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SIXTIETH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, March 12, 1998


      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all

Senators were present except Senators Brown, McDonald, Patterson and Sellar. On motion of Senator Franklin, Senator Patterson was excused. On motion of Senator Prentice, Senator Brown was excused. On motion of Senator Hale, Senators McDonald and Sellar were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Katie Lindstrom and Nick Staiger, 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 11, 1998


MR. PRESIDENT:

      The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 6240. The Speaker has appointed the following members as conferees: Representatives Sheahan, Sterk and Costa.

TIMOTHY A. MARTIN, Chief Clerk


March 11, 1998


MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1541 and passed the bill as amended by the Senate.                                                                                                                                                                   TIMOTHY A. MARTIN, Chief Clerk



 March 11, 1998


MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2417 and passed the bill as amended by the Senate.                                                                                                                                             TIMOTHY A. MARTIN, Chief Clerk


March 11, 1998


MR. PRESIDENT:

      The Speaker has signed:

      ENGROSSED HOUSE BILL NO. 1042,

      SUBSTITUTE HOUSE BILL NO. 1043,

      SUBSTITUTE HOUSE BILL NO. 1083,

      HOUSE BILL NO. 1165,

      SUBSTITUTE HOUSE BILL NO. 1184,

      ENGROSSED HOUSE BILL NO. 1254,

      HOUSE BILL NO. 1297,

      HOUSE BILL NO. 1309,

      ENGROSSED HOUSE BILL NO. 1408,

      SUBSTITUTE HOUSE BILL NO. 1692,

      SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1746,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2313,

      HOUSE BILL NO. 2402,

      SUBSTITUTE HOUSE BILL NO. 2459,

      HOUSE BILL NO. 2500,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2551,

      SUBSTITUTE HOUSE BILL NO. 2826,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2831,

      ENGROSSED HOUSE BILL NO. 3003,

      SUBSTITUTE HOUSE BILL NO. 3015,

      SECOND SUBSTITUTE HOUSE BILL NO. 3089, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk






SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5703,

      SUBSTITUTE SENATE BILL NO. 6119, 

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6205,

      SUBSTITUTE SENATE BILL NO. 6253,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6328,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6497,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6533,

      SENATE BILL NO. 6588.


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED HOUSE BILL NO. 1042,

      SUBSTITUTE HOUSE BILL NO. 1043,

      SUBSTITUTE HOUSE BILL NO. 1083,

      HOUSE BILL NO. 1165,

      SUBSTITUTE HOUSE BILL NO. 1184,

      ENGROSSED HOUSE BILL NO. 1254,

      HOUSE BILL NO. 1297,

      HOUSE BILL NO. 1309,

      ENGROSSED HOUSE BILL NO. 1408,

      SUBSTITUTE HOUSE BILL NO. 1692,

      SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1746,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2313,

      HOUSE BILL NO. 2402,

      SUBSTITUTE HOUSE BILL NO. 2459,

      HOUSE BILL NO. 2500,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2551,

      SUBSTITUTE HOUSE BILL NO. 2826,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2831,

      ENGROSSED HOUSE BILL NO. 3003,

      SUBSTITUTE HOUSE BILL NO. 3015,

      SECOND SUBSTITUTE HOUSE BILL NO. 3089.


MOTION


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


SENATE RESOLUTION 1998-8694


By Senators Stevens, Haugen, Patterson, T. Sheldon, Johnson, Sellar, Hale, Spanel, Strannigan, Fairley, Swecker, Long, Schow, Oke, Bauer, Finkbeiner, Rasmussen, Roach, Hochstatter, Wood, Goings, Hargrove, Rossi, Zarelli, Heavey, Benton and Anderson


      WHEREAS, Governor Gary Locke proclaimed October 19 through October 25, 1997, Christian Heritage Week in Washington State; and

      WHEREAS, Marcus and Narcissi Whitman made significant historical contributions to the establishment of the state of Washington and contributions to the growth and development of the free exercise of religion in the United States, specifically in the state of Washington; and

      WHEREAS, In 1836 Marcus and Narcissi Whitman risked their lives, traveling more than three thousand miles in six months over harsh terrain to reach the Pacific Northwest and establish a Christian mission; and

      WHEREAS, In the face of financial adversity, Marcus Whitman, enduring the elements, crossed the United States again to petition against the cancellation of his Washington mission; and

      WHEREAS, After securing the necessary capital resources, Marcus Whitman not only risked his life to return to the Pacific Northwest, but also led over one thousand settlers in the Great Migration of 1843, setting the stage for further colonization of the West; and

      WHEREAS, After Marcus Whitman returned, he and Narcissi Whitman sacrificed their lives in defending their mission and Christian beliefs while under attack; and

      WHEREAS, Through their sacrifice, Marcus and Narcissi Whitman convinced the United States Congress to form the Oregon Territory, thus founding the first territory west of the Rocky Mountains and establishing the foundation for the state of Washington; and

      WHEREAS, Marcus and Narcissi Whitman sacrificed, in the name of Christianity, to lay the foundation for our great State; and

      WHEREAS, It is appropriate to highlight the historic achievement and recognize the contributions of Marcus and Narcissi Whitman to the state of Washington;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and honor the contributions of Marcus and Narcissi Whitman in establishing the foundation for the state of Washington and fostering the free exercise of religion in the United States; and

      BE IT FURTHER RESOLVED, That Christian Heritage Week is the appropriate occasion to honor such Washington heroes and will be so again in 1998.


      Senators Stevens, Hochstatter and Johnson spoke to Senate Resolution 1998-8694.


MOTION


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


SENATE RESOLUTION 1998-8729


By Senators Spanel and Haugen


      WHEREAS, The beautiful Skagit Valley is the tulip capital of the Northwest; and

      WHEREAS, Every April the tulips are in bloom, celebrating the beginning of spring; and

      WHEREAS, The Skagit Valley Tulip Festival begins the festival season in Washington State; and

      WHEREAS, This year's fifteenth annual event will run from April 3rd through April 19th, focusing on the communities of Sedro Woolley, Burlington, Anacortes, LaConner, Mount Vernon, and Concrete; and

      WHEREAS, One million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event and contributing to the economy of the Skagit Valley; and

      WHEREAS, This year's visitors will be greeted by more than one thousand five-hundred acres of tulips reflecting all the colors of the rainbow, and by the fullness of life in the valley and its wonderful people; and

      WHEREAS, Highlights of the event include the Kiwanis Salmon Barbeque, Tulip Pedal Bike Ride, Art in a Pickle Barn, Tour de Fleur, and Art Bash on Beaver Marsh Road;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate salutes the six communities of the Skagit Valley, their Chambers of Commerce, Skagit Valley Tulip Festival Ambassadors, and the Tulip Festival Committee for their Skagit Valley Tulip Festival; and         BE IT FURTHER RESOLVED, That we commend the community leaders and corporate sponsors for the success of this important event and encourage citizens from across Washington State to take the time to enjoy this spectacular display; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Audrey Smith, Tulip Festival Executive Director.


      Senators Spanel and Haugen spoke to Senate Resolution 1998-8729.


MOTION


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


SENATE RESOLUTION 1998-8730


By Senators Kohl, Spanel, Jacobsen, Fraser, Bauer, Johnson, Thibaudeau, Haugen, Hargrove, T. Sheldon, Anderson, B. Sheldon, Snyder and Rasmussen


      WHEREAS, The Washington State Commercial Fishing Fleet begins leaving in March and the seventieth annual Blessing of the Fleet will occur at Fisherman's Terminal in Seattle on Sunday, March 15th; and

      WHEREAS, The Washington State Commercial Fishing Fleet is one of the world’s largest distant water fleets and is of major importance to our state; and

      WHEREAS, Examples of the many important fleets operating out of the state include the salmon fleet which began in territorial Washington in the 1860s, and the halibut fleet which has been in existence since 1888; and

      WHEREAS, The commercial fishing industry directly and indirectly employs thousands of people; and

      WHEREAS, The harvest annually generates millions of dollars each year in direct economic contribution and billions in indirect economic contribution; and

      WHEREAS, The life of a fisher is one fraught with danger and hardship that most of us will never face; and

      WHEREAS, Strength and courage are basic requirements for anyone who chooses to work on the high seas, battling the elements in order to harvest the nature's bounty; and

      WHEREAS, The men and women who work on boats, living between God and the sea, and never certain which will claim them first, deserve our admiration, our thanks, and, when tragedy strikes, our remembrance; and

      WHEREAS, In 1997, Washington State lost Jackson Frasier, James Kennedy, Stanley Erickson, Larry Older, Curtis Miller, Stephen Brooks, John Ferry, Marilyn Tarabochia and Ronald Tarabochia, who were all claimed too early in life, and their deaths have rent again the tightly knit fabric that is the community of fishing families in our region;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate extends its condolences to the families and friends of all our fishermen and women who have lost their lives at sea, including most recently those of Jackson Frasier, James Kennedy, Stanley Erickson, Larry Older, Curtis Miller, Stephen Brooks, John Ferry, Marilyn Tarabochia and Ronald Tarabochia; and wishes the entire commercial fishing fleet a safe and prosperous season.

 

      Senators Kohl and Spanel spoke to Senate Resolution 1998-8730


MOTION


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


SENATE RESOLUTION 1998-8710


By Senators Strannigan, Anderson, Finkbeiner, Haugen, Thibaudeau, Heavey, Kohl and Wood

      WHEREAS, The Washington State Senate recognizes that the fabric of this state's identity is positively enhanced by the protected presence of gray whales and other marine mammals that ply Washington waters near our major urban centers; and

      WHEREAS, The protected gray whale population in Washington waters provides priceless aesthetic and recreational benefits for countless Washington citizens and visitors as well as substantial economic benefit to the state and its tourism industry; and

      WHEREAS, The protected presence of our year-round resident gray whale population allows the whale-watching industry to educate thousands of visitors each year about the wonders of these nomadic creatures and other marine mammals that annually migrate to their Northwest home in our state waters; and

      WHEREAS, The hunting of gray whales could cause significant personal safety concerns for tourists who come to Washington for the purpose of whale watching and to others attracted to our state for non-consumptive marine activities such as sailing, diving, sea kayaking and other activities; and

      WHEREAS, Many citizens, visitors, businesses and international groups who annually contribute significantly to the economic viability of Washington’s tourism industry have expressed their objection to a resumption of hunting for gray whales; and

      WHEREAS, A resumed gray whale hunt may have profound negative impacts on the ecology of the Olympic Peninsula, causing gray whales to avoid the region and setting international precedents that pose a potential threat to the last remaining population of gray whales;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate formally recognize the social, economic and environmental benefits of the current protection gray whales enjoy in Washington waters; and

      BE IT FURTHER RESOLVED, That the Washington State Senate recognize that the current cessation in whale hunting makes Washington waters a unique and important sanctuary for these magnificent marine mammals; and

      BE IT FURTHER RESOLVED, That the Washington State Senate will always be a vigilant advocate for the health of the state’s resident gray whale population and will watch over this precious resource to protect and preserve it from human harm so that it may be a lasting heritage for future generations.

MOTION


      Senator Zarelli moved that the following resolution be adopted:


SENATE RESOLUTION 1998-8733


By Senators Zarelli and McDonald

      WHEREAS, The Legislature passes measures for the benefit of citizens that are implemented by state agencies; and

      WHEREAS, Much of this legislation affects the lives of citizens of the state, particularly actions taken by social service agencies that relate to families and family relationships; and

      WHEREAS, Implementation by state agencies often occurs without guidance and input from legislators, the elected representatives of the citizenry of Washington; and

      WHEREAS, Legislators often become aware of situations where constituents and others complain that agency action has been frustrating, contrary to legislative policy and counterproductive; and

      WHEREAS, No committee of the Senate is specifically charged with reviewing and investigating complaints that legislative goals and intent were not carried out in specific situations involving individuals or groups; and

      WHEREAS, The citizens of Washington State, who are the final arbiters of decisions made by their government, have a need for a forum for expressing concerns to the Senate about the programs and services provided by their state agencies to ensure that these agencies remain accountable and responsive to the governed; and

      WHEREAS, Citizens, agencies and the Senate would have more information if a committee were established to review agency actions and report to the interested standing committees;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington does hereby establish a select committee to review the actions of public agencies called the Senate Select Committee on Family Services Oversight; and

      BE IT FURTHER RESOLVED, That the Senate Select Committee on Family Services Oversight shall be made up of five members of the Senate, three from the majority caucus and two from the minority caucus and appointed by the President of the Senate and shall use existing Senate staff; and

      BE IT FURTHER RESOLVED, That the Senate Select Committee on Family Services Oversight shall terminate and submit a final report to the appropriate committees of the Senate on December 31, 1999, and shall make any interim reports to the appropriate committees at its sole discretion.


      Senators Zarelli and Jacobsen spoke to Senate Resolution 1998-8733.


MOTION


      On motion of Senator Snyder, further consideration of Senate Resolution 1998-8733 was deferred.


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


MOTION


      On motion of Senator Hale, Senators Anderson, Finkbeiner and Roach were excused.




SECOND READING

GUBERNATORIAL APPOINTMENT

MOTION


      On motion of Senator Oke, Gubernatorial Appointment No. 9290, Kelly D. White, as a member of the Fish and Wildlife Commission, was confirmed.

      Senators Oke and Jacobsen spoke to the confirmation of Kelly D. White as a member of the Fish and Wildlife Commission.


APPOINTMENT OF KELLY D. WHITE


      The Secretary called the roll and the appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

      Voting yea: Senators Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41.      Absent: Senator Wood - 1.    Excused: Senators Anderson, Brown, Finkbeiner, McDonald, Patterson, Roach and Sellar - 7.

MOTION


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


MOTION


      On motion of Senator Betti Sheldon, Senator McAuliffe was excused.


REPORT OF CONFERENCE COMMITTEE

2E2SHB 1354                                                                                                                                                                             March 11, 1998

Includes “'NEW ITEM”: YES


Changing air pollution control provisions

MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1354, air pollution control, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.94.130 and 1991 c 199 s 705 are each amended to read as follows:

       The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting within thirty days after all of its members have been appointed or designated as provided in RCW 70.94.100. The board shall meet at least ten times per year. All meetings shall be publicly announced prior to their occurrence. All meetings shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from its members a chair and such other officers as may be necessary. Any member of the board may designate a regular alternate to serve on the board in his or her place with the same authority as the member when he or she is unable to attend. In no event may a regular alternate serve as the permanent chair. Each member of the board, or his or her representative, shall receive from the authority compensation consistent with such authority's rates (but not to exceed one thousand dollars per year) for time spent in the performance of duties under this chapter, plus the actual and necessary expenses incurred by the member in such performance. The board may appoint a control officer, and any other personnel, and shall determine their salaries, and pay same, together with any other proper indebtedness, from authority funds.

       Sec. 2. RCW 70.120.070 and 1991 c 199 s 203 are each amended to read as follows:

       (1) Any person:

       (a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and

       (b) Who, following such a test, expends more than one hundred dollars on a 1980 or earlier model year motor vehicle or expends more than one hundred fifty dollars on a 1981 or later model year motor vehicle for repairs solely devoted to meeting the emission standards and that are performed by a certified emission specialist authorized by RCW 70.120.020(2)(a); and

       (c) Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is installed and operative.

       To receive the certificate, the person must document compliance with (b) and (c) of this subsection to the satisfaction of the department.

       Should any provision of (b) of this subsection be disapproved by the administrator of the United States environmental protection agency, all vehicles shall be required to expend at least four hundred fifty dollars to qualify for a certificate of acceptance.

       (2) Persons who fail the initial tests shall be provided with:

       (a) Information regarding the availability of federal warranties and certified emission specialists;

       (b) Information on the availability and procedure for acquiring license trip-permits;

       (c) Information on the availability and procedure for receiving a certificate of acceptance; and

       (d) The local phone number of the department's local vehicle specialist.

       Sec. 3. RCW 70.120.100 and 1979 ex.s. c 163 s 10 are each amended to read as follows:

       The department shall investigate complaints received regarding the operation of emission testing stations and shall require corrections or modifications in those operations when deemed necessary.

       The department shall also review complaints received regarding the maintenance or repairs secured by owners of motor vehicles for the purpose of complying with the requirements of this chapter. When possible, the department shall assist such owners in determining the merits of the complaints.

       The department shall keep a copy of all complaints received, and on request, make copies available to the public. This is not intended to require disclosure of any information that is exempt from public disclosure under chapter 42.17 RCW.

       Sec. 4. RCW 70.120.170 and 1991 c 199 s 208 are each amended to read as follows:

       (1) The department shall administer a system for emission inspections of all motor vehicles, except those described in RCW 46.16.015(2), that are registered within the boundaries of each emission contributing area. Under such system a motor vehicle shall be inspected biennially except where an annual program would be required



to meet federal law and prevent federal sanctions. In addition, motor vehicles shall be inspected at each change of registered owner of a licensed vehicle as provided under RCW 46.16.015.

       (2) The director shall:

       (a) Adopt procedures for conducting emission inspections of motor vehicles. The inspections may include idle and high revolution per minute emission tests. The emission test for diesel vehicles shall consist solely of a smoke opacity test.

       (b) Adopt criteria for calibrating emission testing equipment. Electronic equipment used to test for emissions standards provided for in this chapter shall be properly calibrated. The department shall examine frequently the calibration of the emission testing equipment used at the stations.

       (c) Authorize, through contracts, the establishment and operation of inspection stations for conducting vehicle emission inspections authorized in this chapter. No person contracted to inspect motor vehicles may perform for compensation repairs on any vehicles. No public body may establish or operate contracted inspection stations. Any contracts must be let in accordance with the procedures established for competitive bids in chapter 43.19 RCW.

       (3) Subsection (2)(c) of this section does not apply to volunteer motor vehicle inspections under RCW 70.120.020(1) if the inspections are conducted for the following purposes:

       (a) Auditing;

       (b) Contractor evaluation;

       (c) Collection of data for establishing calibration and performance standards; or

       (d) Public information and education.

       (4)(a) The director shall establish by rule the fee to be charged for emission inspections. The inspection fee shall be a standard fee applicable state-wide or throughout an emission contributing area and shall be no greater than ((eighteen)) fifteen dollars. Surplus moneys collected from fees over the amount due the contractor shall be paid to the state and deposited in the general fund. Fees shall be set at the minimum whole dollar amount required to (i) compensate the contractor or inspection facility owner, and (ii) offset the general fund appropriation to the department to cover the administrative costs of the motor vehicle emission inspection program.

       (b) Before each inspection, a person whose motor vehicle is to be inspected shall pay to the inspection station the fee established under this section. The person whose motor vehicle is inspected shall receive the results of the inspection. If the inspected vehicle complies with the standards established by the director, the person shall receive a dated certificate of compliance. If the inspected vehicle does not comply with those standards, one reinspection of the vehicle shall be afforded without charge.

       (5) All units of local government and agencies of the state with motor vehicles garaged or regularly operated in an emissions contributing area shall test the emissions of those vehicles annually to ensure that the vehicle's emissions comply with the emission standards established by the director. All state agencies outside of emission contributing areas with more than twenty motor vehicles housed at a single facility or contiguous facilities shall test the emissions of those vehicles annually to ensure that the vehicles' emissions comply with standards established by the director. A report of the results of the tests shall be submitted to the department.

       NEW SECTION. Sec. 5. A new section is added to chapter 70.120 RCW to read as follows:

       The department shall establish a scientific advisory board to review plans to establish or expand the geographic area where an inspection and maintenance system for motor vehicle emissions is required. The board shall consist of three to five members. All members shall have at least a master's degree in physics, chemistry, or engineering, or a closely related field. No member may be a current employee of a local air pollution control authority, the department, the United States environmental protection agency, or a company that may benefit from a review by the board.

       The board shall review an inspection and maintenance plan at the request of a local air pollution control authority, the department, or by a petition of at least fifty people living within the proposed boundaries of a vehicle emission inspection and maintenance system. The entity or entities requesting a scientific review may include specific issues for the board to consider in its review. The board shall limit its review to matters of science and shall not provide advice on penalties or issues that are strictly legal in nature.

       The board shall provide a complete written review to the department. If the board members are not in agreement as to the scientific merit of any issue under review, the board may include a dissenting opinion in its report to the department. The department shall immediately make copies available to the local air pollution control authority and to the public.

       The department shall conduct a public hearing, within the area affected by the proposed rule, if any significant aspect of the rule is in conflict with a majority opinion of the board. The department shall include in its responsiveness summary the rationale for including a rule that is not consistent with the review of the board, including a response to the issues raised at the public hearing.

        Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

       Sec. 6. RCW 46.16.015 and 1991 c 199 s 209 are each amended to read as follows:

       (1) Neither the department of licensing nor its agents may issue or renew a motor vehicle license for any vehicle or change the registered owner of a licensed vehicle, for any vehicle that is required to be inspected under chapter 70.120 RCW, unless the application for issuance or renewal is: (a) Accompanied by a valid certificate of compliance or a valid certificate of acceptance issued pursuant to chapter 70.120 RCW; or (b) exempted from this requirement pursuant to subsection (2) of this section. The certificates must have a date of validation which is within six months of the date of application for the vehicle license or license renewal. Certificates for fleet or owner tested diesel vehicles may have a date of validation which is within twelve months of the assigned license renewal date.

       (2) Subsection (1) of this section does not apply to the following vehicles:

       (a) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale;

       (b) Motor vehicles with a model year of 1967 or earlier;

       (c) Motor vehicles that use propulsion units powered exclusively by electricity;

       (d) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas, unless it is determined that federal sanctions will be imposed as a result of this exemption;

       (e) Motorcycles as defined in RCW 46.04.330 and motor-driven cycles as defined in RCW 46.04.332;

       (f) Farm vehicles as defined in RCW 46.04.181;

       (g) Used vehicles which are offered for sale by a motor vehicle dealer licensed under chapter 46.70 RCW; ((or))

       (h) Classes of motor vehicles exempted by the director of the department of ecology;

       (i) Collector cars as identified by the department of licensing under RCW 46.16.305(1); or

       (j) Beginning January 1, 2000, vehicles that are less than five years old or more than twenty-five years old.

       The provisions of ((subparagraph)) (a) of this subsection may not be construed as exempting from the provisions of subsection (1) of this section applications for the renewal of licenses for motor vehicles that are or have been leased.

       (3) The department of ecology shall provide information to motor vehicle owners regarding the boundaries of emission contributing areas and restrictions established under this section that apply to vehicles registered in such areas. In addition the department of ecology shall provide information to motor vehicle owners on the relationship between motor vehicles and air pollution and steps motor vehicle owners should take to reduce motor vehicle related air pollution. The department of licensing shall send to all registered motor vehicle owners affected by the emission testing program notice that they must have an emission test to renew their registration.

       NEW SECTION. Sec. 7. (1) The department of ecology shall evaluate changes to the motor vehicle emission inspection program made in RCW 46.16.015(2)(j) and other options that meet air quality objectives and lessen the effect of the program on the motorist. The department shall consider air quality, program costs, and motorist convenience in its evaluation and make recommendations for changes to the program to the appropriate standing committees of the legislature by January 1, 1999.

       (2) This section expires June 30, 1999.

       Sec. 8. RCW 70.94.473 and 1995 c 205 s 1 are each amended to read as follows:

       (1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:

       (a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70.94.715 that any air pollution episode exists in that area;

       (b) Not burn wood in any solid fuel burning device except those which are either Oregon department of environmental quality phase II or United States environmental protection agency certified or certified by the department under RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by the United States environmental protection agency in accordance with Title 40, Part 60 of the code of federal regulations, in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by the department or any authority, for that area. A first stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of ((seventy-five)) sixty micrograms per cubic meter measured on a twenty-four hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average; and

       (c) Not burn wood in any solid fuel burning device in a geographical area and for the period of time that a second stage of impaired air quality has been determined by the department or any authority, for that area. A second stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of one hundred five micrograms per cubic meter measured on a twenty-four hour average.

       (2) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991."

       On page 1, line 1 of the title, after "control;" strike the remainder of the title and insert "amending RCW 70.94.130, 70.120.070, 70.120.100, 70.120.170, 46.16.015, and 70.94.473; adding a new section to chapter 70.120 RCW; creating a new section; and providing an expiration date,", and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Morton, Prince; Representatives Schoesler, Pennington.


