34.05 RCW apply to this chapter in the adoption of rules.

     (2) The director may adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

     (a) Definitions of terms;

     (b) Determining standards for labeling and registration of commercial fertilizers;

     (c) The collection and examination of commercial fertilizers;

     (d) Recordkeeping by registrants and licensees;

     (e) Regulation of the use and disposal of commercial fertilizers for the protection of ground water and surface water; and

     (f) The safe handling, transportation, storage, display, and distribution of commercial fertilizers.

     (3)(a) Standards are established for allowable levels of nonnutritive substances in commercial fertilizers. These standards are Canadian figures for agricultural and agri-food Canadian maximum acceptable cumulative metal additions to soil established under Trade Memorandum T-4-93 dated August 1996. Washington application rates shall be used to ensure that the maximum acceptable cumulative metal additions to soil are not exceeded.

     (b) If federal or other risk-based standards are adopted or scientific peer-reviewed studies show that the standards adopted in this section are not at the appropriate level to protect human health or the environment, the department, in consultation with the departments of ecology and health, may initiate a rule making to amend these standards.

     NEW SECTION. Sec. 16. A new section is added to chapter 15.54 RCW to read as follows:

     (1) After receipt from the department of the completed application required by RCW 15.54.325, the department of ecology shall evaluate whether the use of the proposed waste-derived fertilizer or the micronutrient fertilizer as defined in RCW 15.54.270 is consistent with the following:

     (a) Chapter 70.95 RCW, the solid waste management act;

     (b) Chapter 70.105 RCW, the hazardous waste management act; and

     (c) 42 U.S.C. Sec. 6901 et seq., the resource conservation and recovery act.

     (2) The department of ecology shall apply the standards adopted in RCW 15.54.800. If more stringent standards apply under chapter 173-303 WAC for the same constituents, the department of ecology must use the more stringent standards.

     (3) Within sixty days of receiving the completed application, the department of ecology shall advise the department as to whether the application complies with the requirements of subsections (1) and (2) of this section. In making a determination, the department of ecology shall consult with the department of health and the department of labor and industries.

     (4) A party aggrieved by a decision of the department of ecology to issue a written approval under this section or to deny the issuance of such an approval may appeal the decision to the pollution control hearings board within thirty days of the decision. Review of such a decision shall be conducted in accordance with chapter 43.21B RCW. Any subsequent appeal of a decision of the hearings board shall be obtained in accordance with RCW 43.21B.180.

     Sec. 17. RCW 70.95.030 and 1997 c 213 s 1 are each amended to read as follows:

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

     (1) "City" means every incorporated city and town.

     (2) "Commission" means the utilities and transportation commission.

     (3) "Committee" means the state solid waste advisory committee.

     (4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.

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

     (((5))) (6) "Director" means the director of the department of ecology.

     (((6))) (7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

     (((7))) (8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

     (((8))) (9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

     (((9))) (10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

     (((10))) (11) "Jurisdictional health department" means city, county, city-county, or district public health department.

     (((11))) (12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

     (((12))) (13) "Local government" means a city, town, or county.

     (((13))) (14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.

     (((14))) (15) "Multiple family residence" means any structure housing two or more dwelling units.

     (((15))) (16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

     (((16))) (17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

     (((17))) (18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

     (((18))) (19) "Residence" means the regular dwelling place of an individual or individuals.

     (((19))) (20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

     (((20))) (21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.

     (22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

     (((21))) (23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

     (((22))) (24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

     (((23))) (25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

     (((24))) (26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.

     (27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

     NEW SECTION. Sec. 18. A new section is added to chapter 70.95 RCW to read as follows:

     (1) Waste-derived soil amendments that meet the standards and criteria in this section may apply for exemption from solid waste permitting as required under RCW 70.95.170. The application shall be submitted to the department in a format determined by the department or an equivalent format. The application shall include:

     (a) Analytical data showing that the waste-derived soil amendments meet standards established under RCW 15.54.800; and

     (b) Other information deemed appropriate by the department to protect human health and the environment.

     (2) After receipt of an application, the department shall review it to determine whether the application is complete, and forward a copy of the complete application to all interested jurisdictional health departments for review and comment. Within forty-five days, the jurisdictional health departments shall forward their comments and any other information they deem relevant to the department, which shall then give final approval or disapproval of the application. Every complete application shall be approved or disapproved by the department within ninety days after receipt.

     (3) The department, after providing opportunity for comments from the jurisdictional health departments, may at any time revoke an exemption granted under this section if the quality or use of the waste-derived soil amendment changes or the management, storage, or end use of the waste-derived soil amendment constitutes a threat to human health or the environment.

     (4) Any aggrieved party may appeal the determination by the department in subsection (2) or (3) of this section to the pollution control hearings board.

     Sec. 19. RCW 70.95.240 and 1997 c 427 s 4 are each amended to read as follows:

     (1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section ((shall)) does not:

     (a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance; ((or))

     (b) ((Apply to a person using a material or materials on the land as commercial fertilizer if (i) the department of ecology has issued written approval for the use of the material or materials as commercial fertilizer as provided in RCW 70.95.830, (ii) the registration of the material or materials as a packaged commercial fertilizer has not been canceled under RCW 15.54.335, and (iii) the distribution of the material or materials as a commercial fertilizer has not been prohibited by the department of agriculture under RCW 15.54.335)) Apply to a person using a waste-derived soil amendment that has been approved by the department under section 18 of this act; or

     (c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

     (2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

     (b) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

     NEW SECTION. Sec. 20. The department of ecology, in conjunction with the departments of agriculture and health, shall undertake a study of whether dioxins occur in fertilizers, soil amendments, and soils and if so, at what levels. The department of ecology shall seek additional financial and technical assistance from appropriate federal agencies, the fertilizer industry, and other appropriate sources in conducting this study. The department of ecology shall report its findings to the legislature in November 1998.

     NEW SECTION. Sec. 21. A new section is added to chapter 15.54 RCW to read as follows:

     (1) The department shall expand its fertilizer data base to include additional information required for registration under RCW 15.54.325 and 15.54.330.

     (2) Except for confidential information under RCW 15.54.362 regarding fertilizer tonnages distributed in the state, information in the fertilizer data base shall be made available to the public upon request.

     (3) The department, and the department of ecology in consultation with the department of health, shall biennially prepare a report to the legislature presenting information on levels of nonnutritive substances in fertilizers. Results from agency testing of products that were sampled shall also be displayed. The first such report will be provided to the legislature by December 1, 1999.

     (4) After July 1, 1999, the department shall post on the internet the information contained in applications for fertilizer registration.

     Sec. 22. RCW 43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:

     (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, ((the administrator of the office of marine safety,)) and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

     (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.

     (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, and 90.48.120.

     (c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.

     (d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

     (e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

     (f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under section 16 of this act, and decisions of the department regarding waste-derived soil amendments under section 18 of this act.

     (g) Any other decision by the department((, the administrator of the office of marine safety,)) or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

     (2) The following hearings shall not be conducted by the hearings board:

     (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

     (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

     (c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.

     (d) Hearings conducted by the department to adopt, modify, or repeal rules.

     (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

     NEW SECTION. Sec. 23. The following acts or parts of acts are each repealed:

     (1) RCW 15.54.335 and 1997 c 427 s 2; and

     (2) RCW 70.95.830 and 1997 c 427 s 5.

     NEW SECTION. Sec. 24. This act may be known and cited as the fertilizer regulation act.

     NEW SECTION. Sec. 25. 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."

     On page 1, line 1 of the title, after "regulation;" strike the remainder of the title and insert "amending RCW 15.54.270, 15.54.275, 15.54.325, 15.54.330, 15.54.340, 15.54.380, 15.54.414, 15.54.420, 15.54.436, 15.54.470, 15.54.474, 15.54.480, 15.54.800, 70.95.030, 70.95.240, and 43.21B.110; adding new sections to chapter 15.54 RCW; adding a new section to chapter 70.95 RCW; creating new sections; repealing RCW 15.54.335 and 70.95.830; and prescribing penalties.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    Senator Morton moved that the Senate concur in the House amendments to Substitute Senate Bill No. 6474.

    Debate ensued. 

    The President declared the question before the Senate to be the motion by Senator Morton that the Senate concur in the House amendments to Substitute Senate Bill No. 6474.

    The motion by Senator Morton carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 6474.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6474, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6474, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 11; Absent, 0; Excused, 3.

    Voting yea: Senators Anderson, Bauer, Deccio, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wojahn and Zarelli - 35.         Voting nay: Senators Brown, Fairley, Finkbeiner, Fraser, Heavey, Kline, Kohl, McAuliffe, Patterson, Spanel and Thibaudeau - 11.    Excused: Senators Benton, Rossi and Wood - 3.

    SUBSTITUTE SENATE BILL NO. 6474 as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 6, 1998

MR. PRESIDENT:

    The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6328 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. PURPOSE. The legislature finds that merger of the departments of fisheries and wildlife resulted in two criminal codes applicable to fish and wildlife, and that it has become increasingly difficult to administer and enforce the two criminal codes. Furthermore, laws defining crimes involving fish and wildlife have evolved over many years of changing uses and management objectives for fish and wildlife. The resulting two codes make it difficult for citizens to comply with the law and unnecessarily complicate enforcement of laws against violators.

     The legislature intends by chapter . . ., Laws of 1998 (this act) to revise and recodify the criminal laws governing fish and wildlife, ensuring that all people involved with fish and wildlife are able to know and understand the requirements of the laws and the risks of violation. Additionally, the legislature intends to create a more uniform approach to criminal laws governing fish and wildlife and to the laws authorizing prosecution, sentencing, and punishments, including defining new crimes and repealing crimes that are redundant to other provisions of the criminal code.

     Chapter . . ., Laws of 1998 (this act) is not intended to alter existing powers of the commission or the director to adopt rules or exercise powers over fish and wildlife. In some places reference is made to violation of department rules, but this is intended to conform with current powers of the commission, director, or both, to adopt rules governing fish and wildlife activities.

     NEW SECTION. Sec. 2. EXEMPTION FOR DEPARTMENT ACTIONS. A person is not guilty of a crime under this chapter if the person is an officer, employee, or agent of the department lawfully acting in the course of his or her authorized duties.

     NEW SECTION. Sec. 3. AUTHORITY TO DEFINE VIOLATION OF A RULE AS AN INFRACTION. If the commission or director has authority to adopt a rule that is punishable as a crime under this chapter, then the commission or director may provide that violation of the rule shall be punished with notice of infraction under RCW 7.84.030.

     NEW SECTION. Sec. 4. SEPARATE OFFENSES FOR EACH BIG GAME, PROTECTED, OR ENDANGERED ANIMAL. Where it is unlawful to hunt, take, kill, fish, or possess big game or protected or endangered fish or wildlife, then each individual animal unlawfully killed, taken, or possessed is a separate offense.

     NEW SECTION. Sec. 5. JURISDICTION. District courts have jurisdiction concurrent with superior courts for misdemeanors and gross misdemeanors committed in violation of this chapter and may impose the punishment provided for these offenses. Superior courts have jurisdiction over felonies committed in violation of this chapter. Venue for offenses occurring in off-shore waters shall be in a county bordering on the Pacific Ocean, or the county where fish or wildlife from the offense are landed.

     NEW SECTION. Sec. 6. CONVICTION IN A STATE OR MUNICIPAL COURT. Unless the context clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court or an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court. A plea of guilty, or a finding of guilt for a violation of this title or rule of the commission or director constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

     NEW SECTION. Sec. 7. REFERENCE TO CHAPTERS 7.84 AND 9A.20 RCW. Crimes defined by this chapter shall be punished as infractions, misdemeanors, gross misdemeanors, or felonies, based on the classification of crimes set out in chapters 7.84 and 9A.20 RCW.

     NEW SECTION. Sec. 8. ACTING FOR COMMERCIAL PURPOSES--VALUE OF FISH OR WILDLIFE--PROOF. (1) For purposes of this chapter, a person acts for commercial purposes if the person:

     (a) Acts with intent to sell, attempted to sell, sold, bartered, attempted to purchase, or purchased fish or wildlife;

     (b) Uses gear typical of that used in commercial fisheries;

     (c) Exceeds the bag or possession limits for personal use by taking or possessing more than three times the amount of fish or wildlife allowed;

     (d) Delivers or attempts to deliver fish or wildlife to a person who sells or resells fish or wildlife including any licensed or unlicensed wholesaler; or

     (e) Takes fish using a vessel designated on a commercial fishery license and gear not authorized in a personal use fishery.

     (2) For purposes of this chapter, the value of any fish or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish or wildlife including market price for farm-raised game animals. The value assigned to specific wildlife by RCW 77.21.070 may be presumed to be the value of such wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish or wildlife was taken in compliance with law if the fish or wildlife was unlawfully taken and had no lawful market value.

     NEW SECTION. Sec. 9. UNLAWFUL HUNTING OF GAME BIRDS. (1) A person is guilty of unlawful hunting of game birds in the second degree if the person:

     (a) Hunts a game bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;

     (b) Recklessly destroys, takes, or harms the eggs or nests of a game bird except when authorized by permit; or

     (c) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or other rule addressing the manner or method of hunting or possession of game birds.

     (2) A person is guilty of unlawful hunting of game birds in the first degree if the person hunts game birds and the person takes or possesses two times or more than the possession or bag limit for such game birds allowed by rule of the commission or director.

     (3)(a) Unlawful hunting of game birds in the second degree is a misdemeanor.

     (b) Unlawful hunting of game birds in the first degree is a gross misdemeanor.

     NEW SECTION. Sec. 10. UNLAWFUL HUNTING OF BIG GAME. (1) A person is guilty of unlawful hunting of big game in the second degree if the person:

     (a) Hunts big game and the person does not have and possess all licenses, tags, or permits required under this title; or

     (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game.

     (2) A person is guilty of unlawful hunting of big game in the first degree if the person was previously convicted of any crime under this title involving unlawful hunting, killing, possessing, or taking big game, and within five years of the date that the prior conviction was entered the person hunts for big game and:

     (a) The person does not have and possess all licenses, tags, or permits required under this title; or

     (b) The act was in violation of any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, or closed times.

     (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor.

     (b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all licenses or tags involved in the crime and the department shall order the person's hunting privileges suspended for two years.

     NEW SECTION. Sec. 11. UNLAWFUL HUNTING OF GAME ANIMALS. (1) A person is guilty of unlawful hunting of game animals in the second degree if the person:

     (a) Hunts a game animal that is not classified as big game, and does not have and possess all licenses, tags, or permits required by this title; or

     (b) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or other rule addressing the manner or method of hunting or possession of game animals not classified as big game.

     (2)(a) A person is guilty of unlawful hunting of game animals in the first degree if the person hunts a game animal that is not classified as big game; and

     (b) The person takes or possesses two times or more than the possession or bag limit for such game animals allowed by rule of the commission or director.

     (3)(a) Unlawful hunting of game animals in the second degree is a misdemeanor.

     (b) Unlawful hunting of game animals in the first degree is a gross misdemeanor.

     NEW SECTION. Sec. 12. WEAPONS, TRAPS, OR DOGS ON GAME RESERVES. (1) A person is guilty of unlawful use of weapons, traps, or dogs on game reserves if:

     (a) The person uses firearms, other hunting weapons, or traps on a game reserve; or

     (b) The person negligently allows a dog upon a game reserve.

     (2) This section does not apply to persons on a public highway or if the conduct is authorized by rule of the department.

     (3) This section does not apply to a person in possession of a handgun if the person in control of the handgun possesses a valid concealed pistol license and the handgun is concealed on the person.

     (4) Unlawful use of weapons, traps, or dogs on game reserves is a misdemeanor.