MOTION


      Senator Morton moved that the Report of the Conference Committee on Second Engrossed Second Substitute House Bill No. 1354 be adopted.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Second Engrossed Second Substitute House Bill No. 1354.

      The motion by Senator Morton carried and the Report of the Conference Committee on Second Engrossed Second Substitute House Bill No. 1354 was adopted.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Second Substitute

House Bill No. 1354, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Second Substitute House Bill No. 1354, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 7; Absent, 0; Excused, 3.

       Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Winsley, Wood and Zarelli - 39.

      Voting nay: Senators Brown, Fraser, Hargrove, Kline, Thibaudeau, West and Wojahn - 7.

       Excused: Senators McAuliffe, Patterson and Roach - 3.                   SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1354, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


REPORT OF CONFERENCE COMMITTEE

SHB 2556                                                                                                                                                                                                                March 11, 1998

Includes “'NEW ITEM”: YES


Making changes concerning the federal child abuse prevention and treatment act

MR. PRESIDENT:

MR. SPEAKER:

       We of your Conference Committee, to whom was referred SUBSTITUTE HOUSE BILL NO. 2556, child abuse prevention/treatment, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 13.34.020 and 1990 c 284 s 31 are each amended to read as follows:

       The legislature declares that the family unit is a fundamental resource of American life which should be nurtured. Toward the continuance of this principle, the legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail. In making reasonable efforts under this chapter, the child's health and safety shall be the paramount concern. The right of a child to basic nurturing includes the right to a safe, stable, and permanent home and a speedy resolution of any proceeding under this chapter.

       Sec. 2. RCW 13.34.130 and 1997 c 280 s 1 are each amended to read as follows:

       If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

       (1) The court shall order one of the following dispositions of the case:

       (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

       (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

       (i) There is no parent or guardian available to care for such child;

       (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

       (iii) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

       (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

       (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds ((it)): (a) Termination is recommended by the supervising agency((, that it)); (b) termination is in the best interests of the child; and (c) that ((it is not reasonable to provide further services to reunify the family)) because of the existence of aggravated circumstances ((make it unlikely that services will effectuate the return of the child to the child's parents in the near future)), reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

       (((a))) (i) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

       (((b))) (ii) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

       (((c))) (iii) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

       (((d))) (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

       (((e))) (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

       (vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

       (((f))) (vii) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

       (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(4)(a);

       (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 23 of this act.

       (3) If reasonable efforts are not ordered under this subsection (3) a permanency plan hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child;

       (4) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

       (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

       (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

       (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

       (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

       (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

       (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

       (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

       (((4))) (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

       (6) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

       (((5))) (7) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

       (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

       (b) If the child is not returned home, the court shall establish in writing:

       (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

       (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

       (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

       (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

       (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

       (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

       (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

       (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

       (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

       Sec. 3. RCW 13.34.145 and 1995 c 311 s 20 and 1995 c 53 s 2 are each reenacted and amended to read as follows:

       (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.

       (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.

       (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

       (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

       (2) Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

       (3)(((a) For children ten and under,)) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

       (((b) For children over ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.))

       (4) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve ((or eighteen)) months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree or guardianship order is entered, or the dependency is dismissed.

       (5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

       (6) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(((5))) (7) and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280 and 13.34.130(7). If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:

       (a)(i) Order the permanency plan prepared by the agency to be implemented; or

       (ii) Modify the permanency plan, and order implementation of the modified plan; and

       (b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

       (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

       (7) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(((5))) (7), and the court shall determine the need for continued intervention.

       (8) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

       (9) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(((5))) (7), until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

       (10) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

       (11) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.

       (12) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

       Sec. 4. RCW 13.34.180 and 1997 c 280 s 2 are each amended to read as follows:

       A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege:

       (1) That the child has been found to be a dependent child under RCW 13.34.030(4); and

       (2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and

       (3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(4); and

       (4) That the services ordered under RCW 13.34.130 have been expressly and understandably offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided; and

       (5) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been clearly offered or provided. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:

       (a) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or

       (b) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; and

       (6) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home; or

       (7) In lieu of the allegations in subsections (1) through (6) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found; or

       (8) In lieu of the allegations in subsections (2) through (6) of this section, the petition may allege that the parent has been found by a court of competent jurisdiction:

       (a) To have committed, against another child of such parent, murder in the first degree, murder in the second degree, or homicide by abuse as defined in chapter 9A.32 RCW;

       (b) To have committed, against another child of such parent, manslaughter in the first degree or manslaughter in the second degree, as defined in chapter 9A.32 RCW;

       (c) To have attempted, conspired, or solicited to commit one or more of the crimes listed in (a) or (b) of this subsection; or

       (d) To have committed assault in the first or second degree, as defined in chapter 9A.36 RCW, against the surviving child or another child of the parent.

       ((A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been offered or provided.))

       Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:

"NOTICE

A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.

1. You have the right to a fact-finding hearing before a judge.

2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:    (explain local procedure)   .

3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

You should be present at this hearing.

You may call    (insert agency)    for more information about your child. The agency's name and telephone number are    (insert name and telephone number)   ."

       Sec. 5. RCW 13.34.190 and 1993 c 412 s 3 are each amended to read as follows:

       After hearings pursuant to RCW 13.34.110, the court may enter an order terminating all parental rights to a child if the court finds that:

       (1)(a) The allegations contained in the petition as provided in RCW 13.34.180 (1) through (6) are established by clear, cogent, and convincing evidence; or

       (((2))) (b) RCW 13.34.180 (3) and (4) may be waived because the allegations under RCW 13.34.180 (1), (2), (5), and (6) are established beyond a reasonable doubt and when an infant has been abandoned, as defined in RCW 13.34.030, the abandonment has been proved beyond a reasonable doubt; or

       (((3))) (c) The allegation under RCW 13.34.180(7) is established beyond a reasonable doubt. In determining whether RCW 13.34.180 (5) and (6) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in RCW 13.34.130(2) exist; or

       (d) The allegation under RCW 13.34.180(8) is established beyond a reasonable doubt; and

       (((4))) (2) Such an order is in the best interests of the child.

       Sec. 6. RCW 74.15.130 and 1995 c 302 s 5 are each amended to read as follows:

       (1) An agency may be denied a license, or any license issued pursuant to chapter 74.15 RCW and RCW 74.13.031 may be suspended, revoked, modified, or not renewed by the secretary upon proof (a) that the agency has failed or refused to comply with the provisions of chapter 74.15 RCW and RCW 74.13.031 or the requirements promulgated pursuant to the provisions of chapter 74.15 RCW and RCW 74.13.031; or (b) that the conditions required for the issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

       (2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of a foster family home license, the department's decision shall be upheld if there is reasonable cause to believe that:

       (a) The applicant or licensee lacks the character, suitability, or competence to care for children placed in out-of-home care, however, no unfounded report of child abuse or neglect may be used to deny employment or a license;

       (b) The applicant or licensee has failed or refused to comply with any provision of chapter 74.15 RCW, RCW 74.13.031, or the requirements adopted pursuant to such provisions; or

       (c) The conditions required for issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses.

       (3) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, other than a foster family home license, the department's decision shall be upheld if it is supported by a preponderance of the evidence.

       (4) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under the provisions of this chapter and RCW 74.13.031 or that an agency subject to licensing under this chapter and RCW 74.13.031 is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home. Monetary penalties levied against unlicensed agencies that submit an application for licensure within thirty days of notification and subsequently become licensed will be forgiven. These penalties may be assessed in addition to or in lieu of other disciplinary actions. Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day an agency is or was out of compliance. Civil monetary penalties shall not exceed seventy-five dollars per violation for a family day-care home and two hundred fifty dollars per violation for group homes, child day-care centers, and child-placing agencies. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty. The department shall provide a notification period before a monetary penalty is effective and may forgive the penalty levied if the agency comes into compliance during this period. The department may suspend, revoke, or not renew a license for failure to pay a civil monetary penalty it has assessed pursuant to this chapter within ten days after such assessment becomes final. Chapter 43.20A RCW governs notice of a civil monetary penalty and provides the right of an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.

       Sec. 7. RCW 26.44.020 and 1997 c 386 s 45, 1997 c 386 s 24, 1997 c 282 s 4, and 1997 c 132 s 2 are each reenacted and amended to read as follows:

       For the purpose of and as used in this chapter:

       (1) "Court" means the superior court of the state of Washington, juvenile department.

       (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

       (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.

       (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

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

       (6) "Child" or "children" means any person under the age of eighteen years of age.

       (7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

       (8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

       (9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

       (10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

       (11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

       (12) "Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined herein.

       (13) "Child protective services section" shall mean the child protective services section of the department.

       (14) "Adult dependent persons" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW.

       (15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

       (16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety. The fact that siblings share a bedroom is not, in and of itself, "negligent treatment or maltreatment."

       (17) "Developmentally disabled person" means a person who has a disability defined in RCW 71A.10.020.

       (18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

       (19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.

       (20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth."

       (21) "Unfounded" means available ((evidence)) information indicates that, more likely than not, child abuse or neglect did not occur.

       Sec. 8. RCW 26.44.100 and 1997 c 282 s 2 are each amended to read as follows:

       (1) The legislature finds parents and children often are not aware of their due process rights when agencies are investigating allegations of child abuse and neglect. The legislature reaffirms that all citizens, including parents, shall be afforded due process, that protection of children remains the priority of the legislature, and that this protection includes protecting the family unit from unnecessary disruption. To facilitate this goal, the legislature wishes to ensure that parents and children be advised in writing and orally, if feasible, of their basic rights and other specific information as set forth in this chapter, provided that nothing contained in this chapter shall cause any delay in protective custody action.

       (2) The department shall notify the alleged perpetrator of the allegations of child abuse and neglect at the earliest possible point in the investigation that will not jeopardize the safety and protection of the child or the investigation process.

       Whenever the department completes an investigation of a child abuse or neglect report under chapter 26.44 RCW, the department shall notify the alleged perpetrator of the report and the department's investigative findings. The notice shall also advise the alleged perpetrator that:

       (a) A written response to the report may be provided to the department and that such response will be filed in the record following receipt by the department;

       (b) Information in the department's record may be considered in subsequent investigations or proceedings related to child protection or child custody;

       (c) ((There is currently information in the department's record that may)) Founded reports of child abuse and neglect may be considered in determining ((that)) whether the person is disqualified from being licensed to provide child care, employed by a licensed child care agency, or authorized by the department to care for children; and

       (d) ((A person who has demonstrated a good-faith desire to work in a licensed agency may request an informal meeting with the department to have an opportunity to discuss and contest the information currently in the record.)) An alleged perpetrator named in a founded report of child abuse or neglect has the right to seek review of the finding as provided in this chapter.

       (3) The notification required by this section shall be made by ((regular)) certified mail, return receipt requested, to the person's last known address.

       (4) The duty of notification created by this section is subject to the ability of the department to ascertain the location of the person to be notified. The department shall exercise reasonable, good-faith efforts to ascertain the location of persons entitled to notification under this section.

       NEW SECTION. Sec. 9. A new section is added to chapter 26.44 RCW to read as follows:

       (1) A person who is named as an alleged perpetrator after October 1, 1998, in a founded report of child abuse or neglect has the right to seek review and amendment of the finding as provided in this section.

       (2) Within twenty calendar days after receiving written notice from the department under RCW 26.44.100 that a person is named as an alleged perpetrator in a founded report of child abuse or neglect, he or she may request that the department review the finding. The request must be made in writing. If a request for review is not made as provided in this subsection, the alleged perpetrator may not further challenge the finding and shall have no right to agency review or to an adjudicative hearing or judicial review of the finding.

       (3) Upon receipt of a written request for review, the department shall review and, if appropriate, may amend the finding. Management level staff within the children's administration designated by the secretary shall be responsible for the review. The review must be conducted in accordance with procedures the department establishes by rule. Upon completion of the review, the department shall notify the alleged perpetrator in writing of the agency's determination. The notification must be sent by certified mail, return receipt requested, to the person's last known address.

       (4) If, following agency review, the report remains founded, the person named as the alleged perpetrator in the report may request an adjudicative hearing to contest the finding. The adjudicative proceeding is governed by chapter 34.05 RCW and this section. The request for an adjudicative proceeding must be filed within thirty calendar days after receiving notice of the agency review determination. If a request for an adjudicative proceeding is not made as provided in this subsection, the alleged perpetrator may not further challenge the finding and shall have no right to agency review or to an adjudicative hearing or judicial review of the finding.

       (5) Reviews and hearings conducted under this section are confidential and shall not be open to the public. Information about reports, reviews, and hearings may be disclosed only in accordance with federal and state laws pertaining to child welfare records and child protective services reports.

       (6) The department may adopt rules to implement this section.

       Sec. 10. RCW 74.13.031 and 1997 c 386 s 32 and 1997 c 272 s 1 are each reenacted and amended to read as follows:

       The department shall have the duty to provide child welfare services and shall:

       (1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

       (2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually report to the governor and the legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285. The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

       (3) Investigate complaints of ((alleged neglect, abuse, or abandonment of children)) any recent act or failure to act on the part of a parent or caretaker that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime against a child may have been committed, the department shall notify the appropriate law enforcement agency.

       (4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

       (5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report measuring the extent to which the department achieved the specified goals to the governor and the legislature.

       (6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

       (7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

       (8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

       (9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.

       (10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

       (11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

       Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

       Sec. 11. RCW 70.190.010 and 1996 c 132 s 2 are each amended to read as follows:

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

       (1) "Administrative costs" means the costs associated with procurement; payroll processing; personnel functions; management; maintenance and operation of space and property; data processing and computer services; accounting; budgeting; auditing; indirect costs; and organizational planning, consultation, coordination, and training.

       (2) "Assessment" has the same meaning as provided in RCW 43.70.010.

       (3) "At-risk" children are children who engage in or are victims of at-risk behaviors.

       (4) "At-risk behaviors" means violent delinquent acts, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence.

       (5) "Community public health and safety networks" or "networks" means the organizations authorized under RCW 70.190.060.

       (6) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported by local residents.

       (7) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.

       (8) "Family policy council" or "council" means the superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees, ((one)) two legislators from each caucus of the senate and house of representatives, and one representative of the governor.

       (9) "Fiduciary interest" means (a) the right to compensation from a health, educational, social service, or justice system organization that receives public funds, or (b) budgetary or policy-making authority for an organization listed in (a) of this subsection. A person who acts solely in an advisory capacity and receives no compensation from a health, educational, social service, or justice system organization, and who has no budgetary or policy-making authority is deemed to have no fiduciary interest in the organization.

       (10) "Outcome" or "outcome based" means defined and measurable outcomes used to evaluate progress in reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.

       (11) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a network. The network's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match. State general funds shall not be used as a match for violence reduction and drug enforcement account funds created under RCW 69.50.520.

       (12) "Policy development" has the same meaning as provided in RCW 43.70.010.

       (13) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.

       (14) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence.

       Sec. 12. RCW 70.190.060 and 1996 c 132 s 3 are each amended to read as follows:

       (1) The legislature authorizes community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks have only those powers and duties expressly authorized under this chapter. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.

       (2) A group of persons described in subsection (3) of this section may apply to be a community public health and safety network.

       (3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens who live within the network boundary with no fiduciary interest. In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations. The thirteen persons shall be selected as follows: Three by chambers of commerce, three by school board members, three by county legislative authorities, three by city legislative authorities, and one high school student, selected by student organizations. The remaining ten members shall live or work within the network boundary and shall include local representation selected by the following groups and entities: Cities; counties; federally recognized Indian tribes; parks and recreation programs; law enforcement agencies; state children's service workers; employment assistance workers; private social service providers, broad-based nonsecular organizations, or health service providers; and public education.

       (4) Each of the twenty-three people who are members of each community public health and safety network must sign an annual declaration under penalty of perjury or a notarized statement that clearly, in plain and understandable language, states whether or not he or she has a fiduciary interest. If a member has a fiduciary interest, the nature of that interest must be made clear, in plain understandable language, on the signed statement.

       (5) Members of the network shall serve terms of three years.

       The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.

       (((5))) (6) Not less than sixty days before the expiration of a network member's term, the chair shall submit the name of a nominee to the network for its approval. The network shall comply with subsection (3) of this section.

       (((6))) (7) Networks are subject to the open public meetings act under chapter 42.30 RCW and the public records provisions of RCW 42.17.270 through 42.17.310.

       Sec. 13. RCW 70.190.130 and 1996 c 132 s 8 are each amended to read as follows:

       (1) The council shall only disburse funds to a network after a comprehensive plan has been prepared by the network and approved by the council. In approving the plan the council shall consider whether the network:

       (a) Promoted input from the widest practical range of agencies and affected parties, including public hearings;

       (b) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;

       (c) Obtained a declaration by the largest health department within the network boundary, indicating whether the plan meets minimum standards for assessment and policy development relating to social development according to RCW 43.70.555;

       (d) Included a specific mechanism of data collection and transmission based on the rules established under RCW 43.70.555;

       (e) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development;

       (f) Considered youth employment and job training programs outlined in this chapter as a strategy to reduce the rate of at-risk children and youth;

       (g) Integrated local programs that met the network's priorities and were deemed successful by the network;

       (h) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, dropping out of school, child abuse or neglect, and domestic violence; and

       (i) Held a public hearing on its proposed comprehensive plan and submitted to the council all of the written comments received at the hearing and a copy of the minutes taken at the hearing.

       (2) The council may establish a maximum amount to be expended by a network for purposes of planning and administrative duties, that shall not, in total, exceed ten percent of funds available to a network. The council shall make recommendations to the legislature regarding the specific maximum amounts that can be spent by a network or group of networks on planning and administrative duties. The recommendation may provide differing percentages, considering the size of the budgets of each network and giving consideration to whether there should be a higher percentage for administrative and planning purposes in budgets for smaller networks and a smaller percentage of the budgets for administration and planning purposes in larger networks.

       (3) The council may determine that a network is not in compliance with this chapter if it fails to comply with statutory requirements. Upon a determination of noncompliance, the council may suspend or revoke a network's status or contract and specify a process and deadline for the network's compliance.

       NEW SECTION. Sec. 14. The legislature finds that it is critically important to the basic nurture, health, and safety of children that the state examine a state-wide program relating to child abuse and neglect that includes citizen review panels as required by the federal child abuse prevention and treatment act, 42 U.S.C. Sec. 5106a.            NEW SECTION. Sec. 15. The Washington state institute for public policy shall conduct, or contract for, a study regarding the creation of citizen review panels to meet the requirements of federal law, and located independent of the department of social and health services. The study shall include an examination of a system of independent citizen review panels to:

       (1) Examine the policies and procedures of state agencies and, where appropriate, specific cases, to evaluate the extent to which the agencies are effectively discharging their child protection responsibilities according to the state law and the state plan required under 42 U.S.C. Sec. 5106a.

       (2) Examine child protection standards set forth in the federal and state law.

       (3) Examine any other criteria that the panel considers important to ensure the protection of children, including a review of the extent to which the state child protective services system is coordinated with the foster care and adoption programs established under part E, Title IV of the Social Security Act.

       (4) Examine whether the panels should report possible criminal activity to the local prosecuting attorney in the county in which the case resides.

       (5) Examine whether, if the panel finds possible civil infractions, whether the findings should be turned over to the aggrieved individual, if the conditions set forth in RCW 74.13.500 through 74.13.525 are met, and who should turn the findings over, and whether the individual should be awarded attorneys' fees, costs, damages, including punitive damages, if the individual prevails in court.

       The study shall include an examination of the barriers to broad access to information, whether the panels should have access to the information and specific recommendations on how the panels can obtain access to such information from the department of social and health services, criminal justice agencies, law enforcement, schools, and medical providers, and other sources that have relevant information, including reports and records made and maintained by the department and its contracting agencies, while preserving the confidentiality of the records.

       The study shall also include a review of the department of social and health services' current committees and teams that have citizen membership and participation, to determine whether any of these committees and teams should be consolidated.

       An interim report of the study shall be submitted to the legislative children's oversight committee by September 15, 1998. The final study and recommendations shall be submitted to the appropriate committees of the house of representatives and the senate by December 1, 1998.

       NEW SECTION. Sec. 16. The sum of twelve thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to The Evergreen State College for the Washington state institute for public policy for the purposes of sections 14 and 15 of this act.

       Sec. 17. RCW 70.47.060 and 1997 c 337 s 2, 1997 c 335 s 2, 1997 c 245 s 6, and 1997 c 231 s 206 are each reenacted and amended to read as follows:

       The administrator has the following powers and duties:

       (1) To design and from time to time revise a schedule of covered basic health care services, including physician services, inpatient and outpatient hospital services, prescription drugs and medications, and other services that may be necessary for basic health care. In addition, the administrator may, to the extent that funds are available, offer as basic health plan services chemical dependency services, mental health services and organ transplant services; however, no one service or any combination of these three services shall increase the actuarial value of the basic health plan benefits by more than five percent excluding inflation, as determined by the office of financial management. All subsidized and nonsubsidized enrollees in any participating managed health care system under the Washington basic health plan shall be entitled to receive covered basic health care services in return for premium payments to the plan. The schedule of services shall emphasize proven preventive and primary health care and shall include all services necessary for prenatal, postnatal, and well-child care. However, with respect to coverage for groups of subsidized enrollees who are eligible to receive prenatal and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not contract for such services except to the extent that such services are necessary over not more than a one-month period in order to maintain continuity of care after diagnosis of pregnancy by the managed care provider. The schedule of services shall also include a separate schedule of basic health care services for children, eighteen years of age and younger, for those subsidized or nonsubsidized enrollees who choose to secure basic coverage through the plan only for their dependent children. In designing and revising the schedule of services, the administrator shall consider the guidelines for assessing health services under the mandated benefits act of 1984, RCW ((48.42.080)) 48.47.030, and such other factors as the administrator deems appropriate.

       However, with respect to coverage for subsidized enrollees who are eligible to receive prenatal and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not contract for such services except to the extent that the services are necessary over not more than a one-month period in order to maintain continuity of care after diagnosis of pregnancy by the managed care provider.

       (2)(a) To design and implement a structure of periodic premiums due the administrator from subsidized enrollees that is based upon gross family income, giving appropriate consideration to family size and the ages of all family members. The enrollment of children shall not require the enrollment of their parent or parents who are eligible for the plan. The structure of periodic premiums shall be applied to subsidized enrollees entering the plan as individuals pursuant to subsection (9) of this section and to the share of the cost of the plan due from subsidized enrollees entering the plan as employees pursuant to subsection (10) of this section.

       (b) To determine the periodic premiums due the administrator from nonsubsidized enrollees. Premiums due from nonsubsidized enrollees shall be in an amount equal to the cost charged by the managed health care system provider to the state for the plan plus the administrative cost of providing the plan to those enrollees and the premium tax under RCW 48.14.0201.

       (c) An employer or other financial sponsor may, with the prior approval of the administrator, pay the premium, rate, or any other amount on behalf of a subsidized or nonsubsidized enrollee, by arrangement with the enrollee and through a mechanism acceptable to the administrator.

       (d) To develop, as an offering by every health carrier providing coverage identical to the basic health plan, as configured on January 1, 1996, a basic health plan model plan with uniformity in enrollee cost-sharing requirements.

       (3) To design and implement a structure of enrollee cost sharing due a managed health care system from subsidized and nonsubsidized enrollees. The structure shall discourage inappropriate enrollee utilization of health care services, and may utilize copayments, deductibles, and other cost-sharing mechanisms, but shall not be so costly to enrollees as to constitute a barrier to appropriate utilization of necessary health care services.

       (4) To limit enrollment of persons who qualify for subsidies so as to prevent an overexpenditure of appropriations for such purposes. Whenever the administrator finds that there is danger of such an overexpenditure, the administrator shall close enrollment until the administrator finds the danger no longer exists.

       (5) To limit the payment of subsidies to subsidized enrollees, as defined in RCW 70.47.020. The level of subsidy provided to persons who qualify may be based on the lowest cost plans, as defined by the administrator.

       (6) To adopt a schedule for the orderly development of the delivery of services and availability of the plan to residents of the state, subject to the limitations contained in RCW 70.47.080 or any act appropriating funds for the plan.

       (7) To solicit and accept applications from managed health care systems, as defined in this chapter, for inclusion as eligible basic health care providers under the plan. The administrator shall endeavor to assure that covered basic health care services are available to any enrollee of the plan from among a selection of two or more participating managed health care systems. In adopting any rules or procedures applicable to managed health care systems and in its dealings with such systems, the administrator shall consider and make suitable allowance for the need for health care services and the differences in local availability of health care resources, along with other resources, within and among the several areas of the state. Contracts with participating managed health care systems shall ensure that basic health plan enrollees who become eligible for medical assistance may, at their option, continue to receive services from their existing providers within the managed health care system if such providers have entered into provider agreements with the department of social and health services.

       (8) To receive periodic premiums from or on behalf of subsidized and nonsubsidized enrollees, deposit them in the basic health plan operating account, keep records of enrollee status, and authorize periodic payments to managed health care systems on the basis of the number of enrollees participating in the respective managed health care systems.

       (9) To accept applications from individuals residing in areas served by the plan, on behalf of themselves and their spouses and dependent children, for enrollment in the Washington basic health plan as subsidized or nonsubsidized enrollees, to establish appropriate minimum-enrollment periods for enrollees as may be necessary, and to determine, upon application and on a reasonable schedule defined by the authority, or at the request of any enrollee, eligibility due to current gross family income for sliding scale premiums. Funds received by a family as part of participation in the adoption support program authorized under RCW 26.33.320 and 74.13.100 through 74.13.145 shall not be counted toward a family's current gross family income for the purposes of this chapter. No subsidy may be paid with respect to any enrollee whose current gross family income exceeds twice the federal poverty level or, subject to RCW 70.47.110, who is a recipient of medical assistance or medical care services under chapter 74.09 RCW. If, as a result of an eligibility review, the administrator determines that a subsidized enrollee's income exceeds twice the federal poverty level and that the enrollee knowingly failed to inform the plan of such increase in income, the administrator may bill the enrollee for the subsidy paid on the enrollee's behalf during the period of time that the enrollee's income exceeded twice the federal poverty level. If a number of enrollees drop their enrollment for no apparent good cause, the administrator may establish appropriate rules or requirements that are applicable to such individuals before they will be allowed to reenroll in the plan.

       (10) To accept applications from business owners on behalf of themselves and their employees, spouses, and dependent children, as subsidized or nonsubsidized enrollees, who reside in an area served by the plan. The administrator may require all or the substantial majority of the eligible employees of such businesses to enroll in the plan and establish those procedures necessary to facilitate the orderly enrollment of groups in the plan and into a managed health care system. The administrator may require that a business owner pay at least an amount equal to what the employee pays after the state pays its portion of the subsidized premium cost of the plan on behalf of each employee enrolled in the plan. Enrollment is limited to those not eligible for medicare who wish to enroll in the plan and choose to obtain the basic health care coverage and services from a managed care system participating in the plan. The administrator shall adjust the amount determined to be due on behalf of or from all such enrollees whenever the amount negotiated by the administrator with the participating managed health care system or systems is modified or the administrative cost of providing the plan to such enrollees changes.

       (11) To determine the rate to be paid to each participating managed health care system in return for the provision of covered basic health care services to enrollees in the system. Although the schedule of covered basic health care services will be the same for similar enrollees, the rates negotiated with participating managed health care systems may vary among the systems. In negotiating rates with participating systems, the administrator shall consider the characteristics of the populations served by the respective systems, economic circumstances of the local area, the need to conserve the resources of the basic health plan trust account, and other factors the administrator finds relevant.

       (12) To monitor the provision of covered services to enrollees by participating managed health care systems in order to assure enrollee access to good quality basic health care, to require periodic data reports concerning the utilization of health care services rendered to enrollees in order to provide adequate information for evaluation, and to inspect the books and records of participating managed health care systems to assure compliance with the purposes of this chapter. In requiring reports from participating managed health care systems, including data on services rendered enrollees, the administrator shall endeavor to minimize costs, both to the managed health care systems and to the plan. The administrator shall coordinate any such reporting requirements with other state agencies, such as the insurance commissioner and the department of health, to minimize duplication of effort.

       (13) To evaluate the effects this chapter has on private employer-based health care coverage and to take appropriate measures consistent with state and federal statutes that will discourage the reduction of such coverage in the state.

       (14) To develop a program of proven preventive health measures and to integrate it into the plan wherever possible and consistent with this chapter.

       (15) To provide, consistent with available funding, assistance for rural residents, underserved populations, and persons of color.

       (16) In consultation with appropriate state and local government agencies, to establish criteria defining eligibility for persons confined or residing in government-operated institutions.

       NEW SECTION. Sec. 18. The legislature finds that all children have the right to be born healthy and free of the consequences of substance abuse by the mother during pregnancy. Individuals who abuse substances are unable to make reasoned decisions that help ensure the birth of a healthy infant. The availability of long-term pharmaceutical birth control, when combined with other treatment regimens, may allow women to regain control of their lives and make long-term decisions in the best interest of themselves and their children. The legislature finds that it may be unreasonable to continue efforts to reunify the family when a mother has given birth to a third or subsequent infant affected by her substance abuse.

       NEW SECTION. Sec. 19. A new section is added to chapter 13.34 RCW to read as follows:

       (1) A physician licensed under chapter 18.71 or 18.57 RCW, or an advanced registered nurse practitioner under chapter 18.79 RCW, primarily responsible for the care of a newborn infant, who has reasonable cause to believe the infant has been exposed to nonprescription use of controlled substances shall: (a) Conduct reasonably available and appropriate tests to determine whether the infant is drug-affected; (b) notify the department of the name and address of the parent or parents of the infant who is drug-affected; and (c) retain the infant in the birthing facility for medical treatment or place the infant in appropriate pediatric interim care services with the concurrence of the department for sufficient time for the infant to undergo withdrawal from the effects of the controlled substances. The withdrawal shall be under the supervision of appropriate health care professionals.

       (2) The physician or nurse practitioner who was responsible for the birth shall, as soon as practical, inform the mother of a drug-affected infant of: (a) The availability of publicly funded tubal ligation surgery as provided under section 34 of this act; (b) available drug treatment and counseling; and (c) birth control counseling and education. The mother may accept the offer of a tubal ligation up to six months following its tender.

       (3) A physician or nurse practitioner who makes any determination under this section shall not be liable in any cause of action as a result of his or her determination except for acts of gross negligence or intentional misconduct.

       (4) For the purpose of this section, "newborn infant" means an infant within seven days after birth.

       (5) This section expires June 30, 2002.

       NEW SECTION. Sec. 20. A new section is added to chapter 13.34 RCW to read as follows:

       (1) The department, upon receipt of a report under section 19 of this act, shall investigate and, in appropriate cases, file a dependency petition. In the event the department does not file a petition, it shall refer the mother to available chemical dependency treatment programs or a model project.

       (2) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis or be referred to a model project created under section 30 of this act. The agreement must specify completion dates for each of the conditions. All agreements expire twelve months from the date of execution. If the conditions have not been fulfilled at the time the agreement expires, the department shall investigate and in appropriate cases, file a dependency petition.

       (3) If the department and mother enter an agreement under subsection (2) of this section, the department shall, if a dependency petition has been filed, request the court to defer the entry of an order of dependency for as long as the mother remains in treatment or enrolled in the model project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a model project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.

       (4) This section expires June 30, 2002.

       NEW SECTION. Sec. 21. A new section is added to chapter 13.34 RCW to read as follows:

       (1) If the department receives a report under section 19 of this act of a mother who has given birth to a second drug-affected infant, the department:

       (a) May request the court to proceed immediately with the entry of a dependency for the first drug-affected infant; and

       (b) Shall investigate and, unless there are compelling reasons to the contrary, file a dependency petition on the second drug-affected infant. If the department does not file a petition, it shall refer the woman to available chemical dependency treatment programs or a model project.

       (2) The department and the mother may enter an agreement in which the mother agrees to: (a) Enter chemical dependency inpatient treatment or a model project, together with an aftercare program that includes participation in a model project when feasible; and (b) medically appropriate pharmaceutical pregnancy prevention that is administered not less than once every thirty days. The selection of the pregnancy prevention method shall be based on an evaluation of the medical and physical consequences to the mother and shall remain in effect until the dependency petition is dismissed or the court determines it is no longer medically appropriate. The agreement must specify completion dates for each of the conditions. All agreements expire twelve months from the date of execution. If the conditions have not been fulfilled at the time the agreement expires, the department shall investigate and in appropriate cases, file a dependency petition.

       (3) If the department and the mother enter an agreement under subsection (2) of this section, the department shall, if a dependency petition has been filed, request the court to defer the entry of an order of dependency on the second drug-affected infant for as long as the mother remains in treatment or enrolled in the model project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a model project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.

       (4) This section expires June 30, 2002.

       NEW SECTION. Sec. 22. A new section is added to chapter 13.34 RCW to read as follows:

       (1) The department may request the court to dismiss the petition deferred under section 20 or 21 of this act at any time. No petition may be vacated or dismissed unless the mother demonstrates by clear and convincing evidence that she has not used controlled substances in a nonprescription manner for at least twelve consecutive months and can safely provide for the child's welfare without continuing supervision by the department or court.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 23. A new section is added to chapter 13.34 RCW to read as follows:

       (1) If the department receives a report under section 19 of this act of a mother who has given birth to a third or subsequent drug-affected infant, the department shall:

       (a) Request the court to proceed immediately with the entry of a finding of dependency on all drug-affected children born before the third or subsequent birth unless an order of dependency has been vacated or dismissed; and

       (b) File a dependency petition on any drug-affected infant subject to this section as well as any other child born before the third or subsequent birth of a drug-affected infant.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 24. A new section is added to chapter 13.34 RCW to read as follows:

       (1) Following a filing of a petition under section 23 of this act:

       (a) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020 who shall undertake the processes described in RCW 70.96A.140.

       (b) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient treatment and any aftercare program for controlled substances ordered by the court.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 25. By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement this act, including a definition of "drug-affected infant," which shall be limited to infants who are affected by a mother's nonprescription use of controlled substances.

       NEW SECTION. Sec. 26. A new section is added to chapter 13.34 RCW to read as follows:

       (1) A physician licensed under chapter 18.71 or 18.57 RCW, or an advanced registered nurse practitioner under chapter 18.79 RCW, primarily responsible for the care of a newborn infant, who has reasonable cause to believe the infant has been physiologically affected by the mother's alcohol abuse during her pregnancy shall: (a) Conduct reasonably available and appropriate tests to determine whether the infant is alcohol-affected; (b) notify the department of the name and address of the parent or parents of the infant who is alcohol-affected; and (c) retain the infant in the birthing facility for medical treatment or place the infant in appropriate pediatric interim care services with the concurrence of the department for sufficient time for the infant to undergo withdrawal from the effects of the alcohol. The withdrawal shall be under the supervision of appropriate medical professionals.

       (2) The physician or nurse practitioner who was responsible for the birth shall, as soon as practical, inform the mother of an alcohol-affected infant of: (a) The availability of publicly funded tubal ligation surgery as provided under section 35 of this act; (b) available alcohol treatment and counseling; and (c) birth control counseling and education. The mother may accept the offer of a tubal ligation up to six months following its tender.

       (3) A physician or nurse practitioner who makes any determination under this section shall not be liable in any cause of action as a result of his or her determination except for acts of gross negligence or intentional misconduct.

       (4) For the purposes of this section, "newborn infant" means an infant within seven days after birth.

       (5) This section expires June 30, 2002.

       NEW SECTION. Sec. 27. A new section is added to chapter 13.34 RCW to read as follows:

       (1) The department, upon receipt of a report under section 26 of this act, shall investigate and, in appropriate cases, file a dependency petition. In the event the department does not file a petition, it shall refer the mother to available alcohol dependency treatment programs or a model project.

       (2) The department and the mother may enter an agreement in which the mother agrees to alcohol treatment on an inpatient or outpatient basis or be referred to a model project created under section 30 of this act. The agreement must specify completion dates for each of the conditions. All agreements expire twelve months from the date of execution. If the conditions have not been fulfilled at the time the agreement expires, the department shall investigate and in appropriate cases, file a dependency petition.

       (3) If the department and mother enter an agreement under subsection (2) of this section, the department shall, if a dependency petition has been filed, request the court to defer the entry of an order of dependency for as long as the mother remains in treatment or enrolled in the model project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a model project and prohibit alcohol abuse. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.

       (4) This section expires June 30, 2002.

       NEW SECTION. Sec. 28. A new section is added to chapter 13.34 RCW to read as follows:

       (1) The department may request the court to dismiss the petition deferred under section 27 of this act at any time. No petition may be vacated or dismissed unless the mother demonstrates by clear and convincing evidence that she has not abused alcohol for at least twelve consecutive months and can safely provide for the child's welfare without continuing supervision by the department or court.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 29. By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement this act, including a definition of "alcohol-affected infant," which shall be limited to infants who are affected by a mother's abuse of alcohol.

       NEW SECTION. Sec. 30. To the extent funds are appropriated, the department shall operate a model project to provide services to women who give birth to infants exposed to the nonprescription use of controlled substances or abuse of alcohol by the mother during pregnancy. Within available funds, the project may be offered in one site in each of the three department's administrative regions that have the highest incidence of drug-affected or alcohol-affected infants annually. The project shall accept women referred to it by the department following the birth of a drug-affected or alcohol-affected infant. The model project shall be concluded by July 1, 2002.

       NEW SECTION. Sec. 31. To the extent funds are appropriated, the institute for public policy shall study the cost-effectiveness of this act and report to the governor and legislature not later than January 1, 2002. The study shall measure the reduction in the birth rate of drug-affected infants among women and shall compare the reduction with the rate of birth of drug-affected infants born to women referred to chemical dependency treatment programs. The study shall identify the factors that promote or discourage the ability of women to avoid giving birth to drug-affected infants.

       NEW SECTION. Sec. 32. To the extent funds are appropriated, the institute for public policy study referenced in section 31 of this act shall include alcohol-affected births.

       NEW SECTION. Sec. 33. A new section is added to chapter 70.96A RCW to read as follows:

       (1) Any treatment program or model project in which a mother is enrolled under sections 20 through 22 of this act shall provide family planning, which means the process of limiting or spacing the birth of children, education, counseling, information, and services. Family planning does not include pregnancy termination.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 34. A new section is added to chapter 74.09 RCW to read as follows:

       The department may make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under section 20 or 21 of this act. Within available funds, the department may pay for any tubal ligations requested under section 19 of this act if the mother's income is less than two hundred percent of the federal poverty level. The department shall report by December 1st of each year to the governor and legislature: (1) The number of tubal ligations performed as a result of chapter . . ., Laws of 1998 (this act); (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.

       NEW SECTION. Sec. 35. A new section is added to chapter 74.09 RCW to read as follows:

       The department may make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under section 27 of this act. Within available funds, the department may pay for any tubal ligations requested under section 26 of this act if the mother's income is less than two hundred percent of the federal poverty level. The department shall report by December 1st of each year to the governor and legislature: (1) The number of tubal ligations performed as a result of chapter . . ., Laws of 1998 (this act); (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.

       NEW SECTION. Sec. 36. A new section is added to chapter 18.71 RCW to read as follows:

       (1) Nothing in section 19 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 33 and 34 of this act.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 37. A new section is added to chapter 18.57 RCW to read as follows:

       (1) Nothing in section 19 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an osteopath licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 33 and 34 of this act.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 38. A new section is added to chapter 18.79 RCW to read as follows:

       (1) Nothing in section 19 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an advanced registered nurse practitioner licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 33 and 34 of this act.

       (2) This section expires June 30, 2002.

       Sec. 39. RCW 13.34.070 and 1993 c 358 s 1 are each amended to read as follows:

       (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. In cases where an infant has been affected by the mother's substance abuse, exceptional reasons for a continuance exist if the mother and the department have executed an agreement that will take more than seventy-five days to fulfill. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances do exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.

       (2) A copy of the petition shall be attached to each summons.

       (3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or (([her])) her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.

       (4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.

       (5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

       (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.

       (7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:

NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.

       (8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy thereof by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

       (9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department of social and health services social worker.

       (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.

       NEW SECTION. Sec. 40. (1) The departments of health and social and health services, shall develop a comprehensive plan for providing services to mothers who (a) have delivered a drug or alcohol exposed or affected infant, and (b) meet the definition of at-risk eligible persons in RCW 74.09.790 and who have a child up to three years of age. The services to be provided by the plan will include those defined in RCW 74.09.790. The plan shall provide for the coordination of services through community-based programs and among: (a) The departments; (b) the departments' divisions; and (c) other state agencies. The plan shall include recommendations to the legislature for implementing the plan and any alternative methods for addressing the needs of these mothers and their children.

       (2) In developing the plan, the department of health shall inventory the community-based programs that may be accessed to provide services to these mothers and their children; evaluate implementing services for these mothers through extension of the maternity care access system; and evaluate the fiscal impact of the plan. In performing the fiscal evaluation, the department shall calculate potential long-term cost savings to the state resulting from reduced use of the medical, juvenile justice, public assistance, and dependency systems by children and mothers receiving services under the plan.

       (3) The department shall submit a report describing the plan to the appropriate committees of the house of representatives and senate by November 1, 1998.

       NEW SECTION. Sec. 41. A new section is added to chapter 70.96A RCW to read as follows:

       (1) Any treatment program or model project in which a mother is enrolled under section 27 of this act shall provide family planning, which means the process of limiting or spacing the birth of children, education, counseling, information, and services. Family planning does not include pregnancy termination.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 42. A new section is added to chapter 18.71 RCW to read as follows:

       (1) Nothing in section 26 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 35 and 41 of this act.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 43. A new section is added to chapter 18.57 RCW to read as follows:

       (1) Nothing in section 26 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an osteopath licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 35 and 41 of this act.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 44. A new section is added to chapter 18.79 RCW to read as follows:

       (1) Nothing in section 26 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an advanced registered nurse practitioner licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 35 and 41 of this act.

       (2) This section expires June 30, 2002.

       NEW SECTION. Sec. 45. Section 9 of this act takes effect October 1, 1998.

       NEW SECTION. Sec. 46. Sections 18 through 24, 26 through 28, 30 through 39, and 41 through 44 of this act take effect January 1, 1999.

       NEW SECTION. Sec. 47. Sections 14 through 16 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

       NEW SECTION. Sec. 48. The department of community, trade, and economic development shall contract with The Evergreen State College for completion of the study by the Washington institute for public policy ordered pursuant to sections 14 through 16 of this act. The department of community, trade, and economic development shall contract with the department of social and health services for the purpose of implementing sections 18 through 44 of this act. No funds for administrative expenses may be deducted by the department of community, trade, and economic development prior to allocation as provided in this section."

       Correct the title., and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Long, Hargrove, Zarelli; Representatives Cooke, Boldt, Dickerson.


MOTION


      Senator Long moved that the Report of the Conference Committee on Substitute House Bill No. 2556 be adopted.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Substitute House Bill No. 2556.

      The motion by Senator Long carried and the Report of the Conference Committee on Substitute House Bill No. 2556 was adopted.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2556, as recommended by the Conference Committee.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2556, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.    Excused: Senator McAuliffe - 1.           SUBSTITUTE HOUSE BILL NO. 2556, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


REPORT OF CONFERENCE COMMITTEE

EHB 3041                                                                                                                                                                                   March 11, 1998

Includes “'NEW ITEM”: YES


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


MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred ENGROSSED HOUSE BILL NO. 3041, family and child ombudsman office, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

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

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

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

       Identifying information about complainants or witnesses shall not be subject to any method of legal compulsion, nor shall such information be revealed to the legislative oversight committee or the governor except under the following circumstances: (1) The complainant or witness waives confidentiality; (2) under a legislative subpoena when there is a legislative investigation for neglect of duty or misconduct by the ombudsman or ombudsman's office when the identifying information is necessary to the investigation of the ombudsman's acts; or (3) under an investigation or inquiry by the governor as to neglect of duty or misconduct by the ombudsman or ombudsman's office when the identifying information is necessary to the investigation of the ombudsman' acts.



       For the purposes of this section, "identifying information" includes the complainant's or witness's name, location, telephone number, likeness, social security number or other identification number, or identification of immediate family members.

       NEW SECTION. Sec. 3. A new section is added to chapter 43.06A RCW to read as follows:

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

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

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

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

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

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

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

       NEW SECTION. Sec. 5. A new section is added to chapter 43.06A RCW to read as follows:

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

       Sec. 6. RCW 43.06A.010 and 1996 c 131 s 2 are each amended to read as follows:

       There is hereby created an office of the family and children's ombudsman within the office of the governor for the purpose of promoting public awareness and understanding of family and children services, identifying system issues and responses for the governor and the legislature to act upon, and monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children's services and the placement, supervision, and treatment of children in the state's care or in state-licensed facilities or residences. The ombudsman shall report directly to the governor and the legislative oversight committee and shall exercise his or her powers and duties independently of the secretary.

       Sec. 7. RCW 43.06A.020 and 1996 c 131 s 3 are each amended to read as follows:

       (1) Subject to confirmation by the senate, the governor shall appoint an ombudsman who shall be a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training or experience, or both, in family and children's services law and policy. Prior to the appointment, the governor shall consult with, and may receive recommendations from the committee, regarding the selection of the ombudsman.

       (2) The person appointed ombudsman shall hold office for a term of three years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombudsman only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.

       NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

       On page 1, line 3 of the title, after "proceedings;" strike the remainder of the title and insert "amending RCW 43.06A.010 and 43.06A.020; adding new sections to chapter 43.06A RCW; and declaring an emergency.", and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Roach, Hargrove, Zarelli; Representatives Cooke, McDonald, Costa.


MOTION


      Senator Zarelli moved that the Report of the Conference Committee on Engrossed House Bill No. 3041 be adopted.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Engrossed House Bill No. 3041.

      The motion by Senator Zarelli carried and the Report of the Conference Committee on Engrossed House Bill No. 3041 was adopted.

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

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 3041, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.     ENGROSSED HOUSE BILL NO. 3041, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Johnson, the Senate advanced to the sixth order of business.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2051, by House Committee on Agriculture and Ecology (originally sponsored by Representatives

Chandler, Linville, Regala, Mastin, D. Schmidt, Grant, Veloria, Clements, Cody and Parlette)

 

Exempting environmental remedial services, labor, and businesses from taxation.


      The bill was read the second time.

MOTION


      On motion of Senator Morton, the following Committee on Ways and Means amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 82.04.050 and 1997 c 127 s 1 are each amended to read as follows:

       (1) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who:

       (a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or

       (b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or

       (c) Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or

       (d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or

       (e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in (a), (b), (c), (d), or (e) of this subsection following such use. The term also means every sale of tangible personal property to persons engaged in any business which is taxable under RCW 82.04.280 (2) and (7) and 82.04.290.

       (2) The term "sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following:

       (a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding sales of laundry service to members by nonprofit associations composed exclusively of nonprofit hospitals, and excluding services rendered in respect to live animals, birds and insects;

       (b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture;

       (c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner;

       (d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting;

       (e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16 RCW;

       (f) The sale of and charge made for the furnishing of lodging and all other services by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same;

       (g) The sale of or charge made for tangible personal property, labor and services to persons taxable under (a), (b), (c), (d), (e), and (f) of this subsection when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (1) of this section and nothing contained in subsection (1) of this section shall be construed to modify this subsection.

       (3) The term "sale at retail" or "retail sale" shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities:

       (a) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, ski lifts and tows, day trips for sightseeing purposes, and others, when provided to consumers;

       (b) Abstract, title insurance, and escrow services;

       (c) Credit bureau services;

       (d) Automobile parking and storage garage services;

       (e) Landscape maintenance and horticultural services but excluding (i) horticultural services provided to farmers and (ii) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility;

       (f) Service charges associated with tickets to professional sporting events; and

       (g) The following personal services: Physical fitness services, tanning salon services, tattoo parlor services, steam bath services, turkish bath services, escort services, and dating services.

       (4) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator.

       (5) The term shall also include the providing of telephone service, as defined in RCW 82.04.065, to consumers.

       (6) The term shall not include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind.