     NEW SECTION. Sec. 13. UNLAWFUL TAKING OF ENDANGERED FISH OR WILDLIFE. (1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, harasses, or kills fish or wildlife or destroys the nests or eggs of fish or wildlife and the fish or wildlife is designated by the commission as endangered, and the taking has not been authorized by rule of the commission.

     (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:

     (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the killing, possessing, harassing, or harming of endangered fish or wildlife; and

     (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.

     (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.

     (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title and Title 75 RCW to be suspended for two years.

     NEW SECTION. Sec. 14. UNLAWFUL TAKING OF PROTECTED FISH OR WILDLIFE. (1) A person is guilty of unlawful taking of protected fish or wildlife if:

     (a) The person hunts, fishes, possesses, or kills protected fish or wildlife, or the person possesses or destroys the eggs or nests of protected fish or wildlife, and the taking has not been authorized by rule of the commission; or

     (b) The person violates any rule of the commission regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife.

     (2) Unlawful taking of protected fish or wildlife is a misdemeanor.

     NEW SECTION. Sec. 15. UNLAWFUL TAKING OF UNCLASSIFIED FISH OR WILDLIFE. (1) A person is guilty of unlawful taking of unclassified fish or wildlife if:

     (a) The person kills, hunts, fishes, takes, holds, possesses, transports, injures, or harms fish or wildlife that is not classified as big game, game fish, game animals, game birds, food fish, shellfish, protected wildlife, or endangered wildlife; and

     (b) The act violates any rule of the commission or the director.

     (2) Unlawful taking of unclassified fish or wildlife is a misdemeanor.

     NEW SECTION. Sec. 16. UNLAWFUL USE OF POISON OR EXPLOSIVES. (1) A person is guilty of unlawful use of poison or explosives if:

     (a) The person lays out, sets out, or uses a drug, poison, or other deleterious substance that kills, injures, harms, or endangers fish or wildlife, except if the person is using the substance in compliance with federal and state laws and label instructions; or

     (b) The person lays out, sets out, or uses an explosive that kills, injures, harms, or endangers fish or wildlife, except if authorized by law or permit of the director.

     (2) Unlawful use of poison or explosives is a gross misdemeanor.

     NEW SECTION. Sec. 17. INFRACTION VIOLATION OF RULES GOVERNING FISH AND WILDLIFE. A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person:

     (1) Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 75.25.190 or 77.32.050, or required by rule of the commission under this title or Title 75 RCW; or

     (2) Fishes for personal use using barbed hooks in violation of any rule; or

     (3) Violates any other rule of the commission or director that is designated by rule as an infraction.

     NEW SECTION. Sec. 18. UNLAWFUL RECREATIONAL FISHING IN THE SECOND DEGREE. (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:

     (a) The person does not have and possess the license or the catch record card required by chapter 75.25 or 77.32 RCW for such activity; or

     (b) The action violates any rule of the commission or the director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in section 50 of this act.

     (2) Unlawful recreational fishing in the second degree is a misdemeanor.

     NEW SECTION. Sec. 19. UNLAWFUL RECREATIONAL FISHING IN THE FIRST DEGREE. (1) A person is guilty of unlawful recreational fishing in the first degree if:

     (a) The person takes, possesses, or retains two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken, possessed, or retained for noncommercial use;

     (b) The person fishes in a fishway; or

     (c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish in state waters, or possesses fish taken by such means, unless such means are authorized by express rule of the commission or director.

     (2) Unlawful recreational fishing in the first degree is a gross misdemeanor.

     NEW SECTION. Sec. 20. UNLAWFUL TAKING OF SEAWEED. (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:

     (a) The person does not have and possess the license required by chapter 75.25 RCW for taking seaweed; or

     (b) The action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.

     (2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.

     NEW SECTION. Sec. 21. WASTE OF FISH AND WILDLIFE. (1) A person is guilty of waste of fish and wildlife in the second degree if:

     (a) The person kills, takes, or possesses fish or wildlife and the value of the fish or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and

     (b) The person recklessly allows such fish or wildlife to be wasted.

     (2) A person is guilty of waste of fish and wildlife in the first degree if:

     (a) The person kills, takes, or possesses food fish, shellfish, game fish, game birds, or game animals having a value of two hundred fifty dollars or more; and

     (b) The person recklessly allows such fish or wildlife to be wasted.

     (3)(a) Waste of fish and wildlife in the second degree is a misdemeanor.

     (b) Waste of fish and wildlife in the first degree is a gross misdemeanor. Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife in the first degree for a period of one year.

     (4) It is prima facie evidence of waste if a processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish or shellfish are taken from the water, unless the food fish or shellfish are preserved in good marketable condition.

     NEW SECTION. Sec. 22. UNLAWFUL INTERFERENCE WITH FISHING OR HUNTING GEAR. (1) A person is guilty of unlawful interference with fishing or hunting gear in the second degree if the person:

     (a) Takes or releases a wild animal from another person's trap without permission;

     (b) Springs, pulls up, damages, possesses, or destroys another person's trap without the owner's permission; or

     (c) Interferes with recreational gear used to take fish or shellfish.

     (2) Unlawful interference with fishing or hunting gear in the second degree is a misdemeanor.

     (3) A person is guilty of unlawful interference with fishing or hunting gear in the first degree if the person:

     (a) Takes or releases food fish or shellfish from commercial fishing gear without the owner's permission; or

     (b) Intentionally destroys or interferes with commercial fishing gear.

     (4) Unlawful interference with fishing or hunting gear in the first degree is a gross misdemeanor.

     (5) A person is not in violation of unlawful interference with fishing or hunting gear if the person removes a trap placed on property owned, leased, or rented by the person.

     NEW SECTION. Sec. 23. FAILING TO IDENTIFY TRAPS FOR FURBEARING ANIMALS. (1) A person is guilty of failing to identify traps for furbearing animals if the person fails to attach to the person's traps or devices a legible metal tag with either the department identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.

     (2) Failing to identify traps for furbearing animals is a misdemeanor.

     NEW SECTION. Sec. 24. OBSTRUCTING THE TAKING OF FISH OR WILDLIFE. (1) A person is guilty of obstructing the taking of fish or wildlife if the person:

     (a) Harasses, drives, or disturbs fish or wildlife with the intent of disrupting lawful pursuit or taking thereof; or

     (b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.

     (2) Obstructing the taking of fish or wildlife is a gross misdemeanor.

     (3) It is an affirmative defense to a prosecution for obstructing the taking of fish or wildlife that the person charged was:

     (a) Interfering with a person engaged in hunting outside the legally established hunting season; or

     (b) Preventing or attempting to prevent unauthorized trespass on private property.

     (4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.

     NEW SECTION. Sec. 25. UNLAWFUL POSTING. (1) A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by the individual, or without the permission of the person who owns, leases, or controls the land posted.

     (2) Unlawful posting is a misdemeanor.

     NEW SECTION. Sec. 26. UNLAWFUL USE OF DEPARTMENT LANDS OR FACILITIES. (1) A person is guilty of unlawful use of department lands or facilities if the person enters upon, uses, or remains upon department lands or facilities in violation of any rule of the department.

     (2) Unlawful use of department lands or facilities is a misdemeanor.

     NEW SECTION. Sec. 27. SPOTLIGHTING BIG GAME. (1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight or other artificial light while in possession or control of a firearm, bow and arrow, or cross bow.

     (2) A person is guilty of spotlighting big game in the first degree if:

     (a) The person has any prior conviction for gross misdemeanor or felony for a crime under this title involving big game including but not limited to subsection (1) of this section or section 10 of this act; and

     (b) Within ten years of the date that such prior conviction was entered the person commits the act described by subsection (1) of this section.

     (3)(a) Spotlighting big game in the second degree is a gross misdemeanor.

     (b) Spotlighting big game in the first degree is a class C felony. Upon conviction, the department shall order suspension of all privileges to hunt wildlife for a period of two years.

     NEW SECTION. Sec. 28. UNLAWFUL USE OR POSSESSION OF A LOADED FIREARM. (1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

     (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle; and

     (b) The rifle or shotgun contains shells or cartridges in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

     (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

     (3) Unlawful possession of a loaded firearm in a motor vehicle is a misdemeanor.

     (4) This section does not apply if the person:

     (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

     (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

     NEW SECTION. Sec. 29. UNLAWFULLY AVOIDING WILDLIFE CHECK STATIONS OR FIELD INSPECTIONS. (1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to:

     (a) Obey check station signs;

     (b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer; or

     (c) Produce for inspection upon request by a fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title or Title 75 RCW.

     (2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor.

     (3) Wildlife check stations may not be established upon interstate highways or state routes.

     NEW SECTION. Sec. 30. UNLAWFUL USE OF DOGS--PUBLIC NUISANCE. (1) A person is guilty of unlawful use of dogs if the person:

     (a) Negligently fails to prevent a dog under the person's control from pursuing or injuring deer, elk, or an animal classified as endangered under this title;

     (b) Uses the dog to hunt deer or elk; or

     (c) During the closed season for a species of game animal or game bird, negligently fails to prevent the dog from pursuing such animal or destroying the nest of a game bird.

     (2) Unlawful use of dogs is a misdemeanor. A dog that is the basis for a violation of this section may be declared a public nuisance.

     NEW SECTION. Sec. 31. UNLAWFUL RELEASE OF FISH OR WILDLIFE. (1)(a) A person is guilty of unlawfully releasing, planting, or placing fish or wildlife if the person knowingly releases, plants, or places live fish, wildlife, or aquatic plants within the state, except for a release of game fish into private waters for which a game fish stocking permit has been obtained or the planting of food fish or shellfish by permit of the commission.

     (b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.

     (2)(a) A person is guilty of unlawful release of deleterious exotic wildlife if the person knowingly releases, plants, or places live fish or wildlife within the state and such fish or wildlife has been classified as deleterious exotic wildlife by rule of the commission.

     (b) A violation of this subsection is a class C felony. In addition, the department shall also order the person to pay all costs the department incurred in capturing, killing, or controlling the fish or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.

     NEW SECTION. Sec. 32. ENGAGING IN COMMERCIAL WILDLIFE ACTIVITY WITHOUT A LICENSE. (1) A person is guilty of engaging in commercial wildlife activity without a license if the person:

     (a) Deals in raw furs for commercial purposes and does not hold a fur dealer license required by chapter 77.32 RCW;

     (b) Practices taxidermy for profit and does not hold a taxidermy license required by chapter 77.32 RCW; or

     (c) Operates a game farm without a license required by chapter 77.32 RCW.

     (2) Engaging in commercial wildlife activities without a license is a gross misdemeanor.

     NEW SECTION. Sec. 33. UNLAWFUL USE OF A COMMERCIAL WILDLIFE LICENSE. (1) A person who holds a fur buyer's license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person:

     (a) Fails to have the license in possession while engaged in fur buying or practicing taxidermy for commercial purposes; or

     (b) Violates any rule of the department regarding the use, possession, display, or presentation of the taxidermy or fur buyer's license.

     (2) Unlawful use of a commercial wildlife license is a misdemeanor.

     NEW SECTION. Sec. 34. UNLAWFUL TRAPPING. (1) A person is guilty of unlawful trapping if the person:

     (a) Sets out traps that are capable of taking wild animals, game animals, or furbearing mammals and does not possess all licenses, tags, or permits required under this title; or

     (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals.

     (2) Unlawful trapping is a misdemeanor.

     NEW SECTION. Sec. 35. COMMERCIAL FISHING WITHOUT A LICENSE. (1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers food fish, shellfish, or game fish while acting for commercial purposes and:

     (a) The person does not hold a fishery license or delivery license under chapter 75.28 RCW for the food fish or shellfish; or

     (b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 75.28 RCW for the food fish or shellfish.

     (2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and:

     (a) The violation involves taking, delivery, or possession of food fish or shellfish with a value of two hundred fifty dollars or more; or

     (b) The violation involves taking, delivery, or possession of food fish or shellfish from an area that was closed to the taking of such food fish or shellfish by any statute or rule.

     (3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor.

     (b) Commercial fishing without a license in the first degree is a class C felony.

     NEW SECTION. Sec. 36. COMMERCIAL FISH GUIDING OR CHARTERING WITHOUT A LICENSE. (1) A person is guilty of commercial fish guiding or chartering without a license if:

     (a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken;

     (b) The person acts as a professional salmon guide and does not hold a professional salmon guide license; or

     (c) The person acts as a game fish guide and does not hold a professional game fish guide license.

     (2) Commercial fish guiding or chartering without a license is a gross misdemeanor.

     NEW SECTION. Sec. 37. COMMERCIAL FISHING USING UNLAWFUL GEAR OR METHODS. (1) A person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for any fish or shellfish using any gear or method in violation of a rule of the department specifying, regulating, or limiting the gear or method for taking, fishing, or harvesting of such fish or shellfish.

     (2) Commercial fishing using unlawful gear or methods is a gross misdemeanor.

     NEW SECTION. Sec. 38. UNLAWFUL USE OF A NONDESIGNATED VESSEL. (1) A person who holds a fishery license required by chapter 75.28 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 75.28 RCW, is guilty of unlawful use of a nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on the person's license, when vessel designation is required by chapter 75.28 RCW.

     (2) Unlawful use of a nondesignated vessel is a gross misdemeanor.

     (3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the commission, when a designated vessel is inoperative because of accidental damage or mechanical breakdown.

     (4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person's fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 75.28 RCW for a period of one year.

     NEW SECTION. Sec. 39. UNLAWFUL USE OF A COMMERCIAL FISHERY LICENSE. (1) A person who holds a fishery license required by chapter 75.28 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 75.28 RCW, is guilty of unlawful use of a commercial fishery license if the person:

     (a) Does not have the commercial fishery license or operator's license in possession during fishing or delivery; or

     (b) Violates any rule of the department regarding the use, possession, display, or presentation of the person's license, decals, or vessel numbers.

     (2) Unlawful use of a commercial fishery license is a misdemeanor.

     NEW SECTION. Sec. 40. VIOLATION OF COMMERCIAL FISHING AREA OR TIME. (1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, fishes for, delivers, or receives food fish or shellfish:

     (a) At a time not authorized by statute or rule; or

     (b) From an area that was closed to the taking of such food fish or shellfish for commercial purposes by statute or rule.

     (2) A person is guilty of violating commercial fishing area or time in the first degree if the person commits the act described by subsection (1) of this section and:

     (a) The person acted with knowledge that the area or time was not open to the taking or fishing of food fish or shellfish for commercial purposes; and

     (b) The violation involved two hundred fifty dollars or more worth of food fish or shellfish.

     (3)(a) Violating commercial fishing area or time in the second degree is a gross misdemeanor.

     (b) Violating commercial fishing area or time in the first degree is a class C felony.

     NEW SECTION. Sec. 41. FAILURE TO REPORT COMMERCIAL FISH HARVEST OR DELIVERY. (1) Except as provided in section 45 of this act, a person is guilty of failing to report a commercial fish or shellfish harvest or delivery if the person acts for commercial purposes and takes or delivers any fish or shellfish, and the person:

     (a) Fails to sign a fish-receiving ticket that documents the delivery of fish or shellfish or otherwise documents the taking or delivery; or

     (b) Fails to report or document the taking, landing, or delivery as required by any rule of the department.

     (2) Failing to report a commercial fish harvest or delivery is a gross misdemeanor.

     (3) For purposes of this section, "delivery" of fish or shellfish occurs when there is a transfer or conveyance of title or control from the person who took, fished for, or otherwise harvested the fish or shellfish.

     NEW SECTION. Sec. 42. UNLAWFUL TRAFFICKING IN FISH OR WILDLIFE. (1) A person is guilty of unlawful trafficking in fish or wildlife in the second degree if the person traffics in fish or wildlife with a wholesale value of less than two hundred fifty dollars and:

     (a) The fish or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or rule of the department; or

      (b) The fish or wildlife is unclassified and the trafficking violates any rule of the department.