       (7) The term shall also not include sales of chemical sprays or washes to persons for the purpose of postharvest treatment of fruit for the prevention of scald, fungus, mold, or decay, nor shall it include sales of feed, seed, seedlings, fertilizer, agents for enhanced pollination including insects such as bees, and spray materials to: (a) Persons who participate in the federal conservation reserve program, the environmental quality incentives program, the wetlands reserve program, and the wildlife habitat incentives program, or their successors administered by the United States department of agriculture; (b) farmers for the purpose of producing for sale any agricultural product; and (c) farmers acting under cooperative habitat development or access contracts with an organization exempt from federal income tax under 26 U.S.C. Sec. 501(c)(3) or the Washington state department of fish and wildlife to produce or improve wildlife habitat on land that the farmer owns or leases.

       (8) The term shall not include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. Nor shall the term include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development.

       (9) Until July 1, 2003, the term shall not include the sale of or charge made for labor and services rendered for environmental remedial action as defined in section 3(2) of this act.

       Sec. 2. RCW 82.04.190 and 1996 c 173 s 2, 1996 c 148 s 4, and 1996 c 112 s 2 are each reenacted and amended to read as follows:

       "Consumer" means the following:

       (1) Any person who purchases, acquires, owns, holds, or uses any article of tangible personal property irrespective of the nature of the person's business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than for the purpose (a) of resale as tangible personal property in the regular course of business or (b) of incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers or (c) of consuming such property in producing for sale a new article of tangible personal property or a new substance, of which such property becomes an ingredient or component or as a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale or (d) purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon;

       (2)(a) Any person engaged in any business activity taxable under RCW 82.04.290; (b) any person who purchases, acquires, or uses any telephone service as defined in RCW 82.04.065, other than for resale in the regular course of business; and (c) any person who purchases, acquires, or uses any amusement and recreation service defined in RCW 82.04.050(3)(a), other than for resale in the regular course of business;

       (3) Any person engaged in the business of contracting for the building, repairing or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state of Washington or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind as defined in RCW 82.04.280, in respect to tangible personal property when such person incorporates such property as an ingredient or component of such publicly owned street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the right of way of such street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of such mass public transportation terminal or parking facility;

       (4) Any person who is an owner, lessee or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business, excluding only (a) municipal corporations or political subdivisions of the state in respect to labor and services rendered to their real property which is used or held for public road purposes, and (b) the United States, instrumentalities thereof, and county and city housing authorities created pursuant to chapter 35.82 RCW in respect to labor and services rendered to their real property. Nothing contained in this or any other subsection of this definition shall be construed to modify any other definition of "consumer";

       (5) Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business;

       (6) Any person engaged in the business of constructing, repairing, decorating, or improving new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation; also, any person engaged in the business of clearing land and moving earth of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW. Any such person shall be a consumer within the meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person;

       (7) Any person who is a lessor of machinery and equipment, the rental of which is exempt from the tax imposed by RCW 82.08.020 under RCW 82.08.02565, with respect to the sale of or charge made for tangible personal property consumed in respect to repairing the machinery and equipment, if the tangible personal property has a useful life of less than one year. Nothing contained in this or any other subsection of this section shall be construed to modify any other definition of "consumer"; ((and))

       (8) Any person engaged in the business of cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development((.

       Nothing contained in this or any other subsection of this definition shall be construed to modify any other definition of "consumer.")); and

       (9) Until July 1, 2003, any person engaged in the business of conducting environmental remedial action as defined in section 3(2) of this act.

       NEW SECTION. Sec. 3. A new section is added to chapter 82.04 RCW to read as follows:

       (1) Upon every person engaging within this state in the business of environmental remedial action, the amount of tax with respect to such business shall be equal to the value of the gross income of the business multiplied by the rate 0.471 percent.

       (2) For purposes of this chapter, "environmental remedial action" means:

       (a) Those services related to the identification, investigation, or cleanup arising out of the release or threatened release of hazardous substances that are conducted under contract with the department of ecology or under an enforcement order, agreed order, or consent decree executed by the department of ecology, or those services, when evaluated as a whole, that are the substantial equivalent of a department of ecology-conducted or supervised remedial action under the model toxics control act, chapter 70.105D RCW; or

       (b) Those services related to the identification, investigation, or cleanup of a facility that are conducted under contract with the United States environmental protection agency or under an order or consent decree executed by the United States environmental protection agency, or that are consistent with the national contingency plan adopted under the comprehensive environmental response compensation and liability act, 42 U.S.C. Sec. 9605 as it exists on the effective date of this section, and those services are conducted at facilities that are included on the national priorities list adopted under 42 U.S.C. Sec. 9605 as it exists on the effective date of this section or at facilities subject to a removal action authorized under 42 U.S.C. Sec. 9604 as it exists on the effective date of this section.

       (3) A site is eligible for environmental remedial action upon submittal, via certified mail to the department of ecology and the department of revenue, of the following:

       (a) A certification from the owner, the department of ecology, or the United States environmental protection agency, containing the following information:

       (i) The location of the site, shown on a map and identified by parcel number or numbers and street address;

       (ii) The name and address and daytime phone number of a contact person;

       (iii) A statement that the proposed environmental remedial actions will be conducted by the department of ecology or its authorized contractor under chapter 70.105D RCW or will be substantially equivalent to a department of ecology-conducted or supervised remedial action under the model toxics control act, chapter 70.105D RCW, or will be conducted by the United States environmental protection agency or its authorized contractor or will be consistent with the national contingency plan under 42 U.S.C. Sec. 9605 as it exists on the effective date of this section; and

       (iv) A description of the proposed environmental remedial actions to be taken; and

       (b)(i) A certification from a certified underground storage tank service supervisor as authorized in chapter 90.76 RCW, from a professional engineer licensed in the state of Washington, or from an environmental professional who subscribes to a code of professional responsibility administered by a recognized organization representing such professions containing the following information:

       (A) Confirmation that an environmental remedial action as defined in this section is to be conducted at the site;

       (B) The location of the site, shown on a map and identified by parcel number or numbers and street address, and the approximate location of the proposed environmental remedial action; and

       (C) The name, address, telephone number, and uniform business identifier of the person providing the certification; or

       (ii) If applicable to the site, a copy of an enforcement order, agreed order, or consent decree executed by the department of ecology or the United States environmental protection agency.

       (4) The department of revenue shall respond in writing to the owner within thirty days confirming receipt of the certification, or certifications, of eligibility.

       (5) The owner shall provide a copy of the confirmation from the department of revenue to each person who renders environmental remedial action at the site. Each person who renders such action shall separately state the charges for labor and services associated with the environmental remedial action.

       (6) Upon completion of the environmental remedial action, the owner shall submit to the department of ecology a report documenting the environmental remedial actions conducted at the site and documenting compliance with the requirements of chapter 70.105D RCW.

       (7) In addition to any other penalties, a person who files a certificate with the department of ecology or the department of revenue that contains falsehoods or misrepresentations are subject to penalties authorized under chapter 18.43 or 90.76 RCW or RCW 9A.76.175. Also, a person who improperly reports the person's tax class shall be assessed a penalty of fifty percent of the tax due, in addition to other taxes or penalties, together with interest. The department of revenue shall waive the penalty imposed under this section if it finds that the falsehoods or misrepresentations or improper reporting of the tax classification was due to circumstances beyond the control of the person.

       (8) This section expires July 1, 2003.

       Sec. 4. RCW 82.04.290 and 1997 c 7 s 2 are each amended to read as follows:

       (1) Upon every person engaging within this state in the business of providing international investment management services, as to such persons, the amount of tax with respect to such business shall be equal to the gross income or gross proceeds of sales of the business multiplied by a rate of 0.275 percent.

       (2) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, ((and)) 82.04.280, and section 3 of this act, and subsection (1) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.5 percent.

       This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section.

       Sec. 5. RCW 82.04.290 and 1998 c ... s 4 (section 4 of this act) are each amended to read as follows:

       (1) Upon every person engaging within this state in the business of providing international investment management services, as to such persons, the amount of tax with respect to such business shall be equal to the gross income or gross proceeds of sales of the business multiplied by a rate of 0.275 percent.

       (2) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, and 82.04.280, ((and section 3 of this act,)) and subsection (1) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.5 percent.

       This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section.

       NEW SECTION. Sec. 6. (1) Sections 1 through 4 of this act take effect July 1, 1998.

       (2) Section 5 of this act takes effect July 1, 2003."


MOTIONS


      On motion Senator Morton, the following title amendment was adopted:

       On page 1, line 2 of the title, after "waste;" strike the remainder of the title and insert "amending RCW 82.04.050, 82.04.290, and 82.04.290; reenacting and amending RCW 82.04.190; adding a new section to chapter 82.04 RCW; providing effective dates; and providing an expiration date."

      On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 2051, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2051, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2051, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

       Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

       SUBSTITUTE HOUSE BILL NO. 2051, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2371, by Representatives Carlson, Radcliff, Sheahan, Mulliken, Kastama, Johnson, Gardner, Pennington, Kenney, Hl Sommers, L. Thomas, Kessler, Anderson and Dyer.

 

Creating a medical expense plan for certain retires.


      The bill was read the second time.                                           MOTION


      On motion of Senator Wood, the rules were suspended, House Bill No. 2371 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

MOTION


      On motion of Senator Franklin, Senator Loveland was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2371.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2371 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.          Excused: Senator Loveland - 1.            HOUSE BILL NO. 2371, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


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


MESSAGE FROM THE GOVERNOR

March 11, 1998


TO THE HONORABLE PRESIDENT AND MEMBERS

The Senate of the State of Washington


Ladies and Gentlemen:

      I have the honor to advise you that on March 11, 1998, Governor Locke approved the following Senate Bills entitled:

Second Substitute Senate Bill No, 5727

Relating to backup alert devices on delivery trucks.

Substitute Senate Bill No. 5853

Relating to fire protection district finance officers.

Substitute Senate Bill No, 5873

Relating to liability under the model toxics control act.

Senate Bill No. 6118

Relating to gifts under ethics in public service laws.

Engrossed Senate Bill No, 6123

Relating to animal health.

Substitute Senate Bill No, 6129

Relating to allowing continued use of pollution control tax credits after facilities have been modified to maintain effective pollution control.

Substitute Senate Bill No. 6136

Relating to drug offenses in background checks.

Senate Bill No, 6158

Relating to eliminating duplicate authority for the Washington state wheat commission.

Senate Bill No, 6159

Relating to eliminating authority for the Washington land bank.

Senate Bill No, 6171

Relating to authorizing loans for projects recommended by the public works board.

Senate Bill No, 6192

Relating to the operation of the state investment board.

Senate Bill No. 6202

Relating to the securities act of Washington.

Substitute Senate Bill No. 6285

Relating to benefit charges imposed by fire protection districts.

Senate Bill No, 6303

Relating to restrictions on the restoration of service credit.

Senate Bill No. 6483

Relating to the transfer of the enforcement authority for cigarette and tobacco taxes from the department of revenue to the liquor control board.

Substitute Senate Bill No, 6489

Relating to district court elections.

Substitute Senate Bill No, 6507

Relating to the eliminating the expiration of the state cosmetology, barbering, esthetics and manicuring advisory board.

Substitute Senate Bill No, 6575

Relating to extending the powers of the joint administrative rules review committee.

Senate Bill No. 6631

Relating to candidate declaration filings in districts comprising more than one county.                                                                        Sincerely,

EVERETT H. BILLINGSLEA, General Counsel


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


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2871, by House Committee on Finance (originally sponsored by Representatives Carlson, Radcliff, Constantine, Sheahan, Mulliken, Kastama, Johnson, Gardner, Pennington, Kenney, H. Sommers, L. Thomas, Kessler,

Anderson and Dyer)

 

Creating a system of classifying land as agricultural land with long-term commercial significance for tax purposes.


      The bill was read the second time.

MOTION


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

       On page 5, beginning on line 22, strike all of section 7 and insert the following:

       "Sec. 7. RCW 84.34.020 and 1997 c 429 s 31 are each amended to read as follows:

       As used in this chapter, unless a different meaning is required by the context:

       (1) "Open space land" means (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly, or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife



 preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (ix) protect or enhance aquatic habitat, or (c) any land meeting the definition of farm and agricultural conservation land under subsection (8) of this section, or (d) any shoreland area, as defined in RCW 90.58.030, that has no dwellings and that is used in a manner that will protect or enhance aquatic habitat as certified by the department of fish and wildlife or a conservation district. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b)(iii) of this subsection for the purpose of promoting conservation of wetlands.

       (2) "Farm and agricultural land" means:

       (a) Any parcel of land that is twenty or more acres or multiple parcels of land that are contiguous and total twenty or more acres:

       (i) Devoted primarily to the production of livestock or agricultural commodities for commercial purposes;

       (ii) Enrolled in the federal conservation reserve program or its successor administered by the United States department of agriculture; or

       (iii) Other similar commercial activities as may be established by rule;

       (b) Any parcel of land that is five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to, as of January 1, 1993:

       (i) One hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993; and

       (ii) On or after January 1, 1993, two hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter;

       (c) Any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income as of January 1, 1993, of:

       (i) One thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993; and

       (ii) On or after January 1, 1993, fifteen hundred dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter.

Parcels of land described in (b)(i) and (c)(i) of this subsection shall, upon any transfer of the property excluding a transfer to a surviving spouse, be subject to the limits of (b)(ii) and (c)(ii) of this subsection.

       Agricultural lands shall also include such incidental uses as are compatible with agricultural purposes, including wetlands preservation, provided such incidental use does not exceed twenty percent of the classified land and the land on which appurtenances necessary to the production, preparation, or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands"; or

       (d) The land on which housing for employees and the principal place of residence of the farm operator or owner of land classified pursuant to (a) of this subsection is sited if: The housing or residence is on or contiguous to the classified parcel; and the use of the housing or the residence is integral to the use of the classified land for agricultural purposes((;

       (e) Any parcel of land designated as agricultural land under RCW 36.70A.170; or

       (f) Any parcel of land not within an urban growth area zoned as agricultural land under a comprehensive plan adopted under chapter 36.70A RCW)).

       (3) "Timber land" means any parcel of land that is five or more acres or multiple parcels of land that are contiguous and total five or more acres which is or are devoted primarily to the growth and harvest of forest crops for commercial purposes. A timber management plan shall be filed with the county legislative authority at the time (a) an application is made for classification as timber land pursuant to this chapter or (b) when a sale or transfer of timber land occurs and a notice of classification continuance is signed. Timber land means the land only.

       (4) "Current" or "currently" means as of the date on which property is to be listed and valued by the assessor.

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

       (6) "Contiguous" means land adjoining and touching other property held by the same ownership. Land divided by a public road, but otherwise an integral part of a farming operation, shall be considered contiguous.

       (7) "Granting authority" means the appropriate agency or official who acts on an application for classification of land pursuant to this chapter.

       (8) "Farm and agricultural conservation land" means either:

       (a) Land that was previously classified under subsection (2) of this section, that no longer meets the criteria of subsection (2) of this section, and that is reclassified under subsection (1) of this section; or

       (b) Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture.

       Sec. 8. RCW 84.34.055 and 1994 c 264 s 76 are each amended to read as follows:

       (1) The county legislative authority may direct the county planning commission to set open space priorities and adopt, after a public hearing, an open space plan and public benefit rating system for the county. The plan shall consist of criteria for determining eligibility of lands, the process for establishing a public benefit rating system, and an assessed valuation schedule. Criteria for determining eligibility of land shall include aquatic habitat protection and enhancement, and in determining eligibility of land under this criteria, the lack of eligibility under other criteria shall not be considered. The assessed valuation schedule shall be developed by the county assessor and shall be a percentage of market value based upon the public benefit rating system. The open space plan, the public benefit rating system, and the assessed valuations schedule shall not be effective until approved by the county legislative authority after at least one public hearing: PROVIDED, That any county which has complied with the procedural requisites of chapter 393, Laws of 1985, prior to July 28, 1985, need not repeat those procedures in order to adopt an open space plan pursuant to chapter 393, Laws of 1985.

       (2) In adopting an open space plan, recognized sources shall be used unless the county does its own survey of important open space priorities or features, or both. Recognized sources include but are not limited to the natural heritage data base; the state office of historic preservation; the interagency committee for outdoor recreation inventory of dry accretion beach and shoreline features; state, national, county, or city registers of historic places; the shoreline master program; or studies by the parks and recreation commission and by the departments of fish and wildlife and natural resources. Features and sites may be verified by an outside expert in the field and approved by the appropriate state or local agency to be sent to the county legislative authority for final approval as open space.

       (3) When the county open space plan is adopted, owners of open space lands then classified under this chapter shall be notified in the same manner as is provided in RCW 84.40.045 of their new assessed value. These lands may be removed from classification, upon request of owner, without penalty within thirty days of notification of value.

       (4) The open space plan and public benefit rating system under this section may be adopted for taxes payable in 1986 and thereafter."

       Renumber the sections consecutively and correct any internal references accordingly.


MOTION


      On motion of Senator Johnson, further consideration of Engrossed Substitute House Bill No. 2871 was deferred.


.     There being no objection, the Senate resumed consideration of Substitute House Bill No. 3076, deferred on second reading March 11, 1998.

MOTION


      On motion of Senator West, the rules were suspended, Substitute House Bill No. 3076 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 3076.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 3076 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.    SUBSTITUTE HOUSE BILL NO. 3076, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2312, by House Committee on Commerce and Labor (originally sponsored by Representatives Doumit, Pennington, Hatfield, Kenney, Clements, Carlson, Kessler, Anderson, Dunn and Tokuda)

 

Prescribing workers' compensation obligations of employees not domiciled in Washington.


      The bill was read the second time.

MOTION


      Senator Snyder moved that the following amendment by Senators Snyder, Schow and Heavey be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that a competitive disadvantage exists in the construction industry because of a disparity in workers' compensation coverage requirements among the states. The intent of this act is (1) to provide an equal footing for all contractors bidding on or engaging in construction work in this state, (2) to ensure that all workers injured while in the course of employment in this state receive the benefits to which they are entitled, and (3) to not create disincentives for employers to hire workers in this state.

       Sec. 2. RCW 51.12.120 and 1995 c 199 s 1 are each amended to read as follows:

       (1) If a worker, while working outside the territorial limits of this state, suffers an injury on account of which he or she, or his or her beneficiaries, would have been entitled to compensation under this title had ((such)) the injury occurred within this state, ((such)) the worker, or his or her beneficiaries, shall be entitled to compensation under this title((: PROVIDED, That)) if at the time of ((such)) the injury:

       (a) His or her employment is principally localized in this state; or

       (b) He or she is working under a contract of hire made in this state for employment not principally localized in any state; or

       (c) He or she is working under a contract of hire made in this state for employment principally localized in another state whose workers' compensation law is not applicable to his or her employer; or

       (d) He or she is working under a contract of hire made in this state for employment outside the United States and Canada.

       (2) The payment or award of compensation or other recoveries, including settlement proceeds, under the workers' compensation law of another state, territory, province, or foreign nation to a worker or his or her beneficiaries otherwise entitled on account of such injury to compensation under this title shall not be a bar to a claim for compensation under this title((: PROVIDED,)) if that claim under this title is timely filed. If compensation is paid or awarded under this title, the total amount of compensation or other recoveries, including settlement proceeds, paid or awarded the worker or beneficiary under such other workers' compensation law shall be credited against the compensation due the worker or beneficiary under this title.

       (3)(a) An employer not domiciled in this state who is employing workers in this state in work for which the employer must be registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW, or prequalified under RCW 47.28.070, must secure the payment of compensation under this title by:

       (i) Insuring the employer's workers' compensation obligation under this title with the department;

       (ii) Being qualified as a self-insurer under this title; or

       (iii) For employers domiciled in a state or province of Canada subject to an agreement entered into under subsection (7) of this section, as permitted by the agreement, filing with the department a certificate of coverage issued by the agency that administers the workers' compensation law in the employer's state or province of domicile certifying that the employer has secured the payment of compensation under the other state's or province's workers' compensation law.

       (b) The department shall adopt rules to implement this subsection.

       (4) If a worker or beneficiary is entitled to compensation under this title by reason of an injury sustained in this state while in the employ of an employer who is domiciled in another state or province of Canada and the employer:

       (a) Is not subject to subsection (3) of this section and ((who)) has neither opened an account with the department nor qualified as a self-insurer under this title, ((such an)) the employer or his or her insurance carrier shall file with the director a certificate issued by the agency ((which)) that administers the workers' compensation law in the state of the employer's domicile, certifying that ((such)) the employer has secured the payment of compensation under the workers' compensation law of ((such)) the other state and that with respect to ((said)) the injury ((such)) the worker or beneficiary is entitled to the benefits provided under ((such)) the other state's law. ((In such event:

       (a))) (b) Has filed a certificate under subsection (3)(a)(iii) of this section or (a) of this subsection (4):

       (i) The filing of ((such)) the certificate ((shall)) constitutes appointment by the employer or his or her insurance carrier of the director as its agent for acceptance of the service of process in any proceeding brought by any claimant to enforce rights under this title;

       (((b))) (ii) The director shall send to such employer or his or her insurance carrier, by registered or certified mail to the address shown on such certificate, a true copy of any notice of claim or other process served on the director by the claimant in any proceeding brought to enforce rights under this title;

       (((c)(i))) (iii) If ((such)) the employer is a self-insurer under the workers' compensation law of ((such)) the other state or province of Canada, ((such)) the employer shall, upon submission of evidence or security, satisfactory to the director, of his or her ability to meet his or her liability to ((such)) the claimant under this title, be deemed to be a qualified self-insurer under this title; and

       (((ii))) (iv) If ((such)) the employer's liability under the workers' compensation law of ((such)) the other state or province of Canada is insured((, such)):

       (A) The employer's carrier, as to such claimant only, shall be deemed to be subject to this title((: PROVIDED, That)). However, unless ((its)) the insurer's contract with ((said)) the employer requires ((it)) the insurer to pay an amount equivalent to the compensation benefits provided by this title, the insurer's liability for compensation shall not exceed ((its)) the insurer's liability under the workers' compensation law of ((such)) the other state or province; and

       (((d))) (B) If the total amount for which ((such)) the employer's insurer is liable under (((c)(ii) above)) (b)(iv)(A) of this subsection is less than the total of the compensation to which ((such)) the claimant is entitled under this title, the director may require the employer to file security satisfactory to the director to secure the payment of compensation under this title((;)).

       (((e))) (c) If ((such employer)) subject to subsection (3) of this section, has not complied with subsection (3) of this section or, if not subject to subsection (3) of this section, has neither qualified as a self-insurer nor secured insurance coverage under the workers' compensation law of another state or province of Canada, ((such)) the claimant shall be paid compensation by the department((;)) and

       (((f) Any such)) the employer shall have the same rights and obligations, and is subject to the same penalties, as other employers subject to this title ((and where he or she has not provided coverage or sufficient coverage to secure the compensation provided by this title to such claimant, the director may impose a penalty payable to the department of a sum not to exceed fifty percent of the cost to the department of any deficiency between the compensation provided by this title and that afforded such claimant by such employer or his or her insurance carrier if any)).

       (((4))) (5) As used in this section:

       (a) A person's employment is principally localized in this or another state when: (i) His or her employer has a place of business in this or ((such)) the other state and he or she regularly works at or from ((such)) the place of business((,)); or (ii) if ((clause (i) foregoing)) (a)(i) of this subsection is not applicable, he or she is domiciled in and spends a substantial part of his or her working time in the service of his or her employer in this or ((such)) the other state;

       (b) "Workers' compensation law" includes "occupational disease law" for the purposes of this section.

       (((5))) (6) A worker whose duties require him or her to travel regularly in the service of his or her employer in this and one or more other states may agree in writing with his or her employer that his or her employment is principally localized in this or another state, and, unless ((such)) the other state refuses jurisdiction, ((such)) the agreement shall govern as to any injury occurring after the effective date of the agreement.

       (((6))) (7) The director ((shall be)) is authorized to enter into agreements with the appropriate agencies of other states and provinces of Canada ((which)) that administer their workers' compensation law with respect to conflicts of jurisdiction and the assumption of jurisdiction in cases where the contract of employment arises in one state or province and the injury occurs in another((, and)). If the other state's or province's law requires Washington employers to secure the payment of compensation under the other state's or province's workers' compensation laws for work that in Washington requires the employer to be registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW, or prequalified under RCW 47.28.070, then employers domiciled in that state or province must purchase compensation covering their workers engaged in that work in this state under this state's industrial insurance law. When ((any such)) an agreement under this subsection has been executed and ((promulgated)) adopted as a ((regulation)) rule of the department under chapter 34.05 RCW, it ((shall)) binds all employers and workers subject to this title and the jurisdiction of this title ((shall be)) is governed by this ((regulation)) rule.