     (2) A person is guilty of unlawful trafficking in fish or wildlife in the first degree if the person commits the act described by subsection (1) of this section and:

     (a) The fish or wildlife has a value of two hundred fifty dollars or more; or

     (b) The fish or wildlife is designated as endangered or deleterious exotic wildlife and such trafficking is not authorized by any statute or rule of the department.

     (3)(a) Unlawful trafficking in fish or wildlife in the second degree is a gross misdemeanor.

     (b) Unlawful trafficking in fish or wildlife in the first degree is a class C felony.

     NEW SECTION. Sec. 43. ENGAGING IN FISH DEALING ACTIVITY WITHOUT A LICENSE. (1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person:

     (a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer's license required by RCW 75.28.300(1) or 77.32.211 for anadromous game fish;

     (b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer's or buying license required by RCW 75.28.300(2) or 77.32.211 for anadromous game fish;

     (c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a wholesale dealer's license required by RCW 75.28.300(3) or 77.32.211 for anadromous game fish; or

     (d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish and does not hold a wholesale dealer's license required by RCW 75.28.300(4) or 77.32.211 for anadromous game fish.

     (2) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.

     (3) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves fish or shellfish worth two hundred fifty dollars or more. Engaging in fish dealing activity without a license in the first degree is a class C felony.

     NEW SECTION. Sec. 44. UNLAWFUL USE OF FISH BUYING AND DEALING LICENSES. (1) A person who holds a fish dealer's license required by RCW 75.28.300, an anadromous game fish buyer's license required by RCW 77.32.211, or a fish buyer's license required by RCW 75.28.340 is guilty of unlawful use of fish buying and dealing licenses in the second degree if the person:

     (a) Possesses or receives fish or shellfish for commercial purposes worth less than two hundred fifty dollars; and

     (b) Fails to document such fish or shellfish with a fish-receiving ticket required by statute or rule of the department.

     (2) A person is guilty of unlawful use of fish buying and dealing licenses in the first degree if the person commits the act described by subsection (1) of this section and:

     (a) The violation involves fish or shellfish worth two hundred fifty dollars or more;

     (b) The person acted with knowledge that the fish or shellfish were taken from a closed area, at a closed time, or by a person not licensed to take such fish or shellfish for commercial purposes; or

     (c) The person acted with knowledge that the fish or shellfish were taken in violation of any tribal law.

     (3)(a) Unlawful use of fish buying and dealing licenses in the second degree is a gross misdemeanor.

     (b) Unlawful use of fish buying and dealing licenses in the first degree is a class C felony. Upon conviction, the department shall suspend all privileges to engage in fish buying or dealing for two years.

     NEW SECTION. Sec. 45. VIOLATING RULES GOVERNING WHOLESALE FISH BUYING AND DEALING. (1) A person who holds a wholesale fish dealer's license required by RCW 75.28.300, an anadromous game fish buyer's license required by RCW 77.32.211, or a fish buyer's license required by RCW 75.28.340 is guilty of violating rules governing wholesale fish buying and dealing if the person:

     (a) Fails to possess or display his or her license when engaged in any act requiring the license;

     (b) Fails to display or uses the license in violation of any rule of the department;

     (c) Files a signed fish-receiving ticket but fails to provide all information required by rule of the department; or

     (d) Violates any other rule of the department regarding wholesale fish buying and dealing.

     (2) Violating rules governing wholesale fish buying and dealing is a gross misdemeanor.

     NEW SECTION. Sec. 46. PROVIDING FALSE INFORMATION REGARDING FISH OR WILDLIFE. (1) A person is guilty of providing false information regarding fish or wildlife if the person knowingly provides false or misleading information required by any statute or rule to be provided to the department regarding the taking, delivery, possession, transportation, sale, transfer, or any other use of fish or wildlife.

     (2) Providing false information regarding fish or wildlife is a gross misdemeanor.

     NEW SECTION. Sec. 47. VIOLATING RULES REQUIRING REPORTING OF FISH OR WILDLIFE HARVEST. (1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:

     (a) Fails to make a harvest log report of a commercial fish or shellfish catch in violation of any rule of the commission or the director;

     (b) Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;

     (c) Fails to submit any portion of a big game animal for a required inspection required by rule of the commission or the director; or

     (d) Fails to return a catch record card or wildlife harvest report to the department as required by rule of the commission or director.

     (2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor.

     NEW SECTION. Sec. 48. UNLAWFUL TRANSPORTATION OF FISH OR WILDLIFE. (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:

     (a) Knowingly imports, moves within the state, or exports fish or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish or wildlife having a value greater than two hundred fifty dollars; or

     (b) Possesses but fails to affix or notch a big game transport tag as required by rule of the commission or director.

     (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:

     (a) Knowingly imports, moves within the state, or exports fish or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish or wildlife with a value of two hundred fifty dollars or more; or

     (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.

     (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.

     (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.

     Sec. 49. RCW 75.12.320 and 1983 1st ex.s. c 46 s 63 are each amended to read as follows:

     (1) Except as provided in subsection (((2))) (3) of this section, it is unlawful for a person who is not a treaty Indian fisherman to participate in the taking of ((food)) fish or shellfish in a treaty Indian fishery, or to be on board a vessel, or associated equipment, operating in a treaty Indian fishery. A violation of this subsection is a gross misdemeanor.

     (2) A person who violates subsection (1) of this section with the intent of acting for commercial purposes, including any sale of catch, control of catch, profit from catch, or payment for fishing assistance, is guilty of a class C felony. Upon conviction, the department shall order revocation of any license and a one-year suspension of all commercial fishing privileges requiring a license under chapter 75.28 or 75.30 RCW.

     (3)(a) The spouse, forebears, siblings, children, and grandchildren of a treaty Indian fisherman may assist the fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.

     (b) Other treaty Indian fishermen with off-reservation treaty fishing rights in the same usual and accustomed places, whether or not the fishermen are members of the same tribe or another treaty tribe, may assist a treaty Indian fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.

     (c) Biologists approved by the department may be on board a vessel operating in a treaty Indian fishery.

     (((3))) (4) For the purposes of this section:

     (a) "Treaty Indian fisherman" means a person who may exercise treaty Indian fishing rights as determined under United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon 1969), and post-trial orders of those courts;

     (b) "Treaty Indian fishery" means a fishery open to only treaty Indian fishermen by tribal or federal regulation;

     (c) "To participate" and its derivatives mean an effort to operate a vessel or fishing equipment, provide immediate supervision in the operation of a vessel or fishing equipment, or otherwise assist in the fishing operation, ((or)) to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery.

     (((4))) (5) A violation of this section ((involving salmon)) constitutes illegal fishing and is subject to the ((sanctions provided under RCW 75.10.130)) suspensions provided for commercial fishing violations.

     NEW SECTION. Sec. 50. UNLAWFUL USE OF NETS TO TAKE FISH. (1) A person is guilty of unlawful use of a net to take fish in the second degree if the person:

     (a) Lays, sets, uses, or controls a net or other device or equipment capable of taking fish from the waters of this state, except if the person has a valid license for such fishing gear from the director under this title and is acting in accordance with all rules of the commission and director; or

     (b) Fails to return unauthorized fish to the water immediately while otherwise lawfully operating a net under a valid license.

     (2) A person is guilty of unlawful use of a net to take fish in the first degree if the person:

     (a) Commits the act described by subsection (1) of this section; and

     (b) The violation occurs within five years of entry of a prior conviction for a gross misdemeanor or felony under this title or Title 75 RCW involving fish, other than a recreational fishing violation, or involving unlawful use of nets.

     (3)(a) Unlawful use of a net to take fish in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any license held under this title or Title 75 RCW allowing commercial net fishing used in connection with the crime.

     (b) Unlawful use of a net to take fish in the first degree is a class C felony. Upon conviction, the department shall order a one-year suspension of all commercial fishing privileges requiring a license under this title or Title 75 RCW.

     (4) Notwithstanding subsections (1) and (2) of this section, it is lawful to use a landing net to land fish otherwise legally hooked.

     NEW SECTION. Sec. 51. UNLAWFUL USE OF COMMERCIAL FISHING VESSEL FOR RECREATIONAL OR CHARTER FISHING. (1) A person is guilty of unlawful use of a commercial fishing vessel, except as may be authorized by rule of the commission, for recreational or charter fishing if the person uses, operates, or controls a vessel on the same day for both:

     (a) Charter or recreational fishing; and

     (b) Commercial fishing or shellfish harvesting.

     (2) Unlawful use of a commercial fishing vessel for recreational or charter fishing is a gross misdemeanor.

     NEW SECTION. Sec. 52. UNLAWFUL HYDRAULIC PROJECT ACTIVITIES. (1) A person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and:

     (a) Fails to have a hydraulic project approval required under chapter 75.20 RCW for such construction or work; or

     (b) Violates any requirements or conditions of the hydraulic project approval for such construction or work.

     (2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.

     NEW SECTION. Sec. 53. UNLAWFUL FAILURE TO USE OR MAINTAIN APPROVED FISH GUARD ON WATER DIVERSION DEVICE. (1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:

     (a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by RCW 75.20.040 or 77.16.220; or

     (b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake.

     (2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.

     NEW SECTION. Sec. 54. UNLAWFUL FAILURE TO PROVIDE, MAINTAIN, OR OPERATE FISHWAY FOR DAM OR OTHER OBSTRUCTION. (1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and:

     (a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by RCW 75.20.060;

     (b) Fails to maintain a fishway in efficient operating condition; or

     (c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish.

     (2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense.

     NEW SECTION. Sec. 55. UNLAWFUL USE OF SCIENTIFIC PERMIT. (1) A person is guilty of unlawful use of a scientific permit if the person:

     (a) Violates any terms or conditions of a scientific permit issued by the director;

     (b) Buys or sells fish or wildlife taken with a scientific permit; or

     (c) Violates any rule of the commission or the director applicable to the issuance or use of scientific permits.

     (2) Unlawful use of a scientific permit is a gross misdemeanor.

     NEW SECTION. Sec. 56. UNLAWFUL HUNTING OR FISHING CONTESTS. (1) A person is guilty of unlawfully holding a hunting or fishing contest if the person:

     (a) Conducts, holds, or sponsors a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife without the permit required by RCW 77.32.211; or

     (b) Violates any rule of the commission or the director applicable to a hunting contest, fishing contest involving game fish, or a competitive field trial using live wildlife.

     (2) Unlawfully holding a hunting or fishing contest is a misdemeanor.

     NEW SECTION. Sec. 57. UNLAWFUL OPERATION OF A GAME FARM. (1) A person is guilty of unlawful operation of a game farm if the person (a) operates a game farm without the license required by RCW 77.32.211; or (b) violates any rule of the commission or the director applicable to game farms under RCW 77.12.570, 77.12.580, and 77.12.590.

     (2) Unlawful operation of a game farm is a gross misdemeanor.

     NEW SECTION. Sec. 58. VIOLATION OF A RULE REGARDING INSPECTION AND CONTROL OF AQUATIC FARMS. (1) A person is guilty of violating a rule regarding inspection and disease control of aquatic farms if the person:

     (a) Violates any rule adopted under chapter 75.58 RCW regarding the inspection and disease control program for an aquatic farm; or

     (b) Fails to register or report production from an aquatic farm as required by chapter 75.58 RCW.

     (2) A violation of a rule regarding inspection and disease control of aquatic farms is a misdemeanor.

     NEW SECTION. Sec. 59. UNLAWFUL PURCHASE OR USE OF A LICENSE. (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title or Title 75 RCW and the person:

     (a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval;

     (b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year;

     (c) Uses or displays a license, permit, tag, or approval that was issued to another person;

     (d) Permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;

     (e) Acquires or holds a license while privileges for the license are revoked or suspended.

     (2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title or Title 75 RCW or a license authorizing fish or wildlife buying, trafficking, or wholesaling.

     (3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license.

     (b) Unlawful purchase or use of a license in the first degree is a class C felony. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for which the person unlawfully obtained, held, or used a license.

     (4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person. Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife.

     (5) Any license obtained in violation of this section is void upon issuance and is of no legal effect.

     NEW SECTION. Sec. 60. UNLAWFUL HUNTING OR FISHING WHEN PRIVILEGES ARE REVOKED OR SUSPENDED. (1) A person is guilty of unlawful hunting or fishing when privileges are revoked or suspended in the second degree if the person hunts or fishes and the person's privilege to engage in such hunting or fishing were revoked or suspended by any court or the department.

     (2) A person is guilty of unlawful hunting or fishing when privileges are revoked or suspended in the first degree if the person commits the act described by subsection (1) of this section and:

     (a) The suspension of privileges that was violated was a permanent suspension;

     (b) The person takes or possesses more than two hundred fifty dollars' worth of unlawfully taken food fish, wildlife, game fish, seaweed, or shellfish; or

     (c) The violation involves the hunting, taking, or possession of fish or wildlife classified as endangered or threatened or big game.

     (3)(a) Unlawful hunting or fishing when privileges are revoked or suspended in the second degree is a gross misdemeanor. Upon conviction, the department shall order permanent suspension of the person's privileges to engage in such hunting or fishing activities.

     (b) Unlawful hunting or fishing when privileges are revoked or suspended in the first degree is a class C felony. Upon conviction, the department shall order permanent suspension of all privileges to hunt, fish, trap, or take wildlife, food fish, or shellfish.

     (4) As used in this section, hunting includes trapping with a trapping license.

     NEW SECTION. Sec. 61. UNLAWFUL INTERFERING IN DEPARTMENT OPERATIONS. (1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title or Title 75 RCW, including but not limited to interfering in the operation of department vehicles, vessels, or aircraft.

     (2) Unlawful interfering in department operations is a gross misdemeanor.

     NEW SECTION. Sec. 62. CRIMINAL WILDLIFE PENALTY ASSESSMENT FOR ILLEGALLY TAKEN OR POSSESSED WILDLIFE. (1) If a person is convicted of violating section 10 of this act and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal killed or possessed. This shall be a criminal wildlife penalty assessment that shall be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the public safety and education account.

(a) Moose, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission, except for mountain caribou and grizzly bear as listed under (d) of this subsection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000

(b) Elk, deer, black bear, and cougar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000

(c) Trophy animal elk and deer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,000

(d) Mountain caribou, grizzly bear, and trophy animal mountain sheep. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,000

     (2) No forfeiture of bail may be less than the amount of the bail established for hunting during closed season plus the amount of the criminal wildlife penalty assessment in subsection (1) of this section.

     (3) For the purpose of this section a "trophy animal" is:

     (a) A buck deer with four or more antler points on both sides, not including eyeguards;

     (b) A bull elk with five or more antler points on both sides, not including eyeguards; or

     (c) A mountain sheep with a horn curl of three-quarter curl or greater.

     For purposes of this subsection, "eyeguard" means an antler protrusion on the main beam of the antler closest to the eye of the animal.

     (4) If two or more persons are convicted of illegally possessing wildlife in subsection (1) of this section, the criminal wildlife penalty assessment shall be imposed on them jointly and separately.

     (5) The criminal wildlife penalty assessment shall be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this title. The criminal wildlife penalty assessment shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. This section may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

     (6) A defaulted criminal wildlife penalty assessment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.

     (7) A person assessed a criminal wildlife penalty assessment under this section shall have his or her hunting license revoked and all hunting privileges suspended until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed.

     NEW SECTION. Sec. 63. DISPOSITION OF FORFEITED WILDLIFE AND ARTICLES. (1) Unless otherwise provided in this title or Title 75 RCW, fish, shellfish, or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the state upon conviction. Unless already held by, sold, destroyed, or disposed of by the department, the court shall order such fish or wildlife to be delivered to the department. Where delay will cause loss to the value of the property and a ready wholesale buying market exists, the department may sell property to a wholesale buyer at a fair market value.

     (2) The department may use, sell, or destroy any other property forfeited by the court or the department. Any sale of other property shall be at public auction or after public advertisement reasonably designed to obtain the highest price. The time, place, and manner of holding the sale shall be determined by the director. The director may contract for the sale to be through the department of general administration as state surplus property, or, except where not justifiable by the value of the property, the director shall publish notice of the sale once a week for at least two consecutive weeks before the sale in at least one newspaper of general circulation in the county in which the sale is to be held. Proceeds of the sale shall be deposited in the state treasury to be credited to the state wildlife fund.

     NEW SECTION. Sec. 64. DEPARTMENT AUTHORITY TO REVOKE LICENSES. (1) Upon any conviction of any violation of this chapter, the department may revoke any license, tag, or stamp, or other permit involved in the violation or held by the person convicted, in addition to other penalties provided by law.

     (2) If the department orders that a license, tag, stamp, or other permit be revoked, that order is effective upon entry of the order and any such revoked license, tag, stamp, or other permit is void as a result of such order of revocation. The department shall order such license, tag, stamp, or other permit turned over to the department, and shall order the person not to acquire a replacement or duplicate for the remainder of the period for which the revoked license, tag, stamp, or other permit would have been valid. During this period when a license is revoked, the person is subject to punishment under this chapter. If the person appeals the sentence by the court, the revocation shall be effective during the appeal.

     (3) If an existing license, tag, stamp, or other permit is voided and revoked under this chapter, the department and its agents shall not be required to refund or restore any fees, costs, or money paid for the license, nor shall any person have any right to bring a collateral appeal under chapter 34.05 RCW to attack the department order.

     NEW SECTION. Sec. 65. DEPARTMENT AUTHORITY TO SUSPEND PRIVILEGES--FORM AND PROCEDURE. (1) If any crime in this chapter is punishable by a suspension of privileges, then the department shall issue an order that specifies the privileges suspended and period when such suspension shall begin and end. The department has no authority to issue licenses, permits, tags, or stamps for the suspended activity until the suspension ends and any license, tag, stamp, or other permission obtained in violation of an order of suspension is void and ineffective.

     (2) A court sentence may include a suspension of privileges only if grounds are provided by statute. There is no right to seek reinstatement of privileges from the department during a period of court-ordered suspension.

     (3) If this chapter makes revocation or suspension of privileges mandatory, then the department shall impose the punishment in addition to any other punishments authorized by law.

     NEW SECTION. Sec. 66. GROUNDS FOR DEPARTMENT REVOCATION AND SUSPENSION OF PRIVILEGES. The department shall impose revocation and suspension of privileges upon conviction in the following circumstances:

     (1) If directed by statute for an offense;

     (2) If the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Such suspension of privileges may be permanent;

     (3) If a person is convicted twice within ten years for a violation involving unlawful hunting, killing, or possessing big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW 77.16.020 or 77.16.050 as it existed before the effective date of this section may comprise one of the convictions constituting the basis for revocation and suspension under this subsection;

     (4) If a person is convicted three times in ten years of any violation of recreational hunting or fishing laws or rules, the department shall order a revocation and suspension of all recreational hunting and fishing privileges for two years;

     (5) If a person is convicted twice within five years of a gross misdemeanor or felony involving unlawful commercial fish or shellfish harvesting, buying, or selling, the department shall impose a revocation and suspension of the person's commercial fishing privileges for one year. A commercial fishery license suspended under this subsection may not be used by an alternate operator or transferred during the period of suspension.

     Sec. 67. RCW 77.16.135 and 1995 1st sp.s. c 2 s 43 are each amended to read as follows:

     (1) The commission shall revoke all licenses and order a ten-year suspension of all privileges extended under ((Title 77 RCW)) the authority of the department of a person convicted of assault on a ((state wildlife agent)) fish and wildlife officer or other law enforcement officer provided that:

     (a) The ((wildlife agent)) fish and wildlife officer or other law enforcement officer was on duty at the time of the assault; and

     (b) The ((wildlife agent)) fish and wildlife officer or other law enforcement officer was enforcing the provisions of this title ((77 RCW)).

     (2) For the purposes of this section, the definition of assault includes:

     (a) RCW 9A.32.030; murder in the first degree;

     (b) RCW 9A.32.050; murder in the second degree;

     (c) RCW 9A.32.060; manslaughter in the first degree;

     (d) RCW 9A.32.070; manslaughter in the second degree;

     (e) RCW 9A.36.011; assault in the first degree;

     (f) RCW 9A.36.021; assault in the second degree; and

     (g) RCW 9A.36.031; assault in the third degree.

     (((3) For the purposes of this section, a conviction includes:

     (a) A determination of guilt by the court;

     (b) The entering of a guilty plea to the charge or charges by the accused;

     (c) A forfeiture of bail or a vacation of bail posted to the court; or

     (d) The imposition of a deferred or suspended sentence by the court.

     (4) No license described under Title 77 RCW shall be reissued to a person violating this section for a minimum of ten years, at which time a person may petition the director for a reinstatement of his or her license or licenses. The ten-year period shall be tolled during any time the convicted person is incarcerated in any state or local correctional or penal institution, in community supervision, or home detention for an offense under this section. Upon review by the director, and if all provisions of the court that imposed sentencing have been completed, the director may reinstate in whole or in part the licenses and privileges under Title 77 RCW.))

     NEW SECTION. Sec. 68. DIRECTOR'S AUTHORITY TO SUSPEND PRIVILEGES. (1) If a person shoots another person or domestic livestock while hunting, the director shall suspend all hunting privileges for three years. If the shooting of another person or livestock is the result of criminal negligence or reckless or intentional conduct, then the person's privileges shall be suspended for ten years. The suspension may be continued beyond these periods if damages owed to the victim or livestock owner have not been paid by the suspended person.

     (2) If a person commits any assault upon employees, agents, or personnel acting for the department, the director shall suspend hunting or fishing privileges for ten years.

     (3) Within twenty days of service of an order suspending privileges or imposing conditions under this section, a person may petition for administrative review under chapter 34.05 RCW by serving the director with a petition for review. The order is final and unappealable if there is no timely petition for administrative review.

     (4) The commission may by rule authorize petitions for reinstatement of administrative suspensions and define circumstances under which reinstatement will be allowed.

     NEW SECTION. Sec. 69. CIVIL FORFEITURE OF PROPERTY USED FOR VIOLATION OF THIS CHAPTER. (1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, gear, appliances, or other articles they have probable cause to believe have been used in violation of this chapter. However, fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing into court a cash bond equal to the value of the seized property but not more than twenty-five thousand dollars. Such cash bond is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property intended to be a remedial civil sanction.

     (2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.

     (3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state.

     (4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the director or director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars.

     (5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in Title 34 RCW. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the commission or director. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and:

     (a) That the property was not held with intent to violate or used in violation of this title or Title 75 RCW; or

     (b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner's knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle.

     (6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge nor consented to the act or omission. No security interest in seized property may be perfected after seizure.

     (7) If seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the wildlife fund, as provided for in RCW 77.12.170.

     Sec. 70. RCW 75.08.011 and 1996 c 267 s 2 are each amended to read as follows:

     As used in this title or Title 77 RCW or rules ((of the department)) adopted under those titles, unless the context clearly requires otherwise:

     (1) "Commission" means the fish and wildlife commission.

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

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

     (4) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations, including corporations and partnerships.

     (5) "((Fisheries patrol)) Fish and wildlife officer" means a person appointed and commissioned by the commission, with authority to enforce this title, rules of the department, and other statutes as prescribed by the legislature. ((Fisheries patrol)) Fish and wildlife officers are peace officers. Fish and wildlife officer includes a person commissioned before the effective date of this section as a fisheries patrol officer.

     (6) "Ex officio ((fisheries patrol)) fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio ((fisheries patrol)) fish and wildlife officer" also includes ((wildlife agents,)) special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

     (7) "To fish," "to harvest," and "to take" and their derivatives mean an effort to kill, injure, harass, or catch ((food)) fish or shellfish.

     (8) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

     (9) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

     (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

     (11) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.

     (12) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

     (13) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. The term "food fish" includes all stages of development and the bodily parts of food fish species.

     (14) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

     (15) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:


         Scientific Name                                       Common Name

 

         Oncorhynchus tshawytscha                     Chinook salmon

         Oncorhynchus kisutch                             Coho salmon

         Oncorhynchus keta                                  Chum salmon

         Oncorhynchus gorbuscha                         Pink salmon

         Oncorhynchus nerka                                Sockeye salmon

     (16) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

     (17) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

     (18) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

     (19) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.

     (20) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.

     (21) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.

     (22) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW.

     (23) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.

     (24) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.

     Sec. 71. RCW 75.08.160 and 1983 1st ex.s. c 46 s 19 are each amended to read as follows:

     The director, ((fisheries patrol)) fish and wildlife officers, ex officio ((fisheries patrol)) fish and wildlife officers, and department employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.

     It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state. ((It is unlawful for a person to interfere with the operation of these aircraft.))

     Sec. 72. RCW 75.08.274 and 1995 1st sp.s. c 2 s 15 are each amended to read as follows:

     ((Except by permit of)) The commission((, it is unlawful to)) may adopt rules to authorize issuance of permits to take food fish or shellfish for propagation or scientific purposes within state waters.

     Sec. 73. RCW 75.08.295 and 1995 1st sp.s. c 2 s 17 are each amended to read as follows:

     ((Except by permit of)) The commission((, it is unlawful to)) may adopt rules to authorize issuance of permits to release, plant, or place food fish or shellfish in state waters.

     Sec. 74. RCW 75.08.300 and 1985 c 457 s 12 are each amended to read as follows:

     (((1) It is unlawful for any)) A person other than the United States, an Indian tribe recognized as such by the federal government, the state, a subdivision of the state, or a municipal corporation or an agency of such a unit of government ((to)) shall not release salmon or steelhead trout into the public waters of the state and subsequently to recapture and commercially harvest such salmon or trout. This section shall not prevent any person from rearing salmon or steelhead trout in pens or in a confined area under circumstances where the salmon or steelhead trout are confined and never permitted to swim freely in open water.

     (((2) A violation of this section constitutes a gross misdemeanor.))

     Sec. 75. RCW 75.12.010 and 1995 1st sp.s. c 2 s 25 are each amended to read as follows:

     (1) ((Except as provided in this section, it is unlawful to fish commercially for salmon within the waters described in subsection (2) of this section.)) The commission may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section only during the period June 10th to July 25th and for other salmon only from the second Monday of September through November 30th, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.

     (2) All waters east and south of a line commencing at a concrete monument on Angeles Point in Clallam county near the mouth of the Elwha River on which is inscribed "Angeles Point Monument" (latitude 48° 9' 3"north, longitude 123° 33' 01" west of Greenwich Meridian); thence running east on a line 81° 30' true across the flashlight and bell buoy off Partridge Point and thence continued to longitude 122° 40' west; thence north to the southerly shore of Sinclair Island; thence along the southerly shore of the island to the most easterly point of the island; thence 46° true to Carter Point, the most southerly point of Lummi Island; thence northwesterly along the westerly shore line of Lummi Island to where the shore line intersects line of longitude 122° 40' west; thence north to the mainland, including: The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their inlets, passages, waters, waterways, and tributaries.

     (3) ((The commission may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section during the period June 10 to July 25 and for other salmon from the second Monday of September through November 30, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.

     (4))) The commission may authorize commercial fishing for salmon with gill net gear prior to the second Monday in September within the waters of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay, to wit: Those waters northerly and easterly of a line commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky Point on Camano Island; thence northerly to Polnell Point on Whidbey Island.

     (((5))) (4) Whenever the commission determines that a stock or run of salmon cannot be harvested in the usual manner, and that the stock or run of salmon may be in danger of being wasted and surplus to natural or artificial spawning requirements, the commission may authorize units of gill net and purse seine gear in any number or equivalents, by time and area, to fully utilize the harvestable portions of these salmon runs for the economic well being of the citizens of this state. Gill net and purse seine gear other than emergency and test gear authorized by the director shall not be used in Lake Washington.

     (((6))) (5) The commission may authorize commercial fishing for pink salmon in each odd-numbered year from August 1st through September 1st in the waters lying inside of a line commencing at the most easterly point of Dungeness Spit and thence projected to Point Partridge on Whidbey Island and a line commencing at Olele Point and thence projected easterly to Bush Point on Whidbey Island.

     Sec. 76. RCW 75.12.015 and 1995 1st sp.s. c 2 s 26 are each amended to read as follows:

     ((Except as provided in this section, it is unlawful to fish commercially for chinook or coho salmon in the Pacific Ocean and the Straits of Juan de Fuca.))

     (1) The commission may authorize commercial fishing for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca only from June 16th through October 31st.

     (2) The commission may authorize commercial fishing for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca only from March 15th through October 31st.

     Sec. 77. RCW 75.12.040 and 1993 sp.s. c 2 s 27 are each amended to read as follows:

     (1) ((It is unlawful to)) A person shall not use, operate, or maintain a gill net which exceeds ((250 fathoms)) 1500 feet in length or a drag seine in the waters of the Columbia river for catching salmon.

     (2) ((It is unlawful to)) A person shall not construct, install, use, operate, or maintain within state waters a pound net, round haul net, lampara net, fish trap, fish wheel, scow fish wheel, set net, weir, or fixed appliance for catching salmon or steelhead. The director may authorize the use of this gear for scientific investigations.

     (3) The department, in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river.

     Sec. 78. RCW 75.12.132 and 1984 c 80 s 5 are each amended to read as follows:

     (1) ((It is unlawful to fish for or take salmon commercially with a net within the waters of the tributaries and sloughs described in subsection (2) of this section which flow into or are connected with the Columbia river.

     (2))) The ((director)) commission shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs:

     (a) Washougal river;

     (b) Camas slough;

     (c) Lewis river;

     (d) Kalama river;

     (e) Cowlitz river;

     (f) Elokomin river;

     (g) Elokomin sloughs;

     (h) Skamokawa sloughs;

     (i) Grays river;

     (j) Deep river;

     (k) Grays bay.

     (((3))) (2) The ((director)) commission may authorize commercial net fishing for salmon in the tributaries and sloughs from September 1st to November 30th only, if the time, areas, and level of effort are regulated in order to maximize the recreational fishing opportunity while minimizing excess returns of fish to hatcheries. The ((director)) commission shall not authorize commercial net fishing if a significant catch of steelhead would occur.

     Sec. 79. RCW 75.12.140 and 1983 1st ex.s. c 46 s 59 are each amended to read as follows:

     ((It is unlawful to fish for salmon with)) The commission shall not authorize use of reef net fishing gear ((in state waters,)) except in the reef net areas described in this section.

     (1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point one mile distant, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition.

     (2) Cherry Point reef net fishing area includes those waters inland and inside the 10-fathom line between lines projected 205° true from points on the mainland at longitude 122° 44' 54" latitude 48° 51' 48" and longitude 122° 44' 18" latitude 48° 51' 33", a [as] such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (3) Lummi Island reef net fishing area includes those waters inland and inside a line projected from Village Point 208° true to a point 900 yards distant, thence 129° true to the point of intersection with a line projected 259° true from the shore of Lummi Island 122° 40' 42" latitude 48° 41' 32", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition, revised 11-25-57, save and except that there shall be excluded therefrom all waters lying inside of a line projected 259° true from a point at 122° 40' 42" latitude 48° 41' 32" to a point 300 yards distant from high tide, thence in a northerly direction to the United States Coast and Geodetic Survey reference mark number 2, 1941-1950, located on that point on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic Survey map number 6380 as aforesaid. The term "Village Point" as used herein shall be construed to mean a point of location on Village Point, Lummi Island, at the mean high tide line on a true bearing of 43° 53' a distance of 457 feet to the center of the chimney of a wood frame house on the east side of the county road. Said chimney and house being described as Village Point Chimney on page 612 of the United States Coast and Geodetic Survey list of geographic positions No. G-5455, Rosario Strait.