       Sec. 3. RCW 18.27.030 and 1997 c 314 s 4 are each amended to read as follows:

       (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:

       (a) Employer social security number.

       (b) ((As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington)) Evidence of workers' compensation coverage for the applicant's employees working in Washington, as follows:

       (i) The applicant's industrial insurance account number issued by the department;

       (ii) The applicant's self-insurer number issued by the department; or

       (iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the payment of compensation under the other state's or province's workers' compensation law.

       (c) Employment security department number.

       (d) State excise tax registration number.

       (e) Unified business identifier (UBI) account number may be substituted for the information required by (b)((,)) of this subsection if the applicant will not employ employees in Washington, and by (c)((,)) and (d) of this subsection.

       (f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.

       (g) The name and address of each partner if the applicant ((be)) is a firm or partnership, or the name and address of the owner if the applicant ((be)) is an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant ((be)) is a corporation. The information contained in such application ((shall be)) is a matter of public record and open to public inspection.

       (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

       (3) The department shall deny an application for registration if the applicant has been previously registered as a sole proprietor, partnership, or corporation and the applicant has an unsatisfied final judgment against him or her in an action based on this chapter that was incurred during a previous registration under this chapter.

       Sec. 4. RCW 19.28.120 and 1992 c 217 s 2 are each amended to read as follows:

       (1) It is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twenty-four calendar months following the day of their issue. The department may issue an electrical contractors license for a period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses ((which)) that expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state:

       (a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof;

       (b) The location of the place of business of the applicant and the name under which the business is conducted;

       (c) Employer social security number;

       (d) ((As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington)) Evidence of workers' compensation coverage for the applicant's employees working in Washington, as follows:

       (i) The applicant's industrial insurance account number issued by the department;

       (ii) The applicant's self-insurer number issued by the department; or

       (iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the payment of compensation under the other state's or province's workers' compensation law;

       (e) Employment security department number;

       (f) State excise tax registration number;

       (g) Unified business identifier (UBI) account number may be substituted for the information required by (d)((,)) of this subsection if the applicant will not employ employees in Washington, and by (e)((,)) and (f) of this subsection; and

       (h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, nonresidential maintenance, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.

       (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

       (3) The application for a contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.

       (4) The department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security.

       (5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses an administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made. Administrator certificate specialties include but are not limited to: Residential, domestic, appliance, pump and irrigation, limited energy system, signs, nonresidential maintenance, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.123 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.

       NEW SECTION. Sec. 5. The workers' compensation advisory committee established under RCW 51.04.110 shall appoint a subcommittee to review section 2 of this act and related issues, as determined by the committee, and report its findings and recommendations to the committee. The committee shall make a final report to the department of labor and industries by December 15, 1998. The department shall report on the study to the appropriate committees of the legislature by January 15, 1999."

      Debate ensued

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Snyder, Schow and Heavey to Substitute House Bill No. 2312.

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


MOTIONS


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

       On page 1, line 2 of the title, after "Washington;" strike the remainder of the title and insert "amending RCW 51.12.120, 18.27.030, and 19.28.120; and creating new sections."

      On motion of Senator Snyder, the rules were suspended, Substitute House Bill No. 2312, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2312, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2312, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; 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, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Absent: Senators McAuliffe and Sellar - 2..         SUBSTITUTE HOUSE BILL NO. 2312, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 2849, by House Committee on Appropriations (originally sponsored by Representatives Talcott, Johnson, B. Thomas, Kastama, L. Thomas, Benson, Lambert, Alexander, Robertson, Pennington, McDonald, Lisk, Cairnes, Radcliff, Ballasiotes, Zellinsky, Backlund, D. Schmidt, Delvin, Carlson, Sump, Chandler, Smith and Thompson)

 

Enhancing student achievement accountability.


      The bill was read the second time.

MOTION


      Senator Goings moved that the following amendments by Senator McAuliffe be considered simultaneously and be adopted:

       On page 4, line 1, after "(2)" strike "(a)"

       On page 4, after line 12, strike all the material down to and including "parents." on line 18

       Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator McAuliffe on page 4, lines 1 and 12, to Second Substitute House Bill No. 2849.

      The motion by Senator Goings carried and the amendments by Senator McAuliffe were adopted.


MOTION


      On motion of Senator Hochstatter, the rules were suspended, Second Substitute House Bill No. 2849, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2849, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2849, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, 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 and Wood - 47.      Voting nay: Senator Zarelli - 1.             Absent: Senator Haugen - 1.                 SECOND SUBSTITUTE HOUSE BILL NO. 2849, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


POINT OF INQUIRY


      Senator Snyder: “Senator Johnson, some of these bills are coming out awfully fast and the information gets on our desks about thirty seconds before we have to make a decision on the bill. Could we have some kind of a list of what is coming up, because some of our members are getting a little bit upset because we can't plan ahead or can't have an opportunity to see if they are within the cutoff resolution--that passes or not? We would like to have a little time to decide if they are for or against the legislation.”

      Senator Johnson: “I have furnished that information to your floor leader. We will try and be a little more extensive and we will be working off this calendar a fair amount--coming up--the conference report calendar.”


POINT OF ORDER


      Senator Kohl: “A point of order, please, Mr. President. Following up on what Senator Snyder has communicated, I am also concerned that even when we get a bill report, for example, bills that have come through the Ways and Means Committee, there is nothing on it in terms of what happened in the House--any votes, any information. If we are not really that familiar with the bill, it makes it very difficult, especially when we get it just exactly before we are supposed to take a vote. I would appreciate more information being included whenever possible.”


REPLY BY THE PRESIDENT


      President Owen: “Message received.”


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2947, by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Conway, Carlson, Kenney, Costa, Wood, Ogden and Gardner) (by request of Employment Security Department)

 

Revising unemployment compensation for part-time faculty.


      The bill was read the second time.

MOTION


      On motion of Senator Schow, the rules were suspended, Engrossed Substitute House Bill No. 2947 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Snyder: “Senator Schow, is this the one that Employment Security has been lobbying for us to pass?”

      Senator Schow: “This is the one that they have been lobbying with us to pass, because it gives them the guidelines on what they have to do with the part time community colleges instructors.”

      Senator Snyder: “Thank you.”

      Further debate ensued.

POINT OF ORDER


      Senator Schow: “A point of order, Mr. President. I believe the three minute rule is in effect and the Senator has already spoken.”


REPLY BY THE PRESIDENT


      President Owen: “Senator Jacobsen, I believe you have spoken once already.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2947.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2947 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.   Voting nay: Senators Brown, Fairley, Kohl and Spanel - 4.                 ENGROSSED SUBSTITUTE HOUSE BILL NO. 2947, 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 House Bill No. 2871, deferred earlier today after Senator West moved that the Committee on Ways and Means amendment on page 5, line 22, be adopted.


POINT OF ORDER


      Senator McDonald: “A point of order, Mr. President. I raise an objection, based on the scope and object of this amendment. This amendment expands the scope and object of the bill in violation of Article 11, Section 38, of the State Constitution. The underlying bill only addresses agricultural lands, specifically the current use classifications of land designated agricultural land for the long-term commercial significance under the Growth Management Act. The bill removes it from the farm and agricultural classification and creates a new system designed specifically for this type of agricultural land.

      “The amendment deals with open space land. The original bill does not address other lands that are subject to current use evaluation such as open space land or timber land. The amendment broadens the scope of the bill from a limited focus on agricultural land to include one; Allowing critical criteria to be used classifying land as open space land designated on aquatic habitat protection enhancement and two; Allowing shoreline to be used as aquatic habitat protection enhancement to be classified as open space.

      “In summary, the original bill addresses agricultural land and the amendment addresses open space land. The limited scope of the original bill is greatly expanded by this amendment.”

      Further debate ensued.                                                             MOTION


      On motion of Senator West, further consideration of Engrossed Substitute House Bill No. 2871 was deferred.

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


MESSAGE FROM THE HOUSE

March 11, 1998

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6165 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


REPORT OF CONFERENCE COMMITTEE

ESSB 6165                                                                                                                                                                                  March 10, 1998

Includes “'NEW ITEM”: YES


Ignition interlock violations


MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6165, ignition interlock violations, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. This act may be known and cited as the Mary Johnsen Act.

       Sec. 2. RCW 46.20.720 and 1997 c 229 s 8 are each amended to read as follows:

       (1) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device.

       (2) If a person is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, the court shall order that after a period of suspension, revocation, or denial of driving privileges, the person may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device. The court may waive the requirement for the use of such a device if the court makes a specific finding in writing that such devices are not reasonably available in the local area.

       (3) The court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. In the case of a person under subsection (2) of this section, the period of time of the restriction will be as follows:

       (a) For a person subject to RCW 46.61.5055 (1)(b), (2), or (3) who has not previously been restricted under this section, a period of not less than one year;

       (b) For a person who has previously been restricted under (a) of this subsection, a period of not less than five years;

       (c) For a person who has previously been restricted under (b) of this subsection, a period of not less than ten years.

       For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW.

       Sec. 3. RCW 46.20.740 and 1997 c 229 s 10 are each amended to read as follows:



       (1) The department shall attach or imprint a notation on the driver's license of any person restricted under RCW 46.20.720 or 46.61.5055 stating that the person may operate only a motor vehicle equipped with an ignition interlock or other biological or technical device.

       (2) It is a misdemeanor for a person with such a notation on his or her driver's license to operate a motor vehicle that is not so equipped. For the first such conviction, the minimum sentence is thirty days in jail. For a second offense, the minimum sentence is sixty days in jail. For a third or subsequent offense, the minimum sentence is ninety days in jail.

       Sec. 4. 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; and

       (iv) By a court-ordered restriction under RCW 46.20.720.

       (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; and

       (iv) By a court-ordered restriction under RCW 46.20.720; 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; and

       (iv) By a court-ordered restriction under RCW 46.20.720.

       (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; and

       (iv) By a court-ordered restriction under RCW 46.20.720; 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; and

       (iv) By a court-ordered restriction under RCW 46.20.720.

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

       (6) 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)(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)(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.

       Sec. 5. RCW 46.55.113 and 1997 c 66 s 7 are each amended to read as follows:

       Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety. If the driver is in violation of a restriction under RCW 46.20.720 or 46.61.5055 to operate only a motor vehicle equipped with an ignition interlock or other biological or technical device, the arresting officer shall take custody of the vehicle and provide for its prompt removal to a place of safety. The vehicle will remain impounded for use as evidence at a trial regarding the violation of the restriction.

       In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:

       (1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;

       (2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;

       (3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;

       (4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;

       (5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;

       (6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;

       (7) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420.

       Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.

       NEW SECTION. Sec. 6. A new section is added to chapter 46.61 RCW to read as follows:

       Charges of a violation of RCW 46.61.502, 46.61.503, or 46.61.504, whether made by citation, complaint, or information, shall be filed, and arraignment on those charges shall be held, within twenty-one days following arrest.

       NEW SECTION. Sec. 7. The legislature finds that driving is a privilege and that the state may restrict that privilege in the interests of public safety. One such reasonable restriction is requiring certain individuals, if they choose to drive, to drive only vehicles equipped with ignition interlock devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices be paid for by the drivers using them and that neither the state nor entities of local government provide any public funding for this purpose.

       NEW SECTION. Sec. 8. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management.

       NEW SECTION. Sec. 9. This act takes effect January 1, 1999."

       On page 1, line 1 of the title, after "devices;" strike the remainder of the title and insert "amending RCW 46.20.720, 46.20.740, and 46.55.113; reenacting and amending RCW 46.61.5055; adding a new section to chapter 46.61 RCW; creating new sections; prescribing penalties; and providing an effective date.", and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Rossi, Kline, Roach; Representatives Sterk, Robertson, Constantine.


MOTION


      Senator Rossi moved that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6165 be adopted.


POINT OF ORDER


      Senator Kohl: “A point of order, Mr. President. It seems that on any bills that come to us now in the form of a Conference Committee Report, I am not able to find anything in writing, on my desk, with regard to a bill report from what the bill was like before the Conference Committee Report--what the history of the bill was, how we voted on it before, how the House voted on it--unless I had happened to have saved the green bill book from a week or two ago--and I wouldn't even know which one it was in. Unfortunately, I did not save all of them. Is there anyway that we can have more information provided us? I represent constituents and they often ask me how I voted on something, why I voted on something or why I didn't vote for a bill. I am finding this very difficult--to be able to make good decisions on every bill when I can't refer back to anything and find out about what the bill was like, except for this Conference Committee Report. I would appreciate being able to have sufficient material so that I can make good decisions in my voting. Thank you.”


REPLY BY THE PRESIDENT


      President Owen: “Senator Kohl, the President believes that the rules only provide that you must have a copy of the Conference Committee Report available and this is the process that we have followed in the past. Although, I may agree that other information would be helpful, there is not a rule that I can find that it requires that it be there. You might want to confer with the conferees about the history--or the committee.”

      Senator Kohl: “Thank you, Mr. President, and I appreciate that there may not be a Senate Rule, but we don't seem to be having Senate Rules for everything anyway. Just for practical purposes, we are sent here, we are elected by our constituents to make good policy decisions and I don't believe I am having all the information before me to be able to do that, especially with Conference Committee Reports that sometimes other bills are added in that perhaps we would not necessarily like. We do have opportunity to look at the Conference Committee Report, that is true, but I don't find that we have enough information and I am asking--even though it is not covered by a Senate Rule--that we can get a bill report we are getting for some other bills, to find out what happened--the history of that bill as it came through the Legislature. That, at least, would be appreciated. Thank you.”

      President Owen: “Senator Kohl, the President can only respond to your point of order and the procedures are being followed properly. The rest must be taken up within the Senate members, themselves.”

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Engrossed Substitute Senate Bill No. 6165.

      The motion by Senator Rossi carried and the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6165 was adopted.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6165, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6165, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.     ENGROSSED SUBSTITUTE SENATE BILL NO. 6165, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


POINT OF INQUIRY


      Senator Kohl: “Senator Johnson, you had mentioned earlier that there has been ample opportunity for our caucuses to have discussions on Conference Committee Reports. I would like to request, in the form of a question, that we be able to have our caucus meet in order to go over Conference Committee Reports. The one that we just went over and voted on came in last night and we have not had an opportunity to caucus on this Conference Committee Report--or many others--but there could be time allowed for actual consideration. I would appreciate it.”

      Senator Johnson: “My reference, Senator Kohl, was not necessarily a caucus gathering, but the caucus staff and that sort of thing. I think, also, information is available through my office on prior bill reports and so on, but we will be caucusing in a bit.”


MESSAGE FROM THE HOUSE

March 11, 1998

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 6181 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


REPORT OF CONFERENCE COMMITTEE

SSB 6181                                                                                                                                                                                     March 10, 1998

Includes “'NEW ITEM”ES

Regulating probate, trusts, and estates


MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6181, regulating probate, trusts, and estates, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:


"PART I--TESTAMENTARY DISPOSITION OF NONPROBATE ASSETS


       NEW SECTION. Sec. 101. SHORT TITLE. This chapter may be known and cited as the testamentary disposition of nonprobate assets act.

       NEW SECTION. Sec. 102. PURPOSES. The purposes of this chapter are to:

       (1) Enhance and facilitate the power of testators to control the disposition of assets that pass outside their wills;

       (2) Provide simple procedures for resolution of disputes regarding entitlement to such assets; and

       (3) Protect any financial institution or other third party having possession of or control over such an asset and transferring it to a beneficiary duly designated by the testator, unless that third party has been provided notice of a testamentary disposition as required in this chapter.

       NEW SECTION. Sec. 103. CONSTRUCTION--JURISDICTION. (1) When construing sections and provisions of this chapter, the sections and provisions must:

       (a) Be liberally construed and applied to promote the purposes of this chapter;

       (b) Be considered part of a general act that is intended as unified coverage of the subject matter, and no part of this chapter may be deemed impliedly repealed by subsequent legislation if the construction can be reasonably avoided;

       (c) Not be held invalid because of the invalidity of other sections or provisions of this chapter as long as the section or provision in question can be given effect without regard to the invalid section or provision, and to this end the sections or provisions of this chapter are severable;

       (d) Not be construed by reference to section or subsection headings as used in this chapter, since these do not constitute any part of the law;

       (e) Not be deemed to alter the community or separate property nature of any asset passing outside a testator's will or any individual's community or separate rights to the asset, and a testator's community or separate property rights to the asset are not affected by whether it passes outside the will or, under this chapter, by disposition under the will; and

       (f) Not be construed as authorizing or extending the authority of any financial institution or other third party to sell or otherwise create assets that would pass outside a testator's will upon such terms as would contravene any other applicable federal or state law.

       (2) The sections and provisions of this chapter apply to an owner who dies while a resident of this state on or after the effective date of this section and to a nonprobate asset the disposition of which on the death of the owner would otherwise be governed by the law of this state.

       NEW SECTION. Sec. 104. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1)(a) "Actual knowledge" means:

       (i) For a financial institution, whether acting as personal representative or otherwise, or other third party in possession or control of a nonprobate asset, receipt of written notice that: (A) Complies with section 109 of this act; (B) pertains to the testamentary disposition or ownership of a nonprobate asset in its possession or control; and (C) is received by the financial institution or third party after the death of the owner in a time sufficient to afford the financial institution or third party a reasonable opportunity to act upon the knowledge; and

       (ii) For a personal representative that is not a financial institution, personal knowledge or possession of documents relating to the testamentary disposition or ownership of a nonprobate asset of the owner sufficient to afford the personal representative reasonable opportunity to act upon the knowledge, including reasonable opportunity for the personal representative to provide the written notice under section 109 of this act.

       (b) For the purposes of (a) of this subsection, notice of more than thirty days is presumed to be notice that is sufficient to afford the party a reasonable opportunity to act upon the knowledge, but notice of less than five business days is presumed not to be a sufficient notice for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

       (2) "Beneficiary" means the person designated to receive a nonprobate asset upon the death of the owner by means other than the owner's will.

       (3) "Broker" means a person defined as a broker or dealer under the federal securities laws.

       (4) "Date of will" means, as to any nonprobate asset, the date of signature of the will or codicil that refers to the asset and disposes of it.

       (5) "Designate" means a written means by which the owner selects a beneficiary, including but not limited to instruments under contractual arrangements and registration of accounts, and "designation" means the selection.

       (6) "Financial institution" means: A bank, trust company, mutual savings bank, savings and loan association, credit union, broker, or issuer of stock or its transfer agent.

       (7)(a) "Nonprobate asset" means a nonprobate asset within the meaning of RCW 11.02.005, but excluding the following:

       (i) A right or interest in real property passing under a joint tenancy with right of survivorship;

       (ii) A deed or conveyance for which possession has been postponed until the death of the owner;

       (iii) A right or interest passing under a community property agreement; and

       (iv) An individual retirement account or bond.

       (b) For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, see RCW 11.07.010(5).

       (8) "Owner" means a person who, during life, has beneficial ownership of the nonprobate asset.

       (9) "Request" means a request by the beneficiary for transfer of a nonprobate asset after the death of the owner, if it complies with all conditions of the arrangement, including reasonable special requirements concerning necessary signatures and regulations of the financial institution or other third party, or by the personal representative of the owner's estate or the testamentary beneficiary, if it complies with the owner's will and any additional conditions of the financial institution or third party for such transfer.

       (10) "Testamentary beneficiary" means a person named under the owner's will to receive a nonprobate asset under this chapter, including but not limited to the trustee of a testamentary trust.

       (11) "Third party" means a person, including a financial institution, having possession of or control over a nonprobate asset at the death of the owner, including the trustee of a revocable living trust and surviving joint tenant or tenants.

       NEW SECTION. Sec. 105. DISPOSITION OF NONPROBATE ASSETS UNDER WILL. (1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any beneficiary designated before the date of the will.

       (2) A general residuary gift in an owner's will, or a will making general disposition of all of the owner's property, does not entitle the devisees or legatees to receive nonprobate assets of the owner.

       (3) A disposition in a will of the owner's interest in "all nonprobate assets" or of all of a category of nonprobate asset under section 104(7) of this act, such as "all of my payable on death bank accounts" or similar language, is deemed to be a disposition of all the nonprobate assets the beneficiaries of which are designated before the date of the will.

       (4) If the owner designates a beneficiary for a nonprobate asset after the date of the will, the will does not govern the disposition of that nonprobate asset. If the owner revokes the later beneficiary designation, the prior will does not govern the disposition of the nonprobate asset. A beneficiary designation with respect to an asset that renews without the signature of the owner is deemed to have been made on the date on which the account was first opened.

       NEW SECTION. Sec. 106. WAIVER OF RIGHT TO DISPOSE OF A NONPROBATE ASSET UNDER WILL. An owner may waive the right to dispose of a specific nonprobate asset by will under this chapter, with or without consideration, by a written instrument signed by the owner and delivered to the financial institution or other third party, including but not limited to signature cards or deposit agreements. The waiver is revocable by written instrument delivered to the financial institution or other third party unless the owner has stated that the waiver is to be irrevocable.

       NEW SECTION. Sec. 107. CONTROVERSIES BETWEEN BENEFICIARIES AND TESTAMENTARY BENEFICIARIES. This chapter is intended to establish ownership rights to nonprobate assets upon the death of the owner, as between beneficiaries and testamentary beneficiaries. This chapter is relevant only as to controversies between these persons, and has no bearing on the right of a person to transfer a nonprobate asset under its terms in the absence of a testamentary provision under this chapter.

       NEW SECTION. Sec. 108. RIGHT TO RELY ON FORM OF NONPROBATE ASSET--DISCHARGE OF FINANCIAL INSTITUTION OR OTHER THIRD PARTY. In transferring nonprobate assets, a financial institution or other third party may rely conclusively and entirely upon the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, unless the financial institution or other third party has actual knowledge of the existence of a claim by a testamentary beneficiary. A financial institution or other third party is not required to inquire as to either the source or ownership of any nonprobate asset in its possession or under its control, or as to the proposed application of an asset so transferred. A transfer of a nonprobate asset in accordance with this section constitutes a complete release and discharge of the financial institution or other third party from all claims relating to the nonprobate asset, regardless of whether or not the transfer is consistent with the actual ownership of the nonprobate asset.

       NEW SECTION. Sec. 109. NOTICE--FORM--LIMITATION ON LIABILITY FOR FAILURE TO PROVIDE NOTICE. (1) Written notice under this chapter must be served personally or by certified mail, return receipt requested and postage prepaid, on the financial institution or other third party having the nonprobate asset in its possession or control, on the beneficiary, on the testamentary beneficiary, and on the personal representative, and proof of the mailing or service must be made by affidavit and filed under the cause number assigned to the owner's estate. Notice to a financial institution must include notice delivered as follows:

       (a) If the nonprobate asset was maintained at a specific office of the financial institution, notice must be delivered to the office at which the nonprobate asset was maintained, which notice must be directed to the manager of the office;

       (b) If the nonprobate asset was held in a trust administered by a financial institution, notice must be delivered to the office at which the trust was administered, which notice must be directed to a named officer responsible for the administration of the trust; and

       (c) In all cases, notice must be delivered to any other location and in any other manner specifically designated in a written agreement signed by the owner and the financial institution, including but not limited to a signature card or deposit agreement.