     (4) Sinclair Island reef net fishing area includes those waters inland and inside a line projected from the northern point of Sinclair Island to Boulder reef, thence 200° true to the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (5) Flat Point reef net fishing area includes those waters within a radius of 175 feet of a point off Lopez Island located at longitude 122° 55' 24" latitude 48° 32' 33", as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (6) Lopez Island reef net fishing area includes those waters within 400 yards of shore between lines projected true west from points on the shore of Lopez Island at longitude 122° 55' 04" latitude 48° 31' 59" and longitude 122° 55' 54" latitude 48° 30' 55", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (7) Iceberg Point reef net fishing area includes those waters inland and inside a line projected from Davis Point on Lopez Island to the west point of Long Island, thence to the southern point of Hall Island, thence to the eastern point at the entrance to Jones Bay, and thence to the southern point at the entrance to Mackaye Harbor on Lopez Island; and those waters inland and inside a line projected 320° from Iceberg Point light on Lopez Island, a distance of 400 feet, thence easterly to the point on Lopez Island at longitude 122° 53' 00" latitude 48° 25' 39", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (8) Aleck Bay reef net fishing area includes those waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at longitude 122° 51' 11" latitude 48° 25' 14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map number 6380, thence northerly to the cove on Lopez Island at longitude 122° 50' 49" latitude 48° 25' 42", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (9) Shaw Island reef net fishing area number 1 includes those waters within 300 yards of shore between lines projected true south from points on Shaw Island at longitude 122° 56' 14" latitude 48° 33' 28" and longitude 122° 57' 29" latitude 48° 32' 58", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (10) Shaw Island reef net fishing area number 2 includes those waters inland and inside a line projected from Point George on Shaw Island to the westerly point of Neck Point on Shaw Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (11) Stuart Island reef net fishing area number 1 includes those waters within 600 feet of the shore of Stuart Island between lines projected true east from points at longitude 123° 10' 47" latitude 48° 39' 47" and longitude 123° 10' 47" latitude 48° 39' 33", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (12) Stuart Island reef net fishing area number 2 includes those waters within 250 feet of Gossip Island, also known as Happy Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (13) Johns Island reef net fishing area includes those waters inland and inside a line projected from the eastern point of Johns Island to the northwestern point of Little Cactus Island, thence northwesterly to a point on Johns Island at longitude 123° 09' 24" latitude 48° 39' 59", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (14) Battleship Island reef net fishing area includes those waters lying within 350 feet of Battleship Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (15) Open Bay reef net fishing area includes those waters lying within 150 feet of shore between lines projected true east from a point on Henry Island at longitude 123° 11' 34 1/2" latitude 48° 35' 27 1/2" at a point 250 feet south, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (16) Mitchell Reef net fishing area includes those waters within a line beginning at the rock shown on U.S.G.S. map number 6380 at longitude 123° 10' 56" latitude 48° 34' 49 1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (17) Smugglers Cove reef fishing area includes those waters within 200 feet of shore between lines projected true west from points on the shore of San Juan Island at longitude 123° 10' 29" latitude 48° 33' 50" and longitude 123° 10' 31" latitude 48° 33' 45", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (18) Andrews Bay reef net fishing area includes those waters lying within 300 feet of the shore of San Juan Island between a line projected true south from a point at the northern entrance of Andrews Bay at longitude 123° 09' 53 1/2" latitude 48° 33' 00" and the cable crossing sign in Andrews Bay, at longitude 123° 09' 45" latitude 48° 33' 04", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     (19) Orcas Island reef net fishing area includes those waters inland and inside a line projected true west a distance of 1,000 yards from the shore of Orcas Island at longitude 122° 57' 40" latitude 48° 41' 06" thence northeasterly to a point 500 feet true west of Point Doughty, then true east to Point Doughty, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

     Sec. 80. RCW 75.12.210 and 1993 c 20 s 2 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, ((it is unlawful to fish for or take salmon with)) the commission shall not authorize gear other than troll gear or angling gear for taking salmon within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line: Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a line drawn between the lighthouse on Tatoosh Island in Clallam County and Bonilla Point on Vancouver Island; thence southerly to the lighthouse on Tatoosh Island; thence southerly to the most westerly point of Cape Flattery; thence southerly along the state shoreline of the Pacific Ocean, crossing any river mouths at their most westerly points of land, to Point Brown at the entrance to Grays Harbor; thence southerly to Point Chehalis Light on Point Chehalis; thence southerly from Point Chehalis along the state shoreline of the Pacific Ocean to the Cape Shoalwater tower at the entrance to Willapa Bay; thence southerly to Leadbetter Point; thence southerly along the state shoreline of the Pacific Ocean to the inshore end of the North jetty at the entrance to the Columbia River; thence southerly to the knuckle of the South jetty at the entrance to said river.

     (2) The ((director)) commission may authorize the use of nets for taking salmon in the waters described in subsection (1) of this section for scientific investigations.

     Sec. 81. RCW 75.12.230 and 1983 1st ex.s. c 46 s 61 are each amended to read as follows:

     Within the waters described in RCW 75.12.210, ((it is unlawful to)) a person shall not transport or possess salmon on board a vessel carrying fishing gear of a type other than troll lines or angling gear, unless accompanied by a certificate issued by a state or country showing that the salmon have been lawfully taken within the territorial waters of the state or country.

     Sec. 82. RCW 75.12.390 and 1989 c 172 s 1 are each amended to read as follows:

     The commission shall not authorize commercial bottom trawling for food fish and shellfish ((is unlawful)) in all areas of Hood Canal south of a line projected from Tala Point to Foulweather Bluff and in Puget Sound south of a line projected from Foulweather Bluff to Double Bluff and including all marine waters east of Whidbey Island and Camano Island.

     Sec. 83. RCW 75.12.440 and 1993 c 340 s 50 are each amended to read as follows:

     ((It is unlawful to use)) The commission shall not authorize any commercial fisher to use more than fifty shrimp pots while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge.

     Sec. 84. RCW 75.12.650 and 1996 c 267 s 24 are each amended to read as follows:

     ((It is unlawful to fish commercially for salmon using fishing gear not authorized for commercial salmon fishing by rule of the department.)) The commission shall not authorize angling gear or other personal use gear for commercial salmon fishing.

     Sec. 85. RCW 75.20.040 and 1983 1st ex.s. c 46 s 70 are each amended to read as follows:

     A diversion device used for conducting water from a lake, river, or stream for any purpose shall be equipped with a fish guard approved by the director to prevent the passage of fish into the diversion device. The fish guard shall be maintained at all times when water is taken into the diversion device. The fish guards shall be installed at places and times prescribed by the director upon thirty days' notice to the owner of the diversion device. ((It is unlawful for the owner of a diversion device to fail to comply with this section.))

     Each day the diversion device is not equipped with an approved fish guard is a separate offense. If within thirty days after notice to equip a diversion device the owner fails to do so, the director may take possession of the diversion device and close the device until it is properly equipped. Expenses incurred by the department constitute the value of a lien upon the diversion device and upon the real and personal property of the owner. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the action is taken.

     Sec. 86. RCW 75.20.060 and 1983 1st ex.s. c 46 s 72 are each amended to read as follows:

     A dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director. Plans and specifications shall be provided to the department prior to the director's approval. The fishway shall be maintained in an effective condition and continuously supplied with sufficient water to freely pass fish. ((It is unlawful for the owner, manager, agent, or person in charge of the dam or obstruction to fail to comply with this section.))

     If a person fails to construct and maintain a fishway or to remove the dam or obstruction in a manner satisfactory to the director, then within thirty days after written notice to comply has been served upon the owner, his agent, or the person in charge, the director may construct a fishway or remove the dam or obstruction. Expenses incurred by the department constitute the value of a lien upon the dam and upon the personal property of the person owning the dam. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action brought in the name of the state.

     If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his agent, or the person in charge fails to do so, the dam or obstruction is a public nuisance and the director may take possession of the dam or obstruction and destroy it. No liability shall attach for the destruction.

     Sec. 87. RCW 75.20.100 and 1997 c 385 s 1 and 1997 c 290 s 4 are each reenacted and amended to read as follows:

     (1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld.

     (2)(a) Except as provided in RCW 75.20.1001, the department shall grant or deny approval of a standard permit within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section.

     (b) The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life.

     (c) The forty-five day requirement shall be suspended if:

     (i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;

     (ii) The site is physically inaccessible for inspection; or

     (iii) The applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.

     (d) For purposes of this section, "standard permit" means a written permit issued by the department when the conditions under subsections (3) and (((6)))(5)(b) of this section are not met.

     (3)(a) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources. Expedited permit requests require a complete written application as provided in subsection (2)(b) of this section and shall be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance.

     (b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.

     (c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.

     (d) The department or the county legislative authority may determine if an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists.

     (4) Approval of a standard permit is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent.

     (5) ((If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained approval of the department as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

     (6)))(a) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately, upon request, oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval to protect fish life shall be established by the department and reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately, upon request, for a stream crossing during an emergency situation.

     (b) For purposes of this section and RCW 75.20.103, "emergency" means an immediate threat to life, the public, property, or of environmental degradation.

     (c) The department or the county legislative authority may declare and continue an emergency when one or more of the criteria under (b) of this subsection are met. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection.

     (((7))) (6) The department shall, at the request of a county, develop five-year maintenance approval agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.

     (((8))) (7) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103.

     A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2), shall serve as a hydraulic project approval for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.

     (((9))) (8) For the purposes of this section and RCW 75.20.103, "bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

     (((10))) (9) The phrase "to construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.

     Sec. 88. RCW 75.20.103 and 1993 sp.s. c 2 s 32 are each amended to read as follows:

     In the event that any person or government agency desires to construct any form of hydraulic project or other work that diverts water for agricultural irrigation or stock watering purposes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, and when such diversion or streambank stabilization will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 ((and 75.20.1002)), the department shall grant or deny the approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for an approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay.

     Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.

     An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. Approval for streambank stabilization projects shall remain in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval.

     The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision. The burden shall be upon the department to show that the denial or conditioning of an approval is solely aimed at the protection of fish life.

     The department may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective unless appealed to the hydraulic appeals board within thirty days from the notice of the proposed modification. The burden is on the department to show that changed conditions warrant the modification in order to protect fish life.

     A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. A decision by the department may be appealed to the hydraulic appeals board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life.

     ((If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.))

     In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section.

     For purposes of this chapter, "streambank stabilization" shall include but not be limited to log and debris removal, bank protection (including riprap, jetties, and groins), gravel removal and erosion control.

     Sec. 89. RCW 75.20.110 and 1995 1st sp.s. c 2 s 27 are each amended to read as follows:

     (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.

     (2) Within the sanctuary area:

     (a) ((It is unlawful)) The department shall not issue hydraulic project approval to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the ((commission)) department.

     (b) ((Except by order of the commission, it is unlawful to)) A person shall not divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.

     (3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.

     (4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

     Sec. 90. RCW 75.24.080 and 1983 1st ex.s. c 46 s 83 are each amended to read as follows:

     The director may designate as "restricted shellfish areas" those areas in which infection or infestation of shellfish is present. ((Except by)) A permit ((of)) issued by the director((, it)) is ((unlawful)) required to transplant or transport into or out of a restricted area shellfish or equipment used in culturing, taking, handling, or processing shellfish.

     Sec. 91. RCW 75.24.100 and 1995 1st sp.s. c 2 s 29 are each amended to read as follows:

     (1) ((It is unlawful)) The department may not authorize a person to take geoduck clams for commercial purposes outside the harvest area designated in a current department of natural resources geoduck harvesting agreement issued under RCW 79.96.080. ((It is unlawful to commercially)) The department may not authorize commercial harvest of geoduck clams from bottoms that are shallower than eighteen feet below mean lower low water (0.0. ft.), or that lie in an area bounded by the line of ordinary high tide (mean high tide) and a line two hundred yards seaward from and parallel to the line of ordinary high tide. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

     (2) Commercial geoduck harvesting shall be done with a hand-held, manually operated water jet or suction device guided and controlled from under water by a diver. Periodically, the commission shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit. The commission may require modification of the gear or stop its use if it is being operated in a wasteful or destructive manner or if its operation may cause permanent damage to the bottom or adjacent shellfish populations.

     Sec. 92. RCW 75.24.110 and 1983 1st ex.s. c 46 s 87 are each amended to read as follows:

     ((It is unlawful for)) The department may not authorize a person to import oysters or oyster seed into this state for the purpose of planting them in state waters without a permit from the director. The director shall issue a permit only after an adequate inspection has been made and the oysters or oyster seed are found to be free of disease, pests, and other substances which might endanger oysters in state waters.

     Sec. 93. RCW 75.28.010 and 1997 c 58 s 883 are each amended to read as follows:

     (1) Except as otherwise provided by this title, ((it is unlawful to)) a person may not engage in any of the following activities without a license or permit issued by the director:

     (a) Commercially fish for or take food fish or shellfish;

     (b) Deliver food fish or shellfish taken in offshore waters;

     (c) Operate a charter boat or commercial fishing vessel engaged in a fishery;

     (d) Engage in processing or wholesaling food fish or shellfish; or

     (e) Act as a guide for salmon for personal use in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.

     (2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.

     (3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.

     (4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

     Sec. 94. RCW 75.28.045 and 1993 c 340 s 7 are each amended to read as follows:

     This section applies to all commercial fishery licenses, delivery licenses, and charter licenses.

     (1) An applicant for a license subject to this section may designate a vessel to be used with the license. Except for emergency salmon delivery licenses, the director may issue a license regardless of whether the applicant designates a vessel. An applicant may designate no more than one vessel on a license subject to this section.

     (2) A license for a fishery that requires a vessel authorizes no taking or delivery of food fish or shellfish unless a vessel is designated on the license. A delivery license authorizes no delivery of food fish or shellfish unless a vessel is designated on the license.

     (3) ((It is unlawful to take food fish or shellfish in a fishery that requires a vessel except from a vessel designated on a commercial fishery license for that fishery.

     (4) It is unlawful to operate a vessel as a charter boat unless the vessel is designated on a charter license.

     (5))) No vessel may be designated on more than one commercial fishery license unless the licenses are for different fisheries. No vessel may be designated on more than one delivery license, on more than one salmon charter license, or on more than one nonsalmon charter license.

     Sec. 95. RCW 75.28.095 and 1997 c 76 s 2 are each amended to read as follows:

     (1) The director shall issue the charter licenses and angler permits listed in this section according to the requirements of this title. The licenses and permits and their annual fees and surcharges are:


       License or Permit                     Annual Fee                       Governing

                                           (RCW 75.50.100 Surcharge)         Section

 

                                              Resident        Nonresident

 

(a) Nonsalmon charter              $225                 $375

(b) Salmon charter                    $380                 $685        RCW 75.30.065

                                            (plus $100)       (plus $100)

(c) Salmon angler                      $ 0                   $ 0         RCW 75.30.070

(d) Salmon roe                          $ 95                  $ 95        RCW 75.28.690

     (2) ((Except as provided in subsection (5) of this section, it is unlawful to operate a vessel as a charter boat from which salmon or salmon and other food fish or shellfish are taken without a salmon charter license designating the vessel)) A salmon charter license designating a vessel is required to operate a charter boat to take salmon, other food fish, and shellfish. The director may issue a salmon charter license only to a person who meets the qualifications of RCW 75.30.065.

     (3) ((Except as provided in subsections (2) and (5) of this section, it is unlawful to operate a vessel as a charter boat from which food fish or shellfish are taken without a nonsalmon charter license)) A nonsalmon charter license designating a vessel is required to operate a charter boat to take food fish other than salmon and shellfish. As used in this subsection, "food fish" does not include salmon.

     (4) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use, and that brings food fish or shellfish into state ports or brings food fish or shellfish taken from state waters into United States ports. The director may specify by rule when a vessel is a "charter boat" within this definition. "Charter boat" does not mean a vessel used by a guide for clients fishing for food fish for personal use in freshwater rivers, streams, and lakes, other than Lake Washington or that part of the Columbia River below the bridge at Longview.

     (5) A charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

     (6) A salmon charter license under subsection (1)(b) of this section may be renewed if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge, in order to be considered a valid renewal and eligible to renew the license the following year.

     Sec. 96. RCW 75.28.113 and 1994 c 260 s 22 are each amended to read as follows:

     (1) ((It is unlawful to deliver salmon taken in offshore waters to a place or port in the state without)) A salmon delivery license ((from the director)) is required to deliver salmon taken in offshore waters to a place or port in the state. The annual fee for a salmon delivery license is three hundred eighty dollars for residents and six hundred eighty-five dollars for nonresidents. The annual surcharge under RCW 75.50.100 is one hundred dollars for each license. Holders of nonlimited entry delivery licenses issued under RCW 75.28.125 may apply the nonlimited entry delivery license fee against the salmon delivery license fee.

     (2) Only a person who meets the qualifications established in RCW 75.30.120 may hold a salmon delivery license issued under this section.

     (3) A salmon delivery license authorizes no taking of salmon or other food fish or shellfish from the waters of the state.

     (4) If the director determines that the operation of a vessel under a salmon delivery license results in the depletion or destruction of the state's salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the license under the procedures of chapter 34.05 RCW.

     Sec. 97. RCW 75.28.125 and 1994 c 260 s 21 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, ((it is unlawful to deliver with)) a person may not use a commercial fishing vessel to deliver food fish or shellfish taken in offshore waters to a port in the state without a nonlimited entry delivery license. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp or coastal crab. The annual license fee for a nonlimited entry delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents.

     (2) Holders of salmon troll fishery licenses issued under RCW 75.28.110, salmon delivery licenses issued under RCW 75.28.113, crab pot fishery licenses issued under RCW 75.28.130, food fish trawl—Non-Puget Sound fishery licenses issued under RCW 75.28.120, Dungeness crab—coastal fishery licenses, ocean pink shrimp delivery licenses, and shrimp trawl—Non-Puget Sound fishery licenses issued under RCW 75.28.130 may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license.

     (3) A nonlimited entry delivery license authorizes no taking of food fish or shellfish from state waters.

     Sec. 98. RCW 75.28.710 and 1993 c 340 s 26 are each amended to read as follows:

     (1) ((It is unlawful to)) A person shall not offer or perform the services of a professional salmon guide in the taking of salmon for personal use in freshwater rivers and streams, other than in that part of the Columbia river below the bridge at Longview, without a professional salmon guide license.

     (2) Only an individual at least sixteen years of age may hold a professional salmon guide license. No individual may hold more than one professional salmon guide license.

     Sec. 99. RCW 75.28.740 and 1993 c 340 s 18 are each amended to read as follows:

     (1) The director may by rule designate a fishery as an emerging commercial fishery. The director shall include in the designation whether the fishery is one that requires a vessel.

     (2) "Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or shellfish, the commercial taking of a classified species with gear not previously used for that species, or the commercial taking of a classified species in an area from which that species has not previously been commercially taken. Any species of food fish or shellfish commercially harvested in Washington state as of June 7, 1990, may be designated as a species in an emerging commercial fishery, except that no fishery subject to a license limitation program in chapter 75.30 RCW may be designated as an emerging commercial fishery.

     (3) ((It is unlawful to)) A person shall not take food fish or shellfish in a fishery designated as an emerging commercial fishery without an emerging commercial fishery license and a permit from the director. The director shall issue two types of permits to accompany emerging commercial fishery licenses: Trial fishery permits and experimental fishery permits. Trial fishery permits are governed by subsection (4) of this section. Experimental fishery permits are governed by RCW 75.30.220.

     (4) The director shall issue trial fishery permits for a fishery designated as an emerging commercial fishery unless the director determines there is a need to limit the number of participants under RCW 75.30.220. A person who meets the qualifications of RCW 75.28.020 may hold a trial fishery permit. The holder of a trial fishery permit shall comply with the terms of the permit. Trial fishery permits are not transferable from the permit holder to any other person.

     Sec. 100. RCW 75.30.070 and 1993 c 340 s 29 are each amended to read as follows:

     (1) Except as provided in subsection (3) of this section, ((it is unlawful to)) a person shall not operate a vessel as a charter boat from which salmon are taken in salt water without an angler permit. The angler permit shall specify the maximum number of persons that may fish from the charter boat per trip. The angler permit expires if the salmon charter license is not renewed.

     (2) Only a person who holds a salmon charter license issued under RCW 75.28.095 and 75.30.065 may hold an angler permit.

     (3) An angler permit shall not be required for charter boats licensed in Oregon and fishing in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point under the same regulations as Washington charter boat operators, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

     Sec. 101. RCW 75.30.130 and 1997 c 233 s 1 and 1997 c 115 s 1 are each reenacted and amended to read as follows:

     (1) ((It is unlawful to)) A person shall not commercially take Dungeness crab (Cancer magister) in Puget Sound without first obtaining a Dungeness crab--Puget Sound fishery license. As used in this section, "Puget Sound" has the meaning given in RCW 75.28.110(5)(a). A Dungeness crab--Puget Sound fishery license is not required to take other species of crab, including red rock crab (Cancer productus).

     (2) Except as provided in subsections (3) and (6) of this section, after January 1, 1982, the director shall issue no new Dungeness crab--Puget Sound fishery licenses. Only a person who meets the following qualification may renew an existing license: The person shall have held the Dungeness crab--Puget Sound fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and shall not have subsequently transferred the license to another person.

     (3) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.

     (4) This section does not restrict the issuance of commercial crab licenses for areas other than Puget Sound or for species other than Dungeness crab.

     (5) Dungeness crab--Puget Sound fishery licenses are transferable from one license holder to another.

     (6) If fewer than one hundred twenty-five persons are eligible for Dungeness crab--Puget Sound fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain one hundred twenty-five licenses in the Puget Sound Dungeness crab fishery. The director shall adopt rules governing the application, selection, and issuance procedures for new Dungeness crab--Puget Sound fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

     Sec. 102. RCW 75.30.140 and 1993 c 340 s 35 are each amended to read as follows:

     (1) ((It is unlawful to)) A person shall not fish commercially for herring in state waters without a herring fishery license. As used in this section, "herring fishery license" means any of the following commercial fishery licenses issued under RCW 75.28.120: Herring dip bag net; herring drag seine; herring gill net; herring lampara; herring purse seine.

     (2) Except as provided in this section, a herring fishery license may be issued only to a person who((:

     (a) Established initial eligibility for a herring fishery license as provided in subsection (3) of this section or acquired such a license by transfer;

     (b) Held a herring fishery license during the previous year or acquired such a license by transfer; and

     (c) Has not subsequently transferred the license to another person.

     (3) A person may establish initial eligibility for a herring fishery license by:

     (a) Documenting to the department that the person landed herring during the period January 1, 1971, through April 15, 1973;

     (b) Documenting to the department that the person landed herring during the period January 1, 1969, through December 31, 1970, if the person was in the armed forces of the United States during the period January 1, 1971, through April 15, 1973; or

     (c) Applying to the department and qualifying for a herring fishery license under hardship criteria established by rule of the director.

     Landings may be documented only by a department fish receiving ticket.

     (4) A herring fishery license may be issued only for the type of fishing gear used to establish initial eligibility for the license.

     (5) The director may establish rules governing the administration of this section based upon recommendations of a board of review established under RCW 75.30.050.

     (6) Except as provided in subsection (8) of this section, after January 1, 1995, the director shall issue no new herring fishery licenses. After January 1, 1995, a person may renew an existing license only if the person)) held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person.

     (((7))) (3) Herring fishery licenses may be renewed each year. A herring fishery license that is not renewed each year shall not be renewed further.

     (((8))) (4) The department may issue additional herring fishery licenses if the stocks of herring will not be jeopardized by granting additional licenses.

     (((9))) (5) Subject to the restrictions of ((section 11 of this act)) RCW 75.28.011, herring fishery licenses are transferable from one license holder to another.

     Sec. 103. RCW 75.30.160 and 1993 c 340 s 38 are each amended to read as follows:

     ((It is unlawful to)) A person shall not commercially take whiting from areas that the department designates within the waters described in RCW 75.28.110(5)(a) without a whiting--Puget Sound fishery license.

     Sec. 104. RCW 75.30.210 and 1993 c 340 s 41 are each amended to read as follows:

     (1) ((It is unlawful to)) A person shall not commercially take any species of sea urchin using shellfish diver gear without first obtaining a sea urchin dive fishery license.

     (2) Except as provided in subsections (3) and (6) of this section, after December 31, 1991, the director shall issue no new sea urchin dive fishery licenses. Only a person who meets the following qualifications may renew an existing license:

     (a) The person shall have held the sea urchin dive fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year; and

     (b) The person shall document, by valid shellfish receiving tickets issued by the department, that twenty thousand pounds of sea urchins were caught and sold under the license sought to be renewed during the two-year period ending March 31 of the most recent odd-numbered year.

     (3) Where the person failed to obtain the license during the previous year because of a license suspension or revocation by the department or the court, the person may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.

     (4) The director may reduce or waive the poundage requirement of subsection (2)(b) of this section upon the recommendation of a board of review established under RCW 75.30.050. The board of review may recommend a reduction or waiver of the poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the poundage requirement. The director shall adopt rules governing the operation of the board of review and defining "extenuating circumstances."

     (5) Sea urchin dive fishery licenses are not transferable from one license holder to another, except from parent to child, or from spouse to spouse during marriage or as a result of marriage dissolution, or upon the death of the license holder.

     (6) If fewer than forty-five persons are eligible for sea urchin dive fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain up to forty-five licenses in the sea urchin dive fishery. The director shall adopt rules governing the application, selection, and issuance procedure for new sea urchin dive fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

     Sec. 105. RCW 75.30.250 and 1993 c 340 s 44 are each amended to read as follows:

     (1) ((It is unlawful to)) A person shall not commercially take while using shellfish diver gear any species of sea cucumber without first obtaining a sea cucumber dive fishery license.

     (2) Except as provided in subsection (6) of this section, after December 31, 1991, the director shall issue no new sea cucumber dive fishery licenses. Only a person who meets the following qualifications may renew an existing license:

     (a) The person shall have held the sea cucumber dive fishery license sought to be renewed during the previous two years or acquired the license by transfer from someone who held it during the previous year; and

     (b) The person shall establish, by means of dated shellfish receiving documents issued by the department, that thirty landings of sea cucumbers totaling at least ten thousand pounds were made under the license during the previous two-year period ending December 31 of the odd-numbered year.

     (3) Where the person failed to obtain the license during either of the previous two years because of a license suspension by the department or the court, the person may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.

     (4) The director may reduce or waive any landing or poundage requirement established under this section upon the recommendation of a board of review established under RCW 75.30.050. The board of review may recommend a reduction or waiver of any landing or poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the landing or poundage requirement. The director shall adopt rules governing the operation of the board of review and defining "extenuating circumstances."

     (5) Sea cucumber dive fishery licenses are not transferable from one license holder to another except from parent to child, from spouse to spouse during marriage or as a result of marriage dissolution, or upon death of the license holder.

     (6) If fewer than fifty persons are eligible for sea cucumber dive fishery licenses, the director may accept applications for new licenses from those persons who can demonstrate two years' experience in the Washington state sea cucumber dive fishery. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain up to fifty licenses in the sea cucumber dive fishery. The director shall adopt rules governing the application, selection, and issuance procedure for new sea cucumber dive fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

     Sec. 106. RCW 75.30.280 and 1993 c 340 s 46 are each amended to read as follows:

     (1) ((It is unlawful to)) A person shall not harvest geoduck clams commercially without a geoduck fishery license. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

     (2) Only a person who has entered into a geoduck harvesting agreement with the department of natural resources under RCW 79.96.080 may hold a geoduck fishery license.

     (3) A geoduck fishery license authorizes no taking of geoducks outside the boundaries of the public lands designated in the underlying harvesting agreement, or beyond the harvest ceiling set in the underlying harvesting agreement.

     (4) A geoduck fishery license expires when the underlying geoduck harvesting agreement terminates.

     (5) The director shall determine the number of geoduck fishery licenses that may be issued for each geoduck harvesting agreement, the number of units of gear whose use the license authorizes, and the type of gear that may be used, subject to RCW 75.24.100. In making those determinations, the director shall seek to conserve the geoduck resource and prevent damage to its habitat.

     (6) The holder of a geoduck fishery license and the holder's agents and representatives shall comply with all applicable commercial diving safety regulations adopted by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists on May 8, 1979, 84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq. A violation of those regulations is a violation of this subsection. For the purposes of this section, persons who dive for geoducks are "employees" as defined by the federal occupational safety and health act. A violation of this subsection is grounds for suspension or revocation of a geoduck fishery license following a hearing under the procedures of chapter 34.05 RCW. The department shall not suspend or revoke a geoduck fishery license if the violation has been corrected within ten days of the date the license holder receives written notice of the violation. If there is a substantial probability that a violation of the commercial diving standards could result in death or serious physical harm to a person engaged in harvesting geoduck clams, the department shall suspend the license immediately until the violation has been corrected. If the license holder is not the operator of the harvest vessel and has contracted with another person for the harvesting of geoducks, the department shall not suspend or revoke the license if the license holder terminates its business relationship with that person until compliance with this subsection is secured.

     Sec. 107. RCW 75.30.290 and 1993 c 376 s 5 are each amended to read as follows:

     ((After December 31, 1993, it is unlawful to)) A person shall not commercially deliver into any Washington state port ocean pink shrimp caught in offshore waters without an ocean pink shrimp delivery license issued under RCW 75.28.730, or an ocean pink shrimp single delivery license issued under RCW 75.30.320. An ocean pink shrimp delivery license shall be issued to a vessel that:

     (1) Landed a total of at least five thousand pounds of ocean pink shrimp in Washington in any single calendar year between January 1, 1983, and December 31, 1992, as documented by a valid shellfish receiving ticket; and

     (2) Can show continuous participation in the Washington, Oregon, or California ocean pink shrimp fishery by being eligible to land ocean pink shrimp in either Washington, Oregon, or California each year since the landing made under subsection (1) of this section. Evidence of such eligibility shall be a certified statement from the relevant state licensing agency that the applicant for a Washington ocean pink shrimp delivery license held at least one of the following permits:

     (a) For Washington: Possession of a delivery permit or delivery license issued under RCW 75.28.125 or a trawl license (other than Puget Sound) issued under RCW 75.28.140;

     (b) For Oregon: Possession of a vessel permit issued under Oregon Revised Statute 508.880; or

     (c) For California: A trawl permit issued under California Fish and Game Code sec. 8842.

     Sec. 108. RCW 75.30.350 and 1995 c 252 s 1 are each amended to read as follows:

     (1) ((Effective January 1, 1995, it is unlawful to)) A person shall not commercially fish for coastal crab in Washington state waters without a Dungeness crab—coastal or a Dungeness crab—coastal class B fishery license. Gear used must consist of one buoy attached to each crab pot. Each crab pot must be fished individually.