       (2) Written notice to a financial institution or other third party of the testamentary disposition of a nonprobate asset under this chapter must be in a form substantially similar to the following:


NOTICE OF TESTAMENTARY

DISPOSITION OF NONPROBATE ASSET

 

The undersigned personal representative, petitioner for appointment as personal representative, attorney for the personal representative or petitioner, or testamentary beneficiary under the will of the decedent named above (as that term is defined in section 104 of this act) hereby notifies you that the decedent named above died on (DATE MUST BE SUPPLIED) and left a will dated (DATE OF WILL MUST BE SUPPLIED) disposing of the following nonprobate asset or assets in your possession or control:

 

(EACH SUCH ASSET MUST BE DESCRIBED WITH REASONABLE SPECIFICITY. FOR ACCOUNTS AT FINANCIAL INSTITUTIONS, THE WRITTEN NOTICE MUST SPECIFY THE OFFICE AT WHICH THE ACCOUNT WAS MAINTAINED, THE NAME OR NAMES IN WHICH THE ACCOUNT WAS HELD, AND THE FULL ACCOUNT NUMBER. FOR ASSETS HELD IN TRUST, THE WRITTEN NOTICE MUST SPECIFY THE NAME OR NAMES OF THE GRANTOR, THE NAME OF THE TRUST, IF ANY, AND THE DATE OF THE TRUST INSTRUMENT.)

 

Under chapter 11.-- RCW (sections 101 through 116 of this act), you may not transfer, deliver, or otherwise dispose of the asset or assets listed above in accordance with the beneficiary designation, account registration, or other arrangement made with you by the decedent. You may transfer, deliver, or otherwise dispose of the asset or assets listed above only upon receipt of the written direction of the personal representative or of the testamentary beneficiary, if the personal representative consents.


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                                                                                                                                     (CAPACITY OF SIGNER)


       (3) The personal representative of the estate of the owner, a petitioner for appointment as personal representative, or the testamentary beneficiary may provide written notice under this section. The personal representative has no duty to provide written notice under this section and has no liability for failing or refusing to give the notice.

       (4) Written notice under this section may be provided at any time after the death of the owner and before discharge of the personal representative on closing of the estate, and may be provided before admission to probate of the will.

       NEW SECTION. Sec. 110. VESTING OF RIGHTS AND POWERS UNDER CHAPTER. The right to provide notice under section 109 of this act and the entitlement of the testamentary beneficiary to the nonprobate asset vest immediately upon death of the owner. The power of the personal representative to direct the financial institution or other third party having the nonprobate asset in its possession or under its control to transfer or otherwise dispose of the asset arises upon the later of appointment of the personal representative or admission of the will to probate.

       NEW SECTION. Sec. 111. OWNERSHIP RIGHTS AS BETWEEN INDIVIDUALS PRESERVED--TESTAMENTARY BENEFICIARY MAY RECOVER NONPROBATE ASSET FROM BENEFICIARY--LIMITATION ON ACTION TO RECOVER. (1) The protection accorded to financial institutions and other third parties under section 108 of this act has no bearing on the actual rights of ownership to nonprobate assets as between beneficiaries and testamentary beneficiaries, and their heirs, successors, personal representatives, and assigns.

       (2) A testamentary beneficiary entitled to a nonprobate asset otherwise transferred to a beneficiary not so entitled, and a personal representative of the owner's estate on behalf of the testamentary beneficiary, may petition the superior court having jurisdiction over the owner's estate for an order declaring that the testamentary beneficiary is so entitled, the hearing of the petition to be held in accordance with chapter 11.96 RCW.

       (3) A testamentary beneficiary claiming a nonprobate asset who has not filed such a petition within the earlier of: (a) Six months from the date of admission of the will to probate; and (b) one year from the date of the owner's death, shall be forever barred from making such a claim or commencing such an action.

       NEW SECTION. Sec. 112. NONPROBATE ASSETS NOT PROPERTY OF ESTATE. (1) Notwithstanding any provision of this chapter, a nonprobate asset disposed of under the owner's will may not be treated as a part of the owner's probate estate for any other purpose under this title, unless:

       (a) The nonprobate asset is subject to liabilities and claims, estate taxes, and expenses of administration under RCW 11.18.200; or

       (b) Any section of this title directs otherwise, by specifically referring to this section.

       (2) Provision of notice under this chapter has no effect on the administration of other assets of the estate of the owner. The personal representative has no duty to administer upon a nonprobate asset because of providing the notice, unless specifically required by this chapter or under RCW 11.18.200.

       (3) RCW 11.12.110, regarding death of a devisee or legatee before the testator, does not apply to disposition of a nonprobate asset under a will.

       NEW SECTION. Sec. 113. TRANSFER OF NONPROBATE ASSET TO TESTAMENTARY BENEFICIARY. (1) A financial institution's or third party's obligation to transfer a nonprobate asset to a testamentary beneficiary arises only after it has actual knowledge of the claim of the testamentary beneficiary, and after receiving written direction from the personal representative of the owner's estate, or if the personal representative consents in writing, from the testamentary beneficiary, to make the transfer. The financial institution may also require that its customary procedures be followed in effectuating a transfer of the nonprobate asset.

       (2) Subject to subsection (1) of this section, financial institutions and other third parties may transfer a nonprobate asset that has not already been distributed to the testamentary beneficiary entitled to the nonprobate asset under the owner's will, subject to liabilities and claims, estate taxes, and expenses of administration under RCW 11.18.200.

       NEW SECTION. Sec. 114. AUTHORITY TO WITHHOLD TRANSFER. (1) This chapter does not require any financial institution or other third party to transfer a nonprobate asset to a beneficiary, testamentary beneficiary, or other person claiming an interest in the nonprobate asset if the financial institution or third party has actual knowledge of the existence of a dispute between beneficiaries, testamentary beneficiaries, or other persons concerning rights or ownership to the nonprobate asset under this chapter, or if the financial institution or third party is otherwise uncertain as to who is entitled to receive the nonprobate asset under this chapter. In any such case, the financial institution or third party may, without liability, notify in writing all beneficiaries, testamentary beneficiaries, or other persons claiming an interest in the nonprobate asset of either its uncertainty as to who is entitled to transfer of the nonprobate asset or the existence of any dispute, and it may also, without liability, refuse to transfer a nonprobate asset to a beneficiary or a testamentary beneficiary until such time as either:

       (a) All the beneficiaries, testamentary beneficiaries, and other interested persons have consented in writing to the transfer; or

       (b) The transfer is authorized or directed by a court of proper jurisdiction.

       (2) The expense of obtaining the written consent or court authorization or direction may, by order of the court, be paid by the personal representative as an expense of administration.

       NEW SECTION. Sec. 115. ADVERSE CLAIM BOND. Notwithstanding section 114 of this act, a financial institution or other third party having actual knowledge of the existence of a dispute between beneficiaries, a testamentary beneficiary, or other persons concerning rights to a nonprobate asset under this chapter may condition transfer of the nonprobate asset on execution, in form and with security acceptable to the financial institution or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset on the date of the owner's death or the amount of any adverse claim, whichever is the lesser, indemnifying the financial institution or other third party from any and all liability, loss, damage, costs, and expenses, for and on account of transfer of the nonprobate asset.     NEW SECTION. Sec. 116. APPLICATION OF CHAPTER. This chapter applies to any will of an owner who dies while a resident of this state on or after the effective date of this section, regardless of whether the will was executed or republished before or after the effective date of this section and regardless of whether the beneficiary of the nonprobate asset was designated before or after the effective date of this section.

       Sec. 117. RCW 11.02.005 and 1997 c 252 s 1 are each amended to read as follows:

       When used in this title, unless otherwise required from the context:

       (1) "Personal representative" includes executor, administrator, special administrator, and guardian or limited guardian and special representative.

       (2) "Net estate" refers to the real and personal property of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and debts of, the deceased or the estate.

       (3) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to the intestate, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the intestate who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the intestate but who left issue surviving the intestate; each share of a deceased person in the nearest degree shall be divided among those of the deceased person's issue who survive the intestate and have no ancestor then living who is in the line of relationship between them and the intestate, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the intestate. Posthumous children are considered as living at the death of their parent.

       (4) "Issue" includes all the lawful lineal descendants of the ancestor and all lawfully adopted children.

       (5) "Degree of kinship" means the degree of kinship as computed according to the rules of the civil law; that is, by counting upward from the intestate to the nearest common ancestor and then downward to the relative, the degree of kinship being the sum of these two counts.

       (6) "Heirs" denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.

       (7) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person.

       (8) "Will" means an instrument validly executed as required by RCW 11.12.020.

       (9) "Codicil" means a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will.

       (10) "Guardian" or "limited guardian" means a personal representative of the person or estate of an incompetent or disabled person as defined in RCW 11.88.010 and the term may be used in lieu of "personal representative" wherever required by context.

       (11) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context.

       (12) "Executor" means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context.

       (13) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context.

       (14) "Trustee" means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11.98 RCW applies.

       (15) "Nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under a written instrument or arrangement other than the person's will. "Nonprobate asset" includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, payable on death or trust bank account, transfer on death security or security account, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person's death, community property agreement, individual retirement account or bond, or note or other contract the payment or performance of which is affected by the death of the person. "Nonprobate asset" does not include: A payable-on-death provision of a life insurance policy, annuity, or other similar contract, or of an employee benefit plan; a right or interest passing by descent and distribution under chapter 11.04 RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has waived the power to transfer it or, in the case of contractual arrangement, the person has waived the unilateral right to rescind or modify the arrangement; or a right or interest held by the person solely in a fiduciary capacity. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, RCW 11.07.010(5) applies. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, see RCW 11.07.010(5). For the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see section 104(7) of this act.

       (16) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended or renumbered on January 1, ((1997)) 1998.

        Words that import the singular number may also be applied to the plural of persons and things.

        Words importing the masculine gender only may be extended to females also.

       Sec. 118. RCW 11.07.010 and 1997 c 252 s 2 are each amended to read as follows:

       (1) This section applies to all nonprobate assets, wherever situated, held at the time of entry by a superior court of this state of a decree of dissolution of marriage or a declaration of invalidity.

       (2)(a) If a marriage is dissolved or invalidated, a provision made prior to that event that relates to the payment or transfer at death of the decedent's interest in a nonprobate asset in favor of or granting an interest or power to the decedent's former spouse is revoked. A provision affected by this section must be interpreted, and the nonprobate asset affected passes, as if the former spouse failed to survive the decedent, having died at the time of entry of the decree of dissolution or declaration of invalidity.

       (b) This subsection does not apply if and to the extent that:

       (i) The instrument governing disposition of the nonprobate asset expressly provides otherwise;

       (ii) The decree of dissolution or declaration of invalidity requires that the decedent maintain a nonprobate asset for the benefit of a former spouse or children of the marriage, payable on the decedent's death either outright or in trust, and other nonprobate assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist at the decedent's death; or

       (iii) If not for this subsection, the decedent could not have effected the revocation by unilateral action because of the terms of the decree or declaration, or for any other reason, immediately after the entry of the decree of dissolution or declaration of invalidity.

       (3)(a) A payor or other third party in possession or control of a nonprobate asset at the time of the decedent's death is not liable for making a payment or transferring an interest in a nonprobate asset to a decedent's former spouse whose interest in the nonprobate asset is revoked under this section, or for taking another action in reliance on the validity of the instrument governing disposition of the nonprobate asset, before the payor or other third party has actual knowledge of the dissolution or other invalidation of marriage. A payor or other third party is liable for a payment or transfer made or other action taken after the payor or other third party has actual knowledge of a revocation under this section.

       (b) This section does not require a payor or other third party to pay or transfer a nonprobate asset to a beneficiary designated in a governing instrument affected by the dissolution or other invalidation of marriage, or to another person claiming an interest in the nonprobate asset, if the payor or third party has actual knowledge of the existence of a dispute between the former spouse and the beneficiaries or other persons concerning rights of ownership of the nonprobate asset as a result of the application of this section among the former spouse and the beneficiaries or among other persons, or if the payor or third party is otherwise uncertain as to who is entitled to the nonprobate asset under this section. In such a case, the payor or third party may, without liability, notify in writing all beneficiaries or other persons claiming an interest in the nonprobate asset of either the existence of the dispute or its uncertainty as to who is entitled to payment or transfer of the nonprobate asset. The payor or third party may also, without liability, refuse to pay or transfer a nonprobate asset in such a circumstance to a beneficiary or other person claiming an interest until the time that either:

       (i) All beneficiaries and other interested persons claiming an interest have consented in writing to the payment or transfer; or

       (ii) The payment or transfer is authorized or directed by a court of proper jurisdiction.

       (c) Notwithstanding subsections (1) and (2) of this section and (a) and (b) of this subsection, a payor or other third party having actual knowledge of the existence of a dispute between beneficiaries or other persons concerning rights to a nonprobate asset as a result of the application of this section may condition the payment or transfer of the nonprobate asset on execution, in a form and with security acceptable to the payor or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset at the time of the decedent's death or the amount of an adverse claim, whichever is the lesser, or of a similar instrument to provide security to the payor or other third party, indemnifying the payor or other third party for any liability, loss, damage, costs, and expenses for and on account of payment or transfer of the nonprobate asset.

       (d) As used in this subsection, "actual knowledge" means, for a payor or other third party in possession or control of the nonprobate asset at or following the decedent's death, written notice to the payor or other third party, or to an officer of a payor or third party in the course of his or her employment, received after the decedent's death and within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge. The notice must identify the nonprobate asset with reasonable specificity. The notice also must be sufficient to inform the payor or other third party of the revocation of the provisions in favor of the decedent's spouse by reason of the dissolution or invalidation of marriage, or to inform the payor or third party of a dispute concerning rights to a nonprobate asset as a result of the application of this section. Receipt of the notice for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

       (4)(a) A person who purchases a nonprobate asset from a former spouse or other person, for value and without actual knowledge, or who receives from a former spouse or other person payment or transfer of a nonprobate asset without actual knowledge and in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, property, or benefit nor is liable under this section for the amount of the payment or the value of the nonprobate asset. However, a former spouse or other person who, with actual knowledge, not for value, or not in satisfaction of a legally enforceable obligation, receives payment or transfer of a nonprobate asset to which that person is not entitled under this section is obligated to return the payment or nonprobate asset, or is personally liable for the amount of the payment or value of the nonprobate asset, to the person who is entitled to it under this section.

       (b) As used in this subsection, "actual knowledge" means, for a person described in (a) of this subsection who purchases or receives a nonprobate asset from a former spouse or other person, personal knowledge or possession of documents relating to the revocation upon dissolution or invalidation of marriage of provisions relating to the payment or transfer at the decedent's death of the nonprobate asset, received within a time after the decedent's death and before the purchase or receipt that is sufficient to afford the person purchasing or receiving the nonprobate asset reasonable opportunity to act upon the knowledge. Receipt of the personal knowledge or possession of the documents for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

       (5) As used in this section, "nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under only the following written instruments or arrangements other than the decedent's will:

       (a) A payable-on-death provision of a life insurance policy, employee benefit plan, annuity or similar contract, or individual retirement account;

       (b) A payable-on-death, trust, or joint with right of survivorship bank account;

       (c) A trust of which the person is a grantor and that becomes effective or irrevocable only upon the person's death; or

       (d) Transfer on death beneficiary designations of a transfer on death or pay on death security, if such designations are authorized under Washington law.

       ((However, for the general definition of "nonprobate asset" in this title, RCW 11.02.005 applies.)) For the general definition in this title of "nonprobate asset," see RCW 11.02.005(15) and for the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see section 104(7) of this act.

       (6) This section is remedial in nature and applies as of July 25, 1993, to decrees of dissolution and declarations of invalidity entered after July 24, 1993, and this section applies as of January 1, 1995, to decrees of dissolution and declarations of invalidity entered before July 25, 1993.


PART II--PROBATE


       Sec. 201. RCW 11.54.070 and 1997 c 252 s 54 are each amended to read as follows:

       (1) Except as provided in ((subsection)) RCW 11.54.060(2) ((of this section)), property awarded and cash paid under this chapter is immune from all debts, including judgments and judgment liens, of the decedent and of the surviving spouse existing at the time of death.

       (2) Both the decedent's and the surviving spouse's interests in any community property awarded to the spouse under this chapter are immune from the claims of creditors.

       Sec. 202. RCW 11.68.110 and 1997 c 252 s 68 are each amended to read as follows:

       (1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state as follows:

       (a) The date of the decedent's death and the decedent's residence at the time of death;

       (b) Whether or not the decedent died testate or intestate;

       (c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will;

       (d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of estate taxes due as the result of the decedent's death has been determined, settled, and paid;

       (e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed;

       (f) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and

       (g) The amount of fees paid or to be paid to each of the following: (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval.

       (2) Subject to the requirement of notice as provided in this section, unless an heir, devisee, or legatee of a decedent petitions the court either for an order requiring the personal representative to obtain court approval of the amount of fees paid or to be paid to the personal representative, lawyers, appraisers, or accountants, or for an order requiring an accounting, or both, within thirty days from the date of filing a declaration of completion of probate, the personal representative will be automatically discharged without further order of the court and the representative's powers will cease thirty days after the filing of the declaration of completion of probate, and the declaration of completion of probate shall, at that time, be the equivalent of the entry of a decree of distribution in accordance with chapter 11.76 RCW for all legal intents and purposes.

       (3) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative's lawyer shall mail a copy of the declaration of completion to each heir, legatee, or devisee of the decedent, who: (a) Has not waived notice of the filing, in writing, filed in the cause((, or who, not having waived notice,)); and (b) either has not received the full amount of the distribution to which the heir, legatee, or devisee is entitled or has a property right that might be affected adversely by the discharge of the personal representative under this section, together with a notice which shall be substantially as follows:


                              CAPTION                                               NOTICE OF FILING OF

                               OF                                                 DECLARATION OF COMPLETION

                                CASE                                                             OF PROBATE

       NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . . day of . . . . . ., 19. . .; unless you shall file a petition in the above-entitled court requesting the court to approve the reasonableness of the fees, or for an accounting, or both, and serve a copy thereof upon the personal representative or the personal representative's lawyer, within thirty days after the date of the filing, the amount of fees paid or to be paid will be deemed reasonable, the acts of the personal representative will be deemed approved, the personal representative will be automatically discharged without further order of the court, and the Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW.

       If you file and serve a petition within the period specified, the undersigned will request the court to fix a time and place for the hearing of your petition, and you will be notified of the time and place thereof, by mail, or personal service, not less than ten days before the hearing on the petition.


       Dated this . . . . day of . . . . . ., 19. . .


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

                                                                                                                                   Personal Representative


       (4) If all heirs, devisees, and legatees of the decedent entitled to notice under this section waive, in writing, the notice required by this section, the personal representative will be automatically discharged without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative.

       Sec. 203. RCW 11.68.114 and 1997 c 252 s 70 are each amended to read as follows:

       (1) The personal representative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related directly or indirectly to such determination or payment; pay from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the personal representative or by the personal representative's employees, independent contractors, and other agents, in addition to any taxes, interest, or penalties assessed by a taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the intended beneficiaries of the reserve; if:

       (a) In lieu of the statement set forth in RCW 11.68.110(1)(e), the declaration of completion of probate states that:

 

The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed, except for the determination of taxes and of interest and penalties thereon as permitted under this section;


and

       (b) The notice of the filing of declaration of completion of probate must be in substantially the following form:


                              CAPTION                                                 NOTICE OF FILING OF

                                OF                                           DECLARATION OF COMPLETION

                               CASE                                                        OF PROBATE

 

NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . day of . . . . , . . . .; unless you file a petition in the above-entitled court requesting the court to approve the reasonableness of the fees, or for an accounting, or both, and serve a copy thereof upon the personal representative or the personal representative's lawyer, within thirty days after the date of the filing:

(i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable;

(ii) The Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW;

(iii) The acts that the personal representative performed before the Declaration of Completion of Probate was filed will be deemed approved, and the personal representative will be automatically discharged without further order of the court with respect to all such acts; and

(iv) The personal representative will retain the power to deal with the taxing authorities, together with $. . . . for the determination and payment of all remaining tax obligations. Only that portion of the reserve that remains after the settlement of any tax liability, and the payment of any expenses associated with such settlement, will be distributed to the persons legally entitled to the reserve.


       (2) If the requirements in subsection (1) of this section are met, the personal representative is discharged from all claims other than those relating to the settlement of any tax obligations and the actual distribution of the reserve, at the effective date of the declaration of completion. The personal representative is discharged from liability from the settlement of any tax obligations and the distribution of the reserve, and the personal representative's powers cease, thirty days after the personal representative((:

       (a))) has mailed to those persons who would have shared in the distribution of the reserve had the reserve remained intact((;)) and

       (((b))) has filed with the court copies of checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the thirty-day period for an order requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve. If the personal representative has been required to furnish a bond, any bond furnished by the personal representative is automatically discharged upon the final discharge of the personal representative.

       Sec. 204. 1997 c 252 s 87 (uncodified) is amended to read as follows:

       The following acts or parts of acts are each repealed, effective December 31, 1997, for estates of decedents dying after December 31, 1997:

       (1) RCW 11.40.011 and 1989 c 333 s 2, 1983 c 201 s 1, & 1967 ex.s. c 106 s 3;

       (2) RCW 11.40.012 and 1989 c 333 s 3;

       (3) RCW 11.40.013 and 1994 c 221 s 26 & 1989 c 333 s 4;

       (4) RCW 11.40.014 and 1989 c 333 s 5;

       (5) RCW 11.40.015 and 1994 c 221 s 27 & 1989 c 333 s 6;

       (6) RCW 11.42.160 and 1994 c 221 s 46;

       (7) RCW 11.42.170 and 1994 c 221 s 47;

       (8) RCW 11.42.180 and 1994 c 221 s 48;

       (9) RCW 11.44.066 and 1990 c 180 s 1 & 1974 ex.s. c 117 s 49;

       (10) RCW 11.52.010 and 1987 c 442 s 1116, 1984 c 260 s 17, 1974 ex.s. c 117 s 7, 1971 ex.s. c 12 s 2, 1967 c 168 s 12, & 1965 c 145 s 11.52.010;

       (11) RCW 11.52.012 and 1985 c 194 s 1, 1984 c 260 s 18, 1977 ex.s. c 234 s 9, 1974 ex.s. c 117 s 8, & 1965 c 145 s 11.52.012;

       (12) RCW 11.52.014 and 1965 c 145 s 11.52.014;

       (13) RCW 11.52.016 and 1988 c 202 s 18, 1972 ex.s. c 80 s 1, & 1965 c 145 s 11.52.016;

       (14) RCW 11.52.020 and 1985 c 194 s 2, 1984 c 260 s 19, 1974 ex.s. c 117 s 9, 1971 ex.s. c 12 s 3, 1967 c 168 s 13, & 1965 c 145 s 11.52.020;

       (15) RCW 11.52.022 and 1985 c 194 s 3, 1984 c 260 s 20, 1977 ex.s. c 234 s 10, 1974 ex.s. c 117 s 10, 1971 ex.s. c 12 s 4, & 1965 c 145 s 11.52.022;

       (16) RCW 11.52.024 and 1972 ex.s. c 80 s 2 & 1965 c 145 s 11.52.024;

       (17) RCW 11.52.030 and 1965 c 145 s 11.52.030;

       (18) RCW 11.52.040 and 1965 c 145 s 11.52.040;

       (19) RCW 11.52.050 and 1967 c 168 s 14;

       (20) RCW 11.68.010 and 1994 c 221 s 50, 1977 ex.s. c 234 s 18, 1974 ex.s. c 117 s 13, 1969 c 19 s 1, & 1965 c 145 s 11.68.010;

       (21) RCW 11.68.020 and 1974 ex.s. c 117 s 14 & 1965 c 145 s 11.68.020;

       (22) RCW 11.68.030 and 1977 ex.s. c 234 s 19, 1974 ex.s. c 117 s 15, & 1965 c 145 s 11.68.030; and

       (23) RCW 11.68.040 and 1977 ex.s. c 234 s 20, 1974 ex.s. c 117 s 16, & 1965 c 145 s 11.68.040.

       Sec. 205. 1997 c 252 s 89 (uncodified) is amended to read as follows:

       Sections 1 through ((73 of this act)) 72, chapter 252, Laws of 1997 apply to estates of decedents dying after December 31, 1997. Sections 81 through 86, chapter 252, Laws of 1997 apply to all estates, trusts, and governing instruments in existence on or at any time after March 7, 1984, and to all proceedings with respect thereto after March 7, 1984, whether the proceedings commenced before or after March 7, 1984, and including distributions made after March 7, 1984. Sections 81 through 86, chapter 252, Laws of 1997 do not apply to any governing instrument, the terms of which expressly or by necessary implication make the application of sections 81 through 86, chapter 252, Laws of 1997 inapplicable. The judicial and nonjudicial dispute resolution procedures of chapter 11.96 RCW apply to sections 81 through 86, chapter 252, Laws of 1997.