     (2) A Dungeness crab—coastal fishery license is transferable. Except as provided in subsection (3) of this section, such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated, after December 31, 1993, a vessel or a replacement vessel on the qualifying license that singly or in combination meets the following criteria:

     (a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:

     (i) Crab pot—Non-Puget Sound license, issued under RCW 75.28.130(1)(b);

     (ii) Nonsalmon delivery license, issued under RCW 75.28.125;

     (iii) Salmon troll license, issued under RCW 75.28.110;

     (iv) Salmon delivery license, issued under RCW 75.28.113;

     (v) Food fish trawl license, issued under RCW 75.28.120; or

     (vi) Shrimp trawl license, issued under RCW 75.28.130; or

     (b) Made a minimum of four Washington landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings; or

     (c) Made any number of coastal crab landings totaling a minimum of twenty thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets, showed historical and continuous participation in the coastal crab fishery by having held one of the qualifying licenses each calendar year beginning 1990 through 1993, and the vessel was designated on the qualifying license of the person who held that license in 1994.

     (3) A Dungeness crab-coastal fishery license shall be issued to a person who had a new vessel under construction between December 1, 1988, and September 15, 1992, if the vessel made coastal crab landings totaling a minimum of five thousand pounds by September 15, 1993, and the new vessel was designated on the qualifying license of the person who held that license in 1994. All landings shall be documented by valid Washington state shellfish receiving tickets. License applications under this subsection may be subject to review by the advisory review board in accordance with RCW 75.30.050. For purposes of this subsection, "under construction" means either:

     (a)(i) A contract for any part of the work was signed before September 15, 1992; and

     (ii) The contract for the vessel under construction was not transferred or otherwise alienated from the contract holder between the date of the contract and the issuance of the Dungeness crab-coastal fishery license; and

     (iii) Construction had not been completed before December 1, 1988; or

     (b)(i) The keel was laid before September 15, 1992; and

     (ii) Vessel ownership was not transferred or otherwise alienated from the owner between the time the keel was laid and the issuance of the Dungeness crab-coastal fishery license; and

     (iii) Construction had not been completed before December 1, 1988.

     (4) A Dungeness crab—coastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crab—coastal fishery license, if the person has designated on a qualifying license after December 31, 1993, a vessel or replacement vessel that, singly or in combination, made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held or by having owned a vessel that held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab—coastal class B fishery licenses cease to exist after December 31, 1999, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

     (5) The four qualifying seasons for purposes of this section are:

     (a) December 1, 1988, through September 15, 1989;

     (b) December 1, 1989, through September 15, 1990;

     (c) December 1, 1990, through September 15, 1991; and

     (d) December 1, 1991, through September 15, 1992.

     (6) For purposes of this section and RCW 75.30.420, "coastal crab" means Dungeness crab (cancer magister) taken in all Washington territorial and offshore waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh line (a line from the western end of Cape Flattery to Tatoosh Island lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver island), Grays Harbor, Willapa Bay, and the Columbia river.

     (7) For purposes of this section, "replacement vessel" means a vessel used in the coastal crab fishery in 1994, and that replaces a vessel used in the coastal crab fishery during any period from 1988 through 1993, and which vessel's licensing and catch history, together with the licensing and catch history of the vessel it replaces, qualifies a single applicant for a Dungeness crab—coastal or Dungeness crab—coastal class B fishery license. A Dungeness crab—coastal or Dungeness crab—coastal class B fishery license may only be issued to a person who designated a vessel in the 1994 coastal crab fishery and who designated the same vessel in 1995.

     Sec. 109. RCW 75.30.450 and 1994 c 260 s 16 are each amended to read as follows:

     (1) ((It is unlawful for)) A Dungeness crab—coastal fishery ((licensees to)) licensee shall not take Dungeness crab in the waters of the exclusive economic zone westward of the states of Oregon or California and land crab taken in those waters into Washington state unless the licensee also holds the licenses, permits, or endorsements, required by Oregon or California to land crab into Oregon or California, respectively.

     (2) This section becomes effective only upon reciprocal legislation being enacted by both the states of Oregon and California. For purposes of this section, "exclusive economic zone" means that zone defined in the federal fishery conservation and management act (16 U.S.C. Sec. 1802) as of January 1, 1995, or as of a subsequent date adopted by rule of the director.

     Sec. 110. RCW 75.58.010 and 1993 sp.s. c 2 s 55 are each amended to read as follows:

     (1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020. The program shall be administered by the department under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:

     (a) Disease diagnosis;

     (b) Import and transfer requirements;

     (c) Provision for certification of stocks;

     (d) Classification of diseases by severity;

     (e) Provision for treatment of selected high-risk diseases;

     (f) Provision for containment and eradication of high-risk diseases;

     (g) Provision for destruction of diseased cultured aquatic products;

     (h) Provision for quarantine of diseased cultured aquatic products;

     (i) Provision for coordination with state and federal agencies;

     (j) Provision for development of preventative or control measures;

     (k) Provision for cooperative consultation service to aquatic farmers; and

     (l) Provision for disease history records.

     (2) The ((director)) commission shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.05 RCW and shall assist in conducting those hearings. The authorities granted the department by these rules and by RCW 75.08.080(1)(g), 75.24.080, 75.24.110, 75.28.125, 75.58.020, 75.58.030, and 75.58.040 constitute the only authorities of the department to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.

     (3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department, and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.

     (4) ((It is unlawful for any person to)) A person shall not violate the rules adopted under subsection (2) or (3) of this section or ((to)) violate RCW 75.58.040.

     (5) In administering the program established under this section, the department shall use the services of a pathologist licensed to practice veterinary medicine.

     (6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department or other fish-rearing entities.

     Sec. 111. RCW 77.08.010 and 1996 c 207 s 2 are each amended to read as follows:

     As used in this title or Title 75 RCW or rules adopted pursuant to ((this)) those titles, unless the context clearly requires otherwise:

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

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

     (3) "Commission" means the state fish and wildlife commission.

     (4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

     (5) "Fish and wildlife ((agent)) officer" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before the effective date of this section as a wildlife agent.

     (6) "Ex officio fish and wildlife ((agent)) officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife ((agent)) officer" includes ((fisheries patrol officers,)) special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

     (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

     (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

     (9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a ((game)) fish.

     (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, or possess by rule of the commission. "Open season" includes the first and last days of the established time.

     (11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, or possession of game animals, game birds, or game fish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, or possess by rule of the commission as an open season.

     (12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

     (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

     (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

     (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

     (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

     (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

     (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

     (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

     (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

     (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

     (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

     (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

     (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

     (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

     (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

     (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

     (28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.

     Sec. 112. RCW 77.12.055 and 1993 sp.s. c 2 s 67 are each amended to read as follows:

     (1) ((Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents,)) Fish and wildlife officers and ex officio ((wildlife agents is limited to the laws and rules adopted pursuant to this title pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department)) fish and wildlife officers shall enforce this title, Title 75 RCW, rules of the department, and other statutes as prescribed by the legislature. However, when acting within the scope of these duties and when an offense occurs in the presence of the ((wildlife agent)) fish and wildlife officer who is not an ex officio ((wildlife agent, the wildlife agent)) fish and wildlife officer, the fish and wildlife officer may enforce all criminal laws of the state. The ((wildlife agent)) fish and wildlife officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a ((supplemental)) course ((in criminal law enforcement as)) approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

     (2) ((Wildlife agents)) Fish and wildlife officers are peace officers.

     (3) Any liability or claim of liability ((which)) under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a ((wildlife agent)) fish and wildlife officer rests with the department unless the ((wildlife agent)) fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under ((a written)) an agreement between the department and another agency.

     (4) ((Wildlife agents)) Fish and wildlife officers may serve and execute warrants and processes issued by the courts.

     (5) Fish and wildlife officers may enforce RCW 79.01.805 and 79.01.810.

     (6) To enforce the laws of this title and Title 75 RCW, fish and wildlife officers may call to their aid any ex officio fish and wildlife officer or citizen and that person shall render aid.

     NEW SECTION. Sec. 113. Based upon articulable facts that a person is engaged in fishing or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title and Title 75 RCW.

     Sec. 114. RCW 77.12.080 and 1987 c 506 s 19 are each amended to read as follows:

     ((Wildlife agents)) Fish and wildlife officers and ex officio ((wildlife agents)) fish and wildlife officers may arrest without warrant persons found violating the law or rules adopted pursuant to this title and Title 75 RCW.

     Sec. 115. RCW 77.12.090 and 1987 c 506 s 20 are each amended to read as follows:

     ((Wildlife agents,)) Fish and wildlife officers and ex officio ((wildlife agents)) fish and wildlife officers may make a reasonable search without warrant of a vessel, container, or conveyances, vehicles, packages, game baskets, game coats, or other receptacles for fish and wildlife, or tents, camps, or similar places which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title or Title 75 RCW and seize evidence as needed for law enforcement. This does not preclude seizure of property if authorized for forfeiture as authorized by law.

     Sec. 116. RCW 77.12.095 and 1982 c 152 s 1 are each amended to read as follows:

     ((Wildlife agents)) Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, and wildlife, and records required by the department of any ((commercial enterprise operating under the authority of a license or permit issued by the department or any commercial business that sells, stores, transports, or possesses wildlife)) commercial fisher, wholesale dealer or fish buyer, shipping agent, or of any other person placing or attempting to place fish or wildlife into interstate commerce, or any cold storage plant that the department has probable cause to believe contains fish or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish or wildlife or both, and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish and wildlife of any retail outlet selling fish or wildlife or both.

     Sec. 117. RCW 77.12.120 and 1980 c 78 s 26 are each amended to read as follows:

     ((Upon complaint showing probable cause for believing that wildlife unlawfully caught, taken, killed, controlled, possessed, or transported, is concealed or kept in a game basket, game coat, package, or other receptacle for wildlife, or at a business place, vehicle, or other place, the)) On a showing of probable cause that there has been a violation of any fish or wildlife law of the state of Washington, or upon a showing of probable cause to believe that evidence of such violation may be found at a place, a court shall issue a search warrant ((and have the place searched for wildlife)) or arrest warrant. Fish and wildlife officers may execute any such arrest or search warrant reasonably necessary to their duties under this title or Title 75 RCW and may seize fish and wildlife or any evidence of a crime and the fruits or instrumentalities of a crime as provided by warrant. The court may have a building, enclosure, vehicle, vessel, container, or receptacle opened or entered and the contents examined.

     Sec. 118. RCW 77.16.010 and 1987 c 506 s 58 are each amended to read as follows:

     ((It is unlawful to)) A person shall not promote, conduct, hold, or sponsor a contest for the hunting or fishing of wildlife or a competitive field trial involving live wildlife for hunting dogs without first obtaining a hunting or fishing contest permit. Contests and field trials shall be held in accordance with established rules.

     Sec. 119. RCW 77.16.020 and 1996 c 207 s 3 are each amended to read as follows:

     (((1) It is unlawful to hunt, fish, or possess a game animal, game bird, or game fish during closed season for that game animal, game bird, or game fish except as provided in RCW 77.12.105 or 77.12.265.

     (2) It is unlawful to kill, take, catch, possess, or control a game animal, game bird, or game fish in excess of the number fixed as the bag limit for that game animal, game bird, or game fish.

     (3) It is unlawful to hunt within a game reserve or to fish for game fish within closed waters.

     (4) It is unlawful to hunt wild birds or wild animals within a closed area except as authorized by rule of the commission.

     (5) It is unlawful to hunt or fish for wildlife, practice taxidermy for profit, deal in raw furs for profit, act as a fishing guide, or operate a game farm, stock game fish, or collect wildlife for research or display, without having in possession the license, permit, tag, stamp, or catch record card required by chapter 77.32 RCW or rule of the department. The activities described in this subsection shall be conducted in accordance with rules adopted pursuant to this title.

     (6))) For the purposes of ((this section)) establishing a season or bag limit restriction on Canada goose hunting, the department shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis).

     Sec. 120. RCW 77.16.095 and 1987 c 506 s 63 are each amended to read as follows:

     ((It is unlawful to mutilate)) The commission may adopt rules governing the possession of fish and wildlife so that the size, species, or sex ((cannot)) can be determined visually in the field or while being transported. ((The director may prescribe specific criteria for field identification to satisfy this section.))

     Sec. 121. RCW 77.16.170 and 1993 sp.s. c 2 s 75 are each amended to read as follows:

     ((It is unlawful to take a wild animal from another person's trap without permission, or to spring, pull up, damage, possess, or destroy the trap; however, it is not unlawful for)) A property owner, lessee, or tenant ((to)) may remove a trap placed on the owner's, lessee's, or tenant's posted or fenced property by a trapper.

     Trappers shall attach to the chain of their traps or devices a legible metal tag with either the department identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.

     When ((an individual)) a property owner, lessee, or tenant presents a trapper identification number to the department for a trap found upon the property of the owner, lessee, or tenant and requests identification of the trapper, the department shall provide the ((individual)) requestor with the name and address of the trapper. Prior to disclosure of the trapper's name and address, the department shall obtain the name and address of the requesting individual in writing and after disclosing the trapper's name and address to the requesting individual, the requesting individual's name and address shall be disclosed in writing to the trapper whose name and address was disclosed.

     Sec. 122. RCW 77.16.220 and 1980 c 78 s 89 are each amended to read as follows:

     ((It is unlawful to)) A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning game fish from immediately in front of the fish guard or screen to the waters of origin. A person who is now otherwise lawfully diverting water from a lake, river or stream shall not be deemed guilty of a violation of this section.

      Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation shall be approved by the director prior to the diversion of water.

     The director may close a water diversion device operated in violation of this section and keep it closed until it is properly equipped with a fish guard, screen, or bypass.

     Sec. 123. RCW 77.32.350 and 1992 c 41 s 1 are each amended to read as follows:

     In addition to a basic hunting license, a supplemental license, permit, or stamp is required to hunt for quail, partridge, pheasant, or migratory waterfowl, to hunt with a raptor, or to hunt wild animals with a dog.

     (1) A hound permit is required to hunt wild animals, except rabbits and hares, with a dog. The fee for this permit is twelve dollars.

     (2) An eastern Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in eastern Washington. The fee for this permit is ten dollars.

     (3) A western Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in western Washington. The fee for this permit is thirty-five dollars. Western Washington upland game bird permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant. ((It is unlawful to)) A person shall not harvest a western Washington pheasant without immediately recording this information on the permit.

     (4) Effective January 1, 1993, the permit shall be available as a season option, a juvenile full season option, or a two-day option. The fee for this permit is:

     (a) For the full season option, thirty-five dollars;

     (b) For the juvenile full season or the two-day option, twenty dollars.

     For the purposes of this subsection a juvenile is defined as a person under fifteen years of age upon the opening date of the western Washington pheasant season.

     (5) Western Washington upland game permits are valid for the following number of pheasants and harvesting pheasants in excess of these numbers requires another permit:

     (a) A full season permit is valid for no more than ten pheasants;

     (b) A juvenile full season permit is valid for no more than six pheasants;

     (c) A two-day permit is valid for no more than four pheasants.

     (6) A falconry license is required to possess or hunt with a raptor, including seasons established exclusively for hunting in that manner. The fee for this license is thirty-six dollars.

     (7) A migratory waterfowl stamp affixed to a basic hunting license is required for all persons sixteen years of age or older to hunt migratory waterfowl. The fee for the stamp is six dollars.

     (8) The migratory waterfowl stamp shall be validated by the signature of the licensee written across the face of the stamp.

     (9) The migratory waterfowl stamps required by this section expire on March 31st following the date of issuance.

     NEW SECTION. Sec. 124. REPEALER. The following acts or parts of acts are each repealed:

     (1) RCW 75.10.010 and 1996 c 267 s 4;

     (2) RCW 75.10.020 and 1996 c 267 s 5, 1983 1st ex.s. c 46 s 33, & 1955 c 12 s 75.08.170;

     (3) RCW 75.10.030 and 1996 c 267 s 6, 1990 c 144 s 5, 1983 1st ex.s. c 46 s 34, & 1955 c 12 s 75.36.010;

     (4) RCW 75.10.040 and 1996 c 267 s 7, 1983 1st ex.s. c 46 s 35, 1980 c 78 s 134, & 1955 c 12 s 75.08.200;

     (5) RCW 75.10.050 and 1996 c 267 s 8, 1983 1st ex.s. c 46 s 36, & 1955 c 12 s 75.08.280;

     (6) RCW 75.10.060 and 1983 1st ex.s. c 46 s 37 & 1955 c 12 s 75.36.040;

     (7) RCW 75.10.080 and 1983 1st ex.s. c 46 s 39 & 1955 c 12 s 75.36.050;

     (8) RCW 75.10.090 and 1983 1st ex.s. c 46 s 40 & 1955 c 12 s 75.08.180;

     (9) RCW 75.10.110 and 1996 c 267 s 10, 1990 c 144 s 6, 1987 c 380 s 16, 1983 1st ex.s. c 46 s 42, 1979 ex.s. c 99 s 1, & 1955 c 12 s 75.08.260;

     (10) RCW 75.10.120 and 1996 c 267 s 11, 1990 c 144 s 7, 1983 1st ex.s. c 46 s 43, 1979 ex.s. c 99 s 2, 1957 c 171 s 5, & 1955 c 12 s 75.28.380;

     (11) RCW 75.10.130 and 1996 c 267 s 12, 1983 1st ex.s. c 46 s 44, & 1979 ex.s. c 99 s 3;

     (12) RCW 75.10.140 and 1996 c 267 s 13, 1990 c 163 s 7, 1984 c 80 s 4, 1983 1st ex.s. c 46 s 45, & 1979 ex.s. c 141 s 7;

     (13) RCW 75.10.170 and 1996 c 267 s 15 & 1990 c 63 s 5;

     (14) RCW 75.10.180 and 1996 c 267 s 16 & 1990 c 144 s 1;

     (15) RCW 75.10.190 and 1996 c 267 s 17 & 1990 c 144 s 2;

     (16) RCW 75.10.200 and 1996 c 267 s 18, 1993 sp.s. c 2 s 26, & 1990 c 144 s 3;

     (17) RCW 75.10.210 and 1990 c 144 s 4;

     (18) RCW 75.12.020 and 1996 c 267 s 19, 1983 1st ASCE c 46 s 49, & 1955 c 12 s 75.12.020;

     (19) RCW 75.12.031 and 1983 1st AScE c 46 s 51 & 1955 c 12 s 75.20.070;

     (20) RCW 75.12.070 and 1996 c 267 s 20, 1983 1st AScE c 46 s 53, & 1955 c 12 s 75.12.070;

     (21) RCW 75.12.090 and 1990 c 144 s 8, 1983 1st AScE c 46 s 54, 1982 c 14 s 1, & 1955 c 12 s 75.12.090;

     (22) RCW 75.12.100 and 1996 c 267 s 21, 1983 1st AScE c 46 s 55, & 1955 c 12 s 75.12.100;

     (23) RCW 75.12.115 and 1996 c 267 s 22, 1983 1st AScE c 46 s 56, & 1971 AScE c 106 s 1;

     (24) RCW 75.12.120 and 1985 c 51 s 7, 1983 1st AScE c 46 s 57, & 1955 c 12 s 75.12.120;

     (25) RCW 75.12.125 and 1983 1st AScE c 46 s 58;

     (26) RCW 75.12.127 and 1993 c 340 s 49;

     (27) RCW 75.12.400 and 1983 1st AScE c 46 s 64 & 1982 c 14 s 2;

     (28) RCW 75.12.410 and 1983 1st AScE c 46 s 66 & 1955 c 12 s 75.08.130;

     (29) RCW 75.12.420 and 1996 c 267 s 23, 1983 1st AScE c 46 s 67, & 1955 c 12 s 75.08.210;

     (30) RCW 75.12.430 and 1983 1st AScE c 46 s 68 & 1955 c 12 s 75.08.220;

     (31) RCW 75.24.050 and 1996 c 267 s 25, 1983 1st AScE c 46 s 80, & 1955 c 12 s 75.24.050;

     (32) RCW 75.24.090 and 1996 c 267 s 26, 1983 1st ex.s c 46 s 84, 1955 c 212 s 7, & 1955 c 12 s 75.24.090;

     (33) RCW 75.25.150 and 1994 c 255 s 7, 1993 sp.s. c 17 s 9, 1989 c 305 s 13, 1984 c 80 s 9, & 1983 1st AScE c 46 s 99;

     (34) RCW 77.12.060 and 1987 c 506 s 17, 1980 c 78 s 18, 1961 c 68 s 1, & 1955 c 36 s 77.12.060;

     (35) RCW 77.12.070 and 1987 c 506 s 18, 1980 c 78 s 19, 1971 AScE c 173 s 1, 1961 c 68 s 2, & 1955 c 36 s 77.12.070;

     (36) RCW 77.16.040 and 1987 c 506 s 60, 1980 c 78 s 72, 1971 AScE c 166 s 4, 1961 c 75 s 1, & 1955 c 36 s 77.16.040;

     (37) RCW 77.16.050 and 1980 c 78 s 73 & 1955 c 36 s 77.16.050;

     (38) RCW 77.16.060 and 1993 sp.s. c 2 s 73, 1987 c 506 s 61, 1980 c 78 s 74, & 1955 c 36 s 77.16.060;

     (39) RCW 77.16.080 and 1987 c 506 s 62, 1980 c 78 s 76, & 1955 c 36 s 77.16.080;

     (40) RCW 77.16.090 and 1980 c 78 s 77 & 1955 c 36 s 77.16.090;

     (41) RCW 77.16.100 and 1980 c 78 s 79, 1977 AScE c 275 s 1, & 1955 c 36 s 77.16.100;

     (42) RCW 77.16.110 and 1987 c 506 s 64, 1980 c 78 s 80, & 1955 c 36 s 77.16.110;

     (43) RCW 77.16.120 and 1980 c 78 s 81 & 1955 c 36 s 77.16.120;

     (44) RCW 77.16.130 and 1987 c 506 s 65, 1980 c 78 s 82, & 1955 c 36 s 77.16.130;

     (45) RCW 77.16.150 and 1987 c 506 s 66, 1980 c 78 s 83, & 1955 c 36 s 77.16.150;

     (46) RCW 77.16.160 and 1980 c 78 s 84 & 1955 c 36 s 77.16.160;

     (47) RCW 77.16.180 and 1987 c 506 s 67, 1980 c 78 s 86, & 1955 c 36 s 77.16.180;

     (48) RCW 77.16.190 and 1980 c 78 s 87 & 1955 c 36 s 77.16.190;

     (49) RCW 77.16.250 and 1989 c 297 s 5, 1980 c 78 s 93, & 1955 c 36 s 77.16.250;

     (50) RCW 77.16.260 and 1980 c 78 s 94, 1955 c 85 s 1, & 1955 c 36 s 77.16.260;

     (51) RCW 77.16.310 and 1981 c 310 s 4, 1980 c 78 s 125, & 1979 AScE c 127 s 1;

     (52) RCW 77.16.320 and 1987 c 506 s 68, 1981 c 310 s 5, & 1980 c 44 s 1;

     (53) RCW 77.16.330 and 1987 c 506 s 104 & 1985 c 243 s 3;

     (54) RCW 77.16.610 and 1982 c 155 s 3;

     (55) RCW 77.21.010 and 1988 c 265 s 3;

     (56) RCW 77.21.040 and 1989 c 314 s 5, 1987 c 506 s 72, 1980 c 78 s 25, & 1955 c 36 s 77.12.110; and

     (57) RCW 77.21.060 and 1989 c 314 s 6, 1987 c 506 s 73, 1980 c 78 s 122, & 1955 c 36 s 77.32.260.

     NEW SECTION. Sec. 125. RECODIFICATION. The following sections are recodified as new sections in the chapter created in section 128 of this act:

     RCW 75.10.100

     RCW 75.10.220

     RCW 75.12.320

     RCW 77.12.120

     RCW 77.12.130

     RCW 77.16.135

     NEW SECTION. Sec. 126. SHORT TITLE. This chapter may be known and cited as the fish and wildlife enforcement code.

     NEW SECTION. Sec. 127. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

     NEW SECTION. Sec. 128. Sections 1 through 48, 50 through 66, 68, 69, 113, 126, and 127 of this act constitute a new chapter in Title 77 RCW.

     NEW SECTION. Sec. 129. The enactment of chapter . . ., Laws of 1998 (this act) does not terminate, or in any way modify, any liability, civil or criminal, that was in existence on the effective date of this section."

     On page 1, line 1 of the title, after "enforcement;" strike the remainder of the title and insert "amending RCW 75.12.320, 77.16.135, 75.08.011, 75.08.160, 75.08.274, 75.08.295, 75.08.300, 75.12.010, 75.12.015, 75.12.040, 75.12.132, 75.12.140, 75.12.210, 75.12.230, 75.12.390, 75.12.440, 75.12.650, 75.20.040, 75.20.060, 75.20.103, 75.20.110, 75.24.080, 75.24.100, 75.24.110, 75.28.010, 75.28.045, 75.28.095, 75.28.113, 75.28.125, 75.28.710, 75.28.740, 75.30.070, 75.30.140, 75.30.160, 75.30.210, 75.30.250, 75.30.280, 75.30.290, 75.30.350, 75.30.450, 75.58.010, 77.08.010, 77.12.055, 77.12.080, 77.12.090, 77.12.095, 77.12.120, 77.16.010, 77.16.020, 77.16.095, 77.16.170, 77.16.220, and 77.32.350; reenacting and amending RCW 75.20.100 and 75.30.130; adding a new chapter to Title 77 RCW; creating a new section; recodifying RCW 75.10.100, 75.10.220, 75.12.320, 77.12.120, 77.12.130, and 77.16.135; repealing RCW 75.10.010, 75.10.020, 75.10.030, 75.10.040, 75.10.050, 75.10.060, 75.10.080, 75.10.090, 75.10.110, 75.10.120, 75.10.130, 75.10.140, 75.10.170, 75.10.180, 75.10.190, 75.10.200, 75.10.210, 75.12.020, 75.12.031, 75.12.070, 75.12.090, 75.12.100, 75.12.115, 75.12.120, 75.12.125, 75.12.127, 75.12.400, 75.12.410, 75.12.420, 75.12.430, 75.24.050, 75.24.090, 75.25.150, 77.12.060, 77.12.070, 77.16.040, 77.16.050, 77.16.060, 77.16.080, 77.16.090, 77.16.100, 77.16.110, 77.16.120, 77.16.130, 77.16.150, 77.16.160, 77.16.180, 77.16.190, 77.16.250, 77.16.260, 77.16.310, 77.16.320, 77.16.330, 77.16.610, 77.21.010, 77.21.040, and 77.21.060; and prescribing penalties.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


    On motion of Senator Oke, the Senate refuses to concur in the House amendments to Engrossed Substitute Senate Bill No. 6328 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

March 4, 1998

MR. PRESIDENT:

    The House has passed SUBSTITUTE SENATE BILL NO. 6550 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. The legislature recognizes chemical dependency professionals as discrete health professionals. Chemical dependency professional certification serves the public interest.

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

     (1) "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice.

     (2) "Certified chemical dependency professional" means an individual certified in chemical dependency counseling, under this chapter.

     (3) "Chemical dependency counseling" means employing the core competencies of chemical dependency counseling to assist or attempt to assist an alcohol or drug addicted person to develop and maintain abstinence from alcohol and other mood-altering drugs.

     (4) "Committee" means the chemical dependency certification advisory committee established under this chapter.

     (5) "Core competencies of chemical dependency counseling" means competency in the nationally recognized knowledge, skills, and attitudes of professional practice, including assessment and diagnosis of chemical dependency, chemical dependency treatment planning and referral, patient and family education in the disease of chemical dependency, individual and group counseling with alcoholic and drug addicted individuals, relapse prevention counseling, and case management, all oriented to assist alcoholic and drug addicted patients to achieve and maintain abstinence from mood-altering substances and develop independent support systems.

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

     (7) "Health profession" means a profession providing health services regulated under the laws of this state.

     (8) "Secretary" means the secretary of health or the secretary's designee.

     NEW SECTION. Sec. 3. No person may represent oneself as a certified chemical dependency professional or use any title or description of services of certified chemical dependency professional without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter.

     NEW SECTION. Sec. 4. Nothing in this chapter shall be construed to authorize the use of the title "certified chemical dependency professional" when treating patients in settings other than programs approved under chapter 70.96A RCW.

     NEW SECTION. Sec. 5. Nothing in this chapter shall be construed to prohibit or restrict:

     (1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice;

     (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;

     (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.

     NEW SECTION. Sec. 6. In addition to any other authority provided by law, the secretary has the authority to:

     (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter, in consultation with the committee;

     (2) Establish all certification, examination, and renewal fees in accordance with RCW 43.70.250;

     (3) Establish forms and procedures necessary to administer this chapter;

     (4) Issue certificates to applicants who have met the education, training, and examination requirements for certification and to deny certification to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of certification based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

     (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals certified under this chapter to serve as examiners for any practical examinations;

     (6) Determine minimum education requirements and evaluate and designate those educational programs that will be accepted as proof of eligibility to take a qualifying examination for applicants for certification;

     (7) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for certification;

     (8) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take any qualifying examination;

     (9) Determine which states have credentialing requirements equivalent to those of this state, and issue certificates to individuals credentialed in those states without examinations;

     (10) Define and approve any experience requirement for certification;

     (11) Implement and administer a program for consumer education;

     (12) Adopt rules implementing a continuing competency program;

     (13) Maintain the official department record of all applicants and certificated individuals;

     (14) Establish by rule the procedures for an appeal of an examination failure; and

     (15) Establish disclosure requirements.

     NEW SECTION. Sec. 7. The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for certification under this chapter and the results of each application.

     NEW SECTION. Sec. 8. The secretary shall appoint a chemical dependency certification advisory committee to further the purposes of this chapter. The committee shall be composed of seven members, one member initially appointed for a term of one year, three for a term of two years, and three for a term of three years. Subsequent appointments shall be for terms of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of the committee shall be residents of this state. The committee shall be composed of four certified chemical dependency professionals; one chemical dependency treatment program director; one physician licensed under chapter 18.71 or 18.57 RCW who is certified in addiction medicine or a licensed or certified mental health practitioner; and one member of the public who has received chemical dependency counseling.

     (2) The secretary may remove any member of the committee for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.

     (3) The committee shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the director. The committee may elect a chair and a vice-chair. A majority of the members currently serving shall constitute a quorum.

     (4) Each member of the committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committee shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the committee.

     (5) The director of the department of social and health services division of alcohol and substance abuse or the director's designee, shall serve as an ex officio member of the committee.

     (6) The secretary, members of the committee, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any certification or disciplinary proceedings or other official acts performed in the course of their duties.

     NEW SECTION. Sec. 9. (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

     (a) Completion of an educational program approved by the secretary or successful completion of alternate training that meets established criteria;

     (b) Successful completion of an approved examination, based on core competencies of chemical dependency counseling; and

     (c) Successful completion of an experience requirement that establishes fewer hours of experience for applicants with higher levels of relevant education. In meeting any experience requirement established under this subsection, the secretary may not require more than one thousand five hundred hours of experience in chemical dependency counseling for applicants who are licensed under chapter 18.83 RCW or under chapter 18.79 RCW as advanced registered nurse practitioners.

     (2) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria.

     (3) Applicants are subject to the grounds for denial of a certificate or issuance of a conditional certificate under chapter 18.130 RCW.

     (4) Certified chemical dependency professionals shall not be required to be registered under chapter 18.19 RCW.

     NEW SECTION. Sec. 10. The secretary may establish by rule the st