PART III--UNIFORM TRANSFERS TO MINORS ACT


       Sec. 301. RCW 11.114.030 and 1991 c 193 s 3 are each amended to read as follows:

       (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: ". . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act." The nomination may name one or more persons as substitute custodians to whom the property shall be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.

       As an alternative to naming a specific person as custodian, the nomination may provide that the custodian may be designated by the legal representative of, or other person specified by, the person having the right to designate the recipient of the property described in this subsection. The person having the right of designation of the custodian is authorized to designate himself or herself as custodian, if he or she falls within the class of persons eligible to serve as custodian under RCW 11.114.090(1).

       (2) A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under RCW 11.114.090(1).

       (3) Instead of designating one specific minor, the designation may specify multiple persons or a class or classes of persons, but when the custodial property is actually created under subsection (4) of this section, it must be constituted as a separate custodianship for each beneficiary, and each beneficiary's interest in it must be determined in accordance with the governing instrument and applicable law.

       (4) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under RCW 11.114.090. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to RCW 11.114.090.


PART IV--INTERNAL REVENUE CODE REFERENCES


       Sec. 401. RCW 83.100.020 and 1994 c 221 s 70 are each amended to read as follows:

       As used in this chapter:

       (1) "Decedent" means a deceased individual;

       (2) "Department" means the department of revenue, the director of that department, or any employee of the department exercising authority lawfully delegated to him by the director;

       (3) "Federal credit" means (a) for a transfer, the maximum amount of the credit for state taxes allowed by section 2011 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code;

       (4) "Federal return" means any tax return required by chapter 11 or 13 of the Internal Revenue Code;

       (5) "Federal tax" means (a) for a transfer, a tax under chapter 11 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the tax under chapter 13 of the Internal Revenue Code;

       (6) "Generation-skipping transfer" means a "generation-skipping transfer" as defined and used in section 2611 of the Internal Revenue Code;

       (7) "Gross estate" means "gross estate" as defined and used in section 2031 of the Internal Revenue Code;

       (8) "Nonresident" means a decedent who was domiciled outside Washington at his death;

       (9) "Person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof;

       (10) "Person required to file the federal return" means any person required to file a return required by chapter 11 or 13 of the Internal Revenue Code, such as the personal representative of an estate; or a transferor, trustee, or beneficiary of a generation-skipping transfer; or a qualified heir with respect to qualified real property, as defined and used in section 2032A(c) of the Internal Revenue Code;

       (11) "Property" means (a) for a transfer, property included in the gross estate; and (b) for a generation-skipping transfer, all real and personal property subject to the federal tax;

       (12) "Resident" means a decedent who was domiciled in Washington at time of death;

       (13) "Transfer" means "transfer" as used in section 2001 of the Internal Revenue Code, or a disposition or cessation of qualified use as defined and used in section 2032A(c) of the Internal Revenue Code;

       (14) "Trust" means "trust" under Washington law and any arrangement described in section 2652 of the Internal Revenue Code; and

       (15) "Internal Revenue Code" means, for the purposes of this chapter and RCW 83.110.010, the United States Internal Revenue Code of 1986, as amended or renumbered on January 1, ((1995)) 1998.

       Sec. 402. RCW 83.110.010 and 1994 c 221 s 71 are each amended to read as follows:

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

       (1) "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state;

       (2) "Excise tax" means the federal excise tax imposed by section 4980A(d) of the Internal Revenue Code, and interest and penalties imposed in addition to the excise tax;

       (3) "Fiduciary" means executor, administrator of any description, and trustee;

       (4) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as ((amended or renumbered on January 1, 1995)) defined in and as of the date specified in RCW 83.100.020;

       (5) "Person" means any individual, partnership, association, joint stock company, corporation, government, political subdivision, governmental agency, or local governmental agency;

       (6) "Persons interested in retirement distributions" means any person determined as of the date the excise tax is due, including a personal representative, guardian, trustee, or beneficiary, entitled to receive, or who has received, by reason of or following the death of a decedent, any property or interest therein which constitutes a retirement distribution as defined in section 4980A(e) of the Internal Revenue Code, but this definition excludes any alternate payee under a qualified domestic relations order as such terms are defined in section 414(p) of the Internal Revenue Code;

       (7) "Person interested in the estate" means any person, including a personal representative, guardian, or trustee, entitled to receive, or who has received, from a decedent while alive or by reason of the death of a decedent any property or interest therein included in the decedent's taxable estate;

       (8) "Qualified heir" means a person interested in the estate who is entitled to receive, or who has received, an interest in qualified real property;

       (9) "Qualified real property" means real property for which the election described in section 2032A of the Internal Revenue Code has been made;

       (10) "State" means any state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and

       (11) "Tax" means the federal estate tax, the excise tax defined in subsection (2) of this section, and the estate tax payable to this state and interest and penalties imposed in addition to the tax.


PART V--SLAYER'S STATUTE


       NEW SECTION. Sec. 501. A new section is added to chapter 41.04 RCW to read as follows:

       (1) For purposes of this section, the following definitions shall apply:

       (a) "Slayer" means a slayer as defined in RCW 11.84.010.

       (b) "Decedent" means any person whose life is taken by a slayer, and who is entitled to benefits from the Washington state department of retirement systems by written designation or by operation of law.



       (2) Property that would have passed to or for the benefit of a beneficiary under one of the retirement systems listed in RCW 41.50.030 shall not pass to that beneficiary if the beneficiary was a slayer of the decedent and the property shall be distributed as if the slayer had predeceased the decedent.

       (3) A slayer is deemed to have predeceased the decedent as to property which, by designation or by operation of law, would have passed from the decedent to the slayer because of the decedent's entitlement to benefits under one of the retirement systems listed in RCW 41.50.030.

       (4)(a) The department of retirement systems has no affirmative duty to determine whether a beneficiary is, or is alleged to be, a slayer. However, upon receipt of written notice that a beneficiary is a defendant in a civil lawsuit that alleges the beneficiary is a slayer or is charged with a crime that, if committed, means the beneficiary is a slayer, the department of retirement systems shall determine whether the beneficiary is a defendant in such a civil suit or has been formally charged in court with the crime, or both. If so, the department shall withhold payment of any benefits until:

       (i) The case or charges, or both if both are pending, are dismissed;

       (ii) The beneficiary is found not guilty in the criminal case or prevails in the civil suit, or both if both are pending; or

       (iii) The beneficiary is convicted or is found to be a slayer in the civil suit.

       (b) If the case or charges, or both if both are pending, are dismissed or if a beneficiary is found not guilty or prevails in the civil suit, or both if both are pending, the department shall pay the beneficiary the benefits the beneficiary is entitled to receive. If the beneficiary is convicted or found to be a slayer in a civil suit, the department shall distribute the benefits according to subsection (2) of this section.

       (5) The slayer's conviction for having participated in the willful and unlawful killing of the decedent shall be admissible in evidence against a claimant of property in any civil action arising under this section.

       (6) This section shall not subject the department of retirement systems to liability for payment made to a slayer or alleged slayer prior to the department's receipt of written notice that the slayer has been convicted of, or the alleged slayer has been formally criminally or civilly charged in court with, the death of the decedent. If the conviction or civil judgment of a slayer is reversed on appeal, the department of retirement systems shall not be liable for payment made prior to the receipt of written notice of the reversal to a beneficiary other than the person whose conviction or civil judgment is reversed.

       NEW SECTION. Sec. 502. A new section is added to chapter 11.84 RCW to read as follows:

       Proceeds payable to a slayer as the beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030, by virtue of the decedent's membership in the department of retirement systems or by virtue of the death of decedent, shall be paid instead as designated in section 501 of this act.

       Sec. 503. RCW 11.84.900 and 1965 c 145 s 11.84.900 are each amended to read as follows:

       This chapter shall ((not be considered penal in nature, but shall)) be construed broadly ((in order)) to effect the policy of this state that no person shall be allowed to profit by his own wrong, wherever committed.

       Sec. 504. RCW 11.02.070 and 1967 c 168 s 1 are each amended to read as follows:

       Except as provided in sections 501 and 502 of this act, upon the death of a decedent, a one-half share of the community property shall be confirmed to the surviving spouse, and the other one-half share shall be subject to testamentary disposition by the decedent, or shall descend as provided in chapter 11.04 RCW. The whole of the community property shall be subject to probate administration for all purposes of this title, including the payment of obligations and debts of the community, the award in lieu of homestead, the allowance for family support, and any other matter for which the community property would be responsible or liable if the decedent were living.

       Sec. 505. RCW 26.16.120 and Code 1881 s 2416 are each amended to read as follows:

       Nothing contained in any of the provisions of this chapter or in any law of this state, shall prevent the husband and wife from jointly entering into any agreement concerning the status or disposition of the whole or any portion of the community property, then owned by them or afterwards to be acquired, to take effect upon the death of either. But such agreement may be made at any time by the husband and wife by the execution of an instrument in writing under their hands and seals, and to be witnessed, acknowledged and certified in the same manner as deeds to real estate are required to be, under the laws of the state, and the same may at any time thereafter be altered or amended in the same manner((: PROVIDED, HOWEVER, That)). Such agreement shall not derogate from the right of creditors((,)); nor be construed to curtail the powers of the superior court to set aside or cancel such agreement for fraud or under some other recognized head of equity jurisdiction, at the suit of either party; nor prevent the application of laws governing the community property and inheritance rights of slayers under chapter 11.84 RCW.

       NEW SECTION. Sec. 506. Sections 501 through 505 of this act apply to acts that result in unlawful killings of decedents by slayers on and after the effective date of this section.

       NEW SECTION. Sec. 507. If any part of sections 501 through 505 of this act is found to be in conflict with federal requirements, the conflicting part of sections 501 through 505 of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination does not affect the operation of the remainder of sections 501 through 505 of this act. Rules adopted under sections 501 through 505 of this act must meet federal requirements.


PART VI--MISCELLANEOUS--EFFECTIVE DATES


       NEW SECTION. Sec. 601. Part headings and section captions used in this act are not any part of the law.

       NEW SECTION. Sec. 602. Sections 101 through 116 of this act constitute a new chapter in Title 11 RCW.

       NEW SECTION. Sec. 603. (1) Sections 101 through 116 and 118 of this act take effect July 1, 1999.

       (2) Sections 117, 201 through 205, 301, 401, 501 through 507, and 604 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

       NEW SECTION. Sec. 604. (1) Sections 201 through 205 of this act are remedial in nature and apply retroactively to July 27, 1997, and thereafter.

       (2) Section 301 of this act is remedial in nature and applies retroactively to July 1, 1991, and thereafter."

       On page 1, line 1 of the title, after "law;" strike the remainder of the title and insert "amending RCW 11.02.005, 11.07.010, 11.54.070, 11.68.110, 11.68.114, 11.114.030, 83.100.020, 83.110.010, 11.84.900, 11.02.070, and 26.16.120; amending 1997 c 252 s 87 (uncodified); amending 1997 c 252 s 89 (uncodified); adding a new section to chapter 41.04 RCW; adding a new section to chapter 11.84 RCW; adding a new chapter to Title 11 RCW; creating new sections; providing an effective date; and declaring an emergency.", and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Bauer, Roach; Representatives Carlson, Costa.


MOTION


      Senator Johnson moved that the Report of the Conference Committee on Substitute Senate Bill No. 6181 be adopted.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Substitute Senate Bill No. 6181.

      The motion by Senator Johnson carried and the Report of the Conference Committee on Substitute Senate Bill No. 6181 was adopted.


MOTION


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

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6181, as recommended by the Conference Committee.



ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6181, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      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, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Absent: Senator Strannigan - 1.             Excused: Senators Benton and Schow - 2.            SUBSTITUTE SENATE BILL NO. 6181, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 11, 1998

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on SECOND SUBSTITUTE SENATE BILL NO. 6190 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


REPORT OF CONFERENCE COMMITTEE

2SSB 6190                                                                                                                                                                                   March 10, 1998

Includes “'NEW ITEM”: YES

Disabled persons' parking


MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred SECOND SUBSTITUTE SENATE BILL NO. 6190, disabled person's parking, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.16.381 and 1995 c 384 s 1 are each amended to read as follows:

       (1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician:

       (a) Cannot walk two hundred feet without stopping to rest;

       (b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

       (c) Is so severely disabled, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

       (d) Uses portable oxygen;

       (e) Is restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

       (f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American Heart Association; or

       (g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk. The personal physician of the applicant shall document that the disability is comparable in severity to the others listed in this subsection.

       (2) The applications for disabled parking permits and temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable under chapter 9A.20 RCW. The following statement must appear on each application form immediately below the physician's signature and immediately below the applicant's signature: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility (RCW 46.16.381). Knowingly providing false information on this application is a gross misdemeanor. The penalty is up to one year in jail and a fine of up to $5,000 or both."

       (3) Persons who qualify for special parking privileges are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access and an individual serial number, along with a special identification card bearing the photograph, name, and date of birth of the person to whom the placard is issued, and the placard's serial number. The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the disabled person. Instead of regular motor vehicle license plates, disabled persons are entitled to receive special license plates bearing the international symbol of access for one vehicle registered in the disabled person's name. Disabled persons who are not issued the special license plates are entitled to receive a second special placard upon submitting a written request to the department. Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the special license plates or placard may park in places reserved for mobility disabled persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding homes, senior citizen center, private nonprofit agency, or cabulance service if the vehicle is primarily used to transport persons with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior citizen centers, private nonprofit agencies, and cabulance services are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use.

       (((3))) (4) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle. If another vehicle is acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate. If another vehicle is not acquired by the disabled person, the removed plate shall be immediately surrendered to the director.

       (((4))) (5) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who has a condition expected to improve within six months may be issued a temporary placard for a period not to exceed six months. ((The director may issue a second temporary placard during that period if requested by the person who is temporarily disabled.)) If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the disabled person's physician. The permanent parking placard and photo identification card of a disabled person shall be renewed((, when)) at least every five years, as required by the director, by satisfactory proof of the right to continued use of the privileges. In the event of the permit holder's death, the parking placard and photo identification card must be immediately surrendered to the department. The department shall match and purge its disabled permit data base with available death record information at least every twelve months.

       (((5))) (6) Each person who has been issued a permanent disabled parking permit on or before July 1, 1998, must renew the permit no later than July 1, 2003, subject to a schedule to be set by the department, or the permit will expire.

       (7) Additional fees shall not be charged for the issuance of the special placards or the photo identification cards. No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle.

       (((6))) (8) Any unauthorized use of the special placard ((or the)), special license plate, or photo identification card is a ((misdemeanor)) traffic infraction with a monetary penalty of two hundred fifty dollars.

       (((7))) (9) It is a parking infraction, with a monetary penalty of two hundred fifty dollars for a person to make inaccessible the access aisle located next to a space reserved for physically disabled persons. The clerk of the court shall report all violations related to this subsection to the department.

       (10) It is a parking infraction, with a monetary penalty of ((one hundred seventy-five)) two hundred fifty dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. A local jurisdiction providing nonmetered, on-street parking places reserved for physically disabled persons may impose by ordinance time restrictions of no less than four hours on the use of these parking places. A local jurisdiction may impose by ordinance time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards. All time restrictions must be clearly posted.

       (((8))) (11) The ((penalty)) penalties imposed under subsections (((7))) (9) and (10) of this section shall be used by that local jurisdiction exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage of the improperly parked vehicle.

       (((9))) (12) Except as provided by subsection (2) of this section, it is a ((misdemeanor)) traffic infraction with a monetary penalty of two hundred fifty dollars for any person ((to)) willfully to obtain a special license plate ((or)), placard, or photo identification card in a manner other than that established under this section.

       (13)(a) A law enforcement agency authorized to enforce parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581. Volunteers must be at least twenty-one years of age. The law enforcement agency appointing volunteers may establish any other qualifications the agency deems desirable.

       (b) An agency appointing volunteers under this section must provide training to the volunteers before authorizing them to issue notices of infractions.

       (c) A notice of infraction issued by a volunteer appointed under this subsection has the same force and effect as a notice of infraction issued by a police officer for the same offense.

       (d) A police officer or a volunteer may request a person to show the person's photo identification card or special parking placard when investigating the possibility of a violation of this section. If the request is refused, the person in charge of the vehicle may be issued a notice of infraction for a violation of this section.

       (14) For second or subsequent violations of this section, in addition to a monetary fine, the violator must complete a minimum of forty hours of:

       (a) Community service for a nonprofit organization that serves the disabled community or persons having disabling diseases; or

       (b) Any other community service that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

       (15) The court may not suspend more than one-half of any fine imposed under subsection (8), (9), (10), or (12) of this section.

       Sec. 2. RCW 46.61.581 and 1988 c 74 s 1 are each amended to read as follows:

       A parking space or stall for a disabled person shall be indicated by a vertical sign, between thirty-six and eighty-four inches off the ground, with the international symbol of access, whose colors are white on a blue background, described under RCW 70.92.120 and the notice "State disabled parking permit required."

       Failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a class ((4)) 2 civil infraction under chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a class 2 civil infraction.

       Sec. 3. RCW 46.63.020 and 1997 c 229 s 13 and 1997 c 66 s 8 are each reenacted and amended to read as follows:

       Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

       (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

       (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

       (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

       (4) RCW 46.10.130 relating to the operation of snowmobiles;

       (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

       (6) RCW 46.16.010 relating to initial registration of motor vehicles;

       (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

       (8) RCW 46.16.160 relating to vehicle trip permits;

       (9) RCW 46.16.381 (((6) or (9))) (2) relating to ((unauthorized use or acquisition of)) knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;

       (10) RCW 46.20.005 relating to driving without a valid driver's license;

       (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

       (12) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

       (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

       (14) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

       (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

       (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;

       (17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

       (18) RCW 46.25.170 relating to commercial driver's licenses;

       (19) Chapter 46.29 RCW relating to financial responsibility;

       (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;

       (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;

       (22) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

       (23) RCW 46.48.175 relating to the transportation of dangerous articles;

       (24) RCW 46.52.010 relating to duty on striking an unattended car or other property;

       (25) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

       (26) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

       (27) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

       (28) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

       (29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

       (30) RCW 46.55.035 relating to prohibited practices by tow truck operators;

       (31) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

       (32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

       (33) RCW 46.61.022 relating to failure to stop and give identification to an officer;

       (34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

       (35) RCW 46.61.500 relating to reckless driving;

       (36) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

       (37) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

       (38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

       (39) RCW 46.61.522 relating to vehicular assault;

       (40) RCW 46.61.5249 relating to first degree negligent driving;

       (41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

       (42) RCW 46.61.530 relating to racing of vehicles on highways;

       (43) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

       (44) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

       (45) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

       (46) Chapter 46.65 RCW relating to habitual traffic offenders;

       (47) RCW 46.68.010 relating to false statements made to obtain a refund;

       (48) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

       (49) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

       (50) RCW 46.72A.060 relating to limousine carrier insurance;

       (51) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

       (52) RCW 46.72A.080 relating to false advertising by a limousine carrier;

       (53) Chapter 46.80 RCW relating to motor vehicle wreckers;

       (54) Chapter 46.82 RCW relating to driver's training schools;

       (55) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

       (56) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW."

       On page 1, line 1 of the title, after "persons;" strike the remainder of the title and insert "amending RCW 46.16.381 and 46.61.581; reenacting and amending RCW 46.63.020; and prescribing penalties.", and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Oke, Fairley, Wood; Representatives Mitchell, Robertson.


MOTION


      Senator Oke moved that the Report of the Conference Committee on Second Substitute Senate Bill No. 6190 be adopted.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Second Substitute Senate Bill No. 6190.

      The motion by Senator Oke carried and the Report of the Conference Committee on Second Substitute Senate Bill No. 6190 was adopted.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6190, as recommended by the Conference Committee.

ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6190, as recommended by the Conference Committee, 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, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Absent: Senator Strannigan - 1.             SECOND SUBSTITUTE SENATE BILL NO. 6190, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 11, 1998

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6204 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


REPORT OF CONFERENCE COMMITTEE

ESSB 6204                                                                                                                                                                                  March 10, 1998

Includes “'NEW ITEM”: YES

Increasing the efficiency of registering and identifying livestock


MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6204, increasing the efficiency of registering and identifying livestock, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 16.57.010 and 1996 c 105 s 1 are each amended to read as follows:

       For the purpose of this chapter:

       (1) "Department" means the department of agriculture of the state of Washington.

       (2) "Director" means the director of the department or a duly appointed representative.

       (3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

       (4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry and rabbits.

       (5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the ((director)) board to be used in conjunction with a brand or by itself.

       (6) "Production record brand" means a number brand which shall be used for production identification purposes only.

       (7) "((Brand)) Livestock inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.

       (8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the ((director)) board.

       (9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.

       (10) "Poultry" means chickens, turkeys, ratites, and other domesticated fowl.

       (11) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.

       (12) "Ratite farming" means breeding, raising, and rearing of an ostrich, emu, or rhea in captivity or an enclosure.

       (13) "Microchipping" means the implantation of an identification microchip or similar electronic identification device to establish the identity of an individual animal:

       (a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;

       (b) In the nuchal ligament of a horse unless otherwise specified by rule of the ((director)) board; and

       (c) In locations of other livestock species as specified by rule of the ((director)) board when requested by an association of producers of that species of livestock.

       (14) "Livestock identification board" or "board" means the board established under RCW 16.57.015.

       (15) "Certificate of permit" means a form prescribed by and obtained from the board that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It does not evidence inspection of livestock.

       (16) "Inspection certificate" means a certificate issued by the board documenting the ownership of livestock based on an inspection of livestock by the board. It includes an individual identification certificate issued by the board.

       (17) "Self-inspection certificate" means a form prescribed by and obtained from the board that is used for self-inspection of cattle or horses and is signed by the buyer and seller of the cattle or horses.

       Sec. 2. RCW 16.57.015 and 1993 c 354 s 10 are each amended to read as follows:

       (1) ((The director shall establish a livestock identification advisory board. The board shall be composed of six members appointed by the director. One member shall represent each of the following groups: Beef producers, public livestock market operators, horse owners, dairy farmers, cattle feeders, and meat processors. In making appointments, the director shall solicit nominations from organizations representing these groups state-wide.

       (2) The purpose of the board is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding brand inspection fees and related licensing fees. The director shall consult the board before adopting, amending, or repealing a rule under this chapter or altering a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090. If the director publishes in the state register a proposed rule to be adopted under the authority of this chapter or a proposed rule setting a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090 and the rule has not received the approval of the advisory board, the director shall file with the board a written statement setting forth the director's reasons for proposing the rule without the board's approval.

       (3) The members of the advisory board serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the board to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.)) There is established a Washington state livestock identification board. The board is composed of the director, who shall be a nonvoting member, and six voting members appointed by the governor as follows: One beef producer, one cattle feeder, one dairy producer, one livestock market owner, one meat packer, and one horse producer. Organizations representing the groups represented on the board may submit nominations for these appointments to the governor for the governor's consideration. Three members of the initial board shall be appointed for two years and three members shall be appointed for three years, thereafter gubernatorially appointed members shall be appointed for a three-year term. Members may succeed themselves. As used in this subsection, "meat packer" means a person licensed to operate a slaughtering establishment under chapter 16.49A RCW.

       (2) The board shall be responsible for the administration of the livestock identification program which includes the review of recording and registration of brands, approval of all expenditures from the livestock identification account, administration of this chapter and chapters 16.58 and 16.65 RCW, administration of the inspection, enforcement, and licensing activities, fee setting, and holding hearings and adopting rules for the administration of the livestock identification program. Authorities and responsibilities other than rule making that are granted to the board by this chapter and chapters 16.58 and 16.65 RCW may be delegated by the board to duly authorized representatives of the board. The board shall adopt rules regarding such authorities and responsibilities in accordance with chapter 34.05 RCW.

       (3) Until June 30, 2004, the board shall contract with the department for registration and recording and for livestock inspection or investigation work and fix the compensation and terms of the contract. Beginning July 1, 2004, the board may contract with the department or other entities to provide such registration, recording, inspection, or investigation.

       (4) Members of the board shall receive compensation as provided by RCW 43.03.240 and travel expenses to meetings or in otherwise carrying out the duties of the board as provided under RCW 43.03.050 and 43.03.060. The board shall meet at least quarterly in each calendar year. The board shall hire staff as necessary to carry out its duties.

       (5) The board may select the area of the state in which to locate its principal office, which may include an area that is, by and large, near the geographic center of the state. The department shall examine the rental and other costs of locating the principal office from which it administers any contract it has with the board in an area that is, by and large, near the geographic center of the state. The department shall compare these costs with those of maintaining the principal office in its current location. The department shall report its findings to the board and shall consider moving its principal office for such administration to such an area if it would be more cost-effective to do so.

       NEW SECTION. Sec. 3. A new section is added to chapter 16.57 RCW to read as follows:

       There is established a Washington state livestock identification account in the agricultural local fund created under RCW 43.23.230 into which all moneys collected or received from registration, recording, inspection, or enforcement under this chapter and moneys collected or received by the board under chapters 16.58 and 16.65 RCW shall be deposited. These moneys shall be used solely for the Washington state livestock identification program. Only the board may authorize expenditures from this account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

       Sec. 4. RCW 16.57.020 and 1994 c 46 s 7 are each amended to read as follows:

       (1) The ((director)) board shall be the recorder of livestock brands and such brands shall not be recorded elsewhere in this state. Any person desiring to register a livestock brand shall apply on a form prescribed by the ((director)) board. Such application shall be accompanied by a facsimile of the brand applied for and a ((thirty-five)) seventy-dollar recording fee. The ((director)) board shall, upon ((his or her)) their satisfaction that the application and brand facsimile meet the requirements of this chapter and/or rules adopted hereunder, record such brand.

       (2) As provided in RCW 16.57.015, the director of agriculture may be designated by the board as the recorder of livestock brands. If the director is so designated, the recording fee shall be deposited by the director in the Washington state livestock identification account and shall be used solely for livestock identification program purposes as provided in this chapter and only as authorized by the board.

       (3) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 98 of this act become law.

       NEW SECTION. Sec. 5. A new section is added to chapter 16.57 RCW to read as follows:

       (1) The board may adopt rules establishing criteria and fees for the permanent renewal of brands registered with the department or with the board but renewed as livestock heritage brands. Such heritage brands are not intended for use on livestock.

       (2) If the Washington state livestock identification board with authority and responsibility for administering the livestock identification program is not established by July 31, 1998, the department of agriculture is granted the authorities provided to the board by subsection (1) of this section.

       NEW SECTION. Sec. 6. A new section is added to chapter 16.57 RCW to read as follows:

       (1) The board may enter into agreements with Washington state licensed and accredited veterinarians, who have been certified by the board, to perform livestock inspection. Fees for livestock inspection performed by a certified veterinarian shall be collected by the veterinarian and remitted to the board. Veterinarians providing livestock inspection may charge a fee for livestock inspection that is in addition to and separate from fees collected under RCW 16.57.220. The board may adopt rules necessary to implement livestock inspection performed by veterinarians and may adopt fees to cover the cost associated with certification of veterinarians.

       (2) If the Washington state livestock identification board with authority and responsibility for administering the livestock identification program is not established by July 31, 1998, the department of agriculture is granted all of the authorities provided to the board by subsection (1) of this section.

       Sec. 7. RCW 16.57.030 and 1959 c 54 s 3 are each amended to read as follows:

       The ((director)) board shall not record tattoo brands or marks for any purpose subsequent to the enactment of this chapter. However, all tattoo brands and marks of record on the date of the enactment of this chapter shall be recognized as legal ownership brands or marks.

       Sec. 8. RCW 16.57.040 and 1974 ex.s. c 64 s 1 are each amended to read as follows:

       The ((director)) board may provide for the use of production record brands. Numbers for such brands shall be issued at the discretion of the ((director)) board and shall be placed on livestock immediately below the registered ownership brand or any other location prescribed by the ((director)) board.

       Sec. 9. RCW 16.57.070 and 1959 c 54 s 7 are each amended to read as follows:

       The ((director)) board shall determine conflicting claims between applicants to a brand, and in so doing shall consider the priority of applicants.

       Sec. 10. RCW 16.57.080 and 1994 c 46 s 16 are each amended to read as follows:

       ((The director shall establish by rule a schedule for the renewal of registered brands.)) (1) Except as provided in section 5 of this act, the fee for the renewal of ((the)) a brand((s)) registration shall be ((no less than twenty-five)) seventy dollars for each two-year period of brand ownership((, except that)). However, the ((director)) board may((, in adopting a renewal schedule,)) provide for the collection of renewal fees on a prorated basis ((and may by rule increase the registration and renewal fee for brands by no more than fifty percent subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)). At least sixty days before the expiration of a registered brand, the ((director)) board shall notify by letter the owner of record of the brand that on the payment of the requisite application fee and application of renewal the ((director)) board shall issue the proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent registration period. The failure of the registered owner to pay the renewal fee by the date required by rule shall cause such owner's brand to revert to the ((department)) board. The ((director)) board may for a period of one year following such reversion, reissue such brand only to the prior registered owner upon payment of the registration fee and a late filing fee ((to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015,)) of twenty dollars for renewal subsequent to the regular renewal period. The ((director)) board may at the ((director's)) board's discretion, if such brand is not reissued within one year to the prior registered owner, issue such brand to any other applicant.

       (2) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 98 of this act become law.

       Sec. 11. RCW 16.57.090 and 1994 c 46 s 17 are each amended to read as follows:

       A brand is the personal property of the owner of record. Any instrument affecting the title of such brand shall be acknowledged in the presence of the recorded owner and a notary public. The ((director)) board shall record such instrument upon presentation and payment of a recording fee not to exceed fifteen dollars to be prescribed by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015. Such recording shall be constructive notice to all the world of the existence and conditions affecting the title to such brand. A copy of all records concerning the brand, certified by the ((director)) board, shall be received in evidence to all intent and purposes as the original instrument. The ((director)) board shall not be personally liable for failure of the ((director's)) board's agents to properly record such instrument.

       Sec. 12. RCW 16.57.100 and 1971 ex.s. c 135 s 3 are each amended to read as follows:

       The right to use a brand shall be evidenced by the original certificate issued by the ((director)) board showing that the brand is of present record or a certified copy of the record of such brand showing that it is of present record. A healed brand of record on livestock shall be prima facie evidence that the recorded owner of such brand has legal title to such livestock and is entitled to its possession: PROVIDED, That the ((director)) board may require additional proof of ownership of any animal showing more than one healed brand.

       Sec. 13. RCW 16.57.105 and 1967 c 240 s 38 are each amended to read as follows:

       Any person having a brand recorded with the ((department)) board shall have a preemptory right to use such brand and its design under any newly approved method of branding adopted by the ((director)) board.

       Sec. 14. RCW 16.57.110 and 1959 c 54 s 11 are each amended to read as follows:

       No brand shall be placed on livestock that is not permanent in nature and of a size that is not readily visible. The ((director)) board, in order to assure that brands are readily visible, may prescribe the size of branding irons to be used for ownership brands.

       Sec. 15. RCW 16.57.120 and 1991 c 110 s 2 are each amended to read as follows:

       No person shall remove or alter a brand of record on livestock without first having secured the written permission of the ((director)) board. Violation of this section shall be a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

       Sec. 16. RCW 16.57.130 and 1959 c 54 s 13 are each amended to read as follows:

       The ((director)) board shall not record a brand that is identical to a brand of present record; nor a brand so similar to a brand of present record that it will be difficult to distinguish between such brands when applied to livestock.

       Sec. 17. RCW 16.57.140 and 1994 c 46 s 18 are each amended to read as follows:

       The owner of a brand of record may procure from the ((director)) board a certified copy of the record of the owner's brand upon payment of a fee not to exceed seven dollars and fifty cents to be prescribed by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.

       Sec. 18. RCW 16.57.150 and 1974 ex.s. c 64 s 5 are each amended to read as follows:

       The ((director)) board shall publish a book to be known as the "Washington State Brand Book", showing all the brands of record. Such book shall contain the name and address of the owners of brands of record and a copy of the brand laws and regulations. Supplements to such brand book showing newly recorded brands, amendments or newly adopted regulations, shall be published biennially, or prior thereto at the discretion of the ((director)) board: PROVIDED, That whenever ((he deems it)) necessary, the ((director)) board may issue a new brand book.

       Sec. 19. RCW 16.57.160 and 1991 c 110 s 3 are each amended to read as follows:

       (1) Except as provided in subsection (3) of this section, the ((director)) board may ((by)) adopt rules ((adopted subsequent to a public hearing designate)): Designating any point for mandatory ((brand)) livestock inspection of cattle or horses or the furnishing of proof that cattle passing or being transported through such points have been ((brand)) livestock inspected and are lawfully being moved; providing for self-inspection of cattle and horses; and providing for issuance of individual horse and cattle identification certificates or other means of horse and cattle identification.

       ((Further,)) (2) The ((director)) board or any peace officer may stop vehicles carrying cattle or horses to determine if ((such)) the cattle or horses are identified, branded, or accompanied by ((the form prescribed by the director under RCW 16.57.240 or a brand certificate issued by the department)) a certificate of permit, inspection certificate, self-inspection certificate, or other satisfactory proof of ownership, as determined by the board.

       (3) Inspection shall not be required for:

       (a) Any individual private sale of any unbranded dairy breed milk production cattle involving fifteen head or less; or

       (b) A sale by the owner of a dairy farm licensed under chapter 15.36 RCW of a male calf or male calves from the farm that are not more than thirty days old, as long as the license number for the dairy is listed on the bill of sale or its equivalent.

       Sec. 20. RCW 16.57.165 and 1971 ex.s. c 135 s 6 are each amended to read as follows:

       The ((director)) board may, in order to reduce the cost of ((brand)) livestock inspection to livestock owners, enter into agreements with any qualified county, municipal, or other local law enforcement agency, or qualified individuals for the purpose of performing ((brand)) livestock inspection in areas where ((department brand)) livestock inspection by the department may not readily be available.

       Sec. 21. RCW 16.57.170 and 1959 c 54 s 17 are each amended to read as follows:

       The ((director)) board may enter at any reasonable time any slaughterhouse or public livestock market to make an examination of the brands on livestock or hides, and may enter at any reasonable time an establishment where hides are held to examine them for brands. The ((director)) board may enter any of these premises at any reasonable time to examine all books and records required by law in matters relating to ((brand)) livestock inspection or other methods of livestock identification.

       Sec. 22. RCW 16.57.180 and 1959 c 54 s 18 are each amended to read as follows:

       Should the ((director)) board be denied access to any premises or establishment where such access was sought for the purposes set forth in RCW 16.57.170, ((he)) the board may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises or establishment for said purposes. The court may upon such application, issue the search warrant for the purposes requested.

       Sec. 23. RCW 16.57.200 and 1959 c 54 s 20 are each amended to read as follows:

       Any owner or ((his)) an agent shall make the brand or brands on livestock being ((brand)) livestock inspected readily visible and shall cooperate with the ((director)) board to carry out such ((brand)) livestock inspection in a safe and expeditious manner.

       Sec. 24. RCW 16.57.210 and 1959 c 54 s 21 are each amended to read as follows:

       The ((director)) board shall have authority to arrest any person without warrant anywhere in the state found in the act of, or whom ((he)) the board has reason to believe is guilty of, driving, holding, selling or slaughtering stolen livestock. Any such person arrested by the ((director)) board shall be turned over to the sheriff of the county where the arrest was made, as quickly as possible.

       Sec. 25. RCW 16.57.220 and 1997 c 356 s 2 are each amended to read as follows:

       The ((director)) livestock identification board shall cause a charge to be made for all ((brand)) livestock inspection of cattle and horses required under this chapter and rules adopted hereunder. Such charges shall be paid to the ((department)) board by the owner or person in possession unless requested by the purchaser and then such ((brand)) livestock inspection shall be paid by the purchaser requesting such ((brand)) livestock inspection. Except as provided by rule, such inspection charges shall be due and payable at the time ((brand)) livestock inspection is performed and shall be paid upon billing by the ((department)) board and if not shall constitute a prior lien on the cattle or cattle hides or horses or horse hides ((brand)) livestock inspected until such charge is paid. The ((director)) board in order to best utilize the services of the ((department)) livestock inspector in performing ((brand)) livestock inspection may establish schedules by days and hours when a ((brand)) livestock inspector will be on duty to perform ((brand)) livestock inspection at established inspection points. The fees for ((brand)) livestock inspection performed at inspection points according to schedules established by the ((director)) board shall be seventy-five cents per head for cattle and ((not more than)) three dollars per head for horses ((as prescribed by the director subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)). Fees for ((brand)) livestock inspection of cattle and horses at points other than those designated by the ((director)) board or not in accord with the schedules established by the ((director)) board shall be based on a fee schedule not to exceed actual net cost to the ((department)) board of performing the ((brand)) livestock inspection service. For the purpose of this section, actual costs shall mean fifteen dollars per hour and the current mileage rate set by the office of financial management.

       Sec. 26. RCW 16.57.230 and 1995 c 374 s 50 are each amended to read as follows:

       No person shall collect or make a charge for ((brand)) livestock inspection of livestock unless there has been an actual ((brand)) livestock inspection of such livestock.

       Sec. 27. RCW 16.57.240 and 1995 c 374 s 51 are each amended to read as follows:

       ((Any person purchasing, selling, holding for sale, trading, bartering, transferring title, slaughtering, handling, or transporting cattle shall keep a record on forms prescribed by the director. Such forms)) (1) Certificates of permit, inspection certificates, and self-inspection certificates shall show the owner, number, ((specie)) breed, sex, brand or other method of identification of ((such)) the cattle or horses and any other necessary information required by the ((director)) board. ((The original shall be kept for a period of three years or shall be furnished to the director upon demand or as prescribed by rule, one copy shall accompany the cattle to their destination and shall be subject to inspection at any time by the director or any peace officer or member of the state patrol: PROVIDED, That in the following instances only, cattle may be moved or transported within this state without being accompanied by an official certificate of permit, brand inspection certificate, bill of sale, or self-inspection slip:

       (1) When such cattle are moved or transported upon lands under the exclusive control of the person moving or transporting such cattle;

       (2) When such cattle are being moved or transported for temporary grazing or feeding purposes and have the registered brand of the person having or transporting such cattle.))

       (2) The board may cause certificate of permit forms to be issued to any person on payment of a fee established by rule.

       (3) Inspection certificates, self-inspection certificates, or other proof of ownership deemed satisfactory by the board shall be kept by the owner and/or person in possession of any cattle or horses and shall be furnished to the board or any peace officer upon demand.

       (4) Cattle may not be moved or transported within this state without being accompanied by a certificate of permit, inspection certificate, or self-inspection certificate except:

       (a) When the cattle are moved or transported upon lands under the exclusive control of the person moving or transporting the cattle; or

       (b) When the cattle are being moved or transported for temporary grazing or feeding purposes and have the recorded brand of the person having or transporting the cattle.

       (5) Certificates of permit, inspection certificates, or self-inspection certificates accompanying cattle being moved or transported within this state shall be subject to inspection at any time by the board or any peace officer.

       Sec. 28. RCW 16.57.260 and 1981 c 296 s 19 are each amended to read as follows:

       It shall be unlawful for any person to remove or cause to be removed or accept for removal from this state, any cattle or horses which are not accompanied at all times by an official ((brand)) livestock inspection certificate issued by the ((director)) board on such cattle or horses, except as provided in RCW 16.57.160.

       Sec. 29. RCW 16.57.270 and 1959 c 54 s 27 are each amended to read as follows:

       It shall be unlawful for any person moving or transporting livestock in this state to refuse to assist the ((director)) board or any peace officer in establishing the identity of such livestock being moved or transported.

       Sec. 30. RCW 16.57.275 and 1967 c 240 s 37 are each amended to read as follows:

       Any cattle carcass, or primal part thereof, of any breed or age being transported in this state from other than a state or federal licensed and inspected slaughterhouse or common carrier hauling for such slaughterhouse, shall be accompanied by a certificate of permit signed by the owner of such carcass or primal part thereof and, if such carcass or primal part is delivered to a facility custom handling such carcasses or primal part thereof, such certificate of permit shall be deposited with the owner or manager of such custom handling facility and such certificate of permit shall be retained for a period of one year and be made available to the ((department)) livestock identification board for inspection during reasonable business hours. ((The owner of such carcass or primal part thereof shall mail a copy of the said certificate of permit to the department within ten days of said transportation.))

       Sec. 31. RCW 16.57.280 and 1995 c 374 s 52 are each amended to read as follows:

       No person shall knowingly have unlawful possession of any livestock marked with a recorded brand or tattoo of another person unless:

       (1) Such livestock lawfully bears the person's own healed recorded brand; or

       (2) Such livestock is accompanied by a certificate of permit from the owner of the recorded brand or tattoo; or

       (3) Such livestock is accompanied by a ((brand)) livestock inspection certificate; or

       (4) Such cattle is accompanied by a self-inspection slip; or

       (5) Such livestock is accompanied by a bill of sale from the previous owner or other satisfactory proof of ownership.

       A violation of this section constitutes a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

       Sec. 32. RCW 16.57.290 and 1995 c 374 s 53 are each amended to read as follows:

       All unbranded cattle and horses and those bearing brands not recorded, in the current edition of this state's brand book, which are not accompanied by a certificate of permit, and those bearing brands recorded, in the current edition of this state's brand book, which are not accompanied by a certificate of permit signed by the owner of the brand when presented for inspection by the ((director)) board, shall be sold by the ((director)) board or the ((director's)) board's representative, unless other satisfactory proof of ownership is presented showing the person presenting them to be lawfully in possession. Upon the sale of such cattle or horses, the ((director)) board or the ((director's)) board's representative shall give the purchasers a bill of sale therefor, or, if theft is suspected, the cattle or horses may be impounded by the ((director)) board or the ((director's)) board's representative.

       Sec. 33. RCW 16.57.300 and 1989 c 286 s 24 are each amended to read as follows:

       The proceeds from the sale of cattle and horses as provided for under RCW 16.57.290, after paying the cost thereof, shall be paid to the ((director)) board, who shall make a record showing the brand or marks or other method of identification of the animals and the amount realized from the sale thereof. However, the proceeds from a sale of such cattle or horses at a licensed public livestock market shall be held by the licensee for a reasonable period not to exceed thirty days to permit the consignor to establish ownership or the right to sell such cattle or horses. If such consignor fails to establish legal ownership or the right to sell such cattle or horses, such proceeds shall be paid to the ((director)) board to be disposed of as any other estray proceeds.

       Sec. 34. RCW 16.57.310 and 1959 c 54 s 31 are each amended to read as follows:

       When a person has been notified by registered mail that animals bearing his or her recorded brand have been sold by the ((director)) board, he or she shall present to the ((director)) board a claim on the proceeds within ten days from the receipt of the notice or the ((director)) board may decide that no claim exists.

       Sec. 35. RCW 16.57.320 and 1991 c 110 s 6 are each amended to read as follows:

       If, after the expiration of one year from the date of sale, the person presenting the animals for inspection has not provided the ((director)) board with satisfactory proof of ownership, the proceeds from the sale shall be paid on the claim of the owner of the recorded brand. However, it shall be a gross misdemeanor for the owner of the recorded brand to knowingly accept such funds after he or she has sold, bartered or traded such animals to the claimant or any other person. A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

       Sec. 36. RCW 16.57.330 and 1959 c 54 s 33 are each amended to read as follows:

       If, after the expiration of one year from the date of sale, no claim is made, the money shall be credited to the ((department of agriculture)) board to be expended in carrying out the provisions of this chapter.

       Sec. 37. RCW 16.57.340 and 1959 c 54 s 34 are each amended to read as follows:

       The ((director)) board shall have the authority to enter into reciprocal agreements with any or all states to prevent the theft, misappropriation or loss of identification of livestock. The ((director)) board may declare any livestock which is shipped or moved into this state from such states estrays if such livestock is not accompanied by the proper official brand certificate or other such certificates required by the law of the state of origin of such livestock. The ((director)) board may hold such livestock subject to all costs of holding or sell such livestock and send the funds, after the deduction of the cost of such sale, to the proper authority in the state of origin of such livestock.

       Sec. 38. RCW 16.57.350 and 1994 c 46 s 8 are each amended to read as follows:

       The ((director)) board may adopt such rules as are necessary to carry out the purposes of this chapter. It shall be the duty of the ((director)) board to enforce and carry out the provisions of this chapter and/or rules adopted hereunder. No person shall interfere with the ((director)) board when ((he or she)) the board is performing or carrying out duties imposed on ((him or her)) it by this chapter and/or rules adopted hereunder.

       Sec. 39. RCW 16.57.360 and 1991 c 110 s 7 are each amended to read as follows:

       The ((department)) board is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.

       The violation of any provision of this chapter and/or rules and regulations adopted hereunder shall constitute a class I civil infraction as provided under chapter 7.80 RCW unless otherwise specified herein.

       Sec. 40. RCW 16.57.370 and 1959 c 54 s 37 are each amended to read as follows:

       All fees collected under the provisions of this chapter shall be retained and deposited by the ((director)) board to be used only for the enforcement of this chapter.

       Sec. 41. RCW 16.57.400 and 1994 c 46 s 20 are each amended to read as follows:

       The ((director)) board may provide by rules ((and regulations)) adopted pursuant to chapter 34.05 RCW for the issuance of individual horse and cattle identification certificates or other means of horse and cattle identification deemed appropriate. Such certificates or other means of identification shall be valid only for the use of the horse and cattle owner in whose name it is issued.

       Horses and cattle identified pursuant to the provisions of this section and the rules ((and regulations)) adopted hereunder shall not be subject to ((brand)) livestock inspection except when sold at points provided for in RCW ((16.57.380)) 16.57.160. The ((director)) board shall charge a fee for the certificates or other means of identification authorized pursuant to this section and no identification shall be issued until the ((director)) board has received the fee. The schedule of fees shall be established in accordance with the provisions of chapter 34.05 RCW.

       Sec. 42. RCW 16.57.407 and 1996 c 105 s 3 are each amended to read as follows:

       The ((department)) livestock identification board has the authority to conduct an investigation of an incident where scars or other marks indicate that a microchip has been removed from a horse.

       Sec. 43. RCW 16.57.410 and 1993 c 354 s 11 are each amended to read as follows:

       (1) No person may act as a registering agency without a permit issued by the ((department)) board. The ((director)) board may issue a permit to any person or organization to act as a registering agency for the purpose of issuing permanent identification symbols for horses in a manner prescribed by the ((director)) board. Application for such permit, or the renewal thereof by January 1 of each year, shall be on a form prescribed by the ((director)) board, and accompanied by the proof of registration to be issued, any other documents required by the ((director)) board, and a fee of one hundred dollars.

       (2) Each registering agency shall maintain a permanent record for each individual identification symbol. The record shall include, but need not be limited to, the name, address, and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be forwarded to the ((director)) board, if requested by the ((director)) board.

       (3) Individual identification symbols shall be inspected as required for brands under RCW 16.57.220 ((and 16.57.380)). Any horse presented for inspection and bearing such a symbol, but not accompanied by proof of registration and certificate of permit, shall be sold as provided under RCW 16.57.290 through 16.57.330.

       (4) The ((director)) board shall adopt such rules as are necessary for the effective administration of this section pursuant to chapter 34.05 RCW.

       Sec. 44. RCW 16.57.420 and 1993 c 105 s 3 are each amended to read as follows:

       The ((department)) livestock identification board may, in consultation with representatives of the ratite industry, develop by rule a system that provides for the identification of individual ratites through the use of microchipping. The ((department)) board may establish fees for the issuance or reissuance of microchipping numbers sufficient to cover the expenses of the ((department)) board.

       Sec. 45. RCW 16.58.020 and 1971 ex.s. c 181 s 2 are each amended to read as follows:

       For the purpose of this chapter:

       (1) "Livestock identification board" or "board" means the livestock identification board defined under RCW 16.57.010.

       (2) "Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, cattle feed lot, or the like, which complies with all of the requirements of this chapter, and any ((regulations)) rules adopted pursuant to the provisions of this chapter and which holds a valid license from the ((director)) board as hereinafter provided.

       (((2) "Department" means the department of agriculture of the state of Washington.

       (3) "Director" means the director of the department or his duly authorized representative.

       (4))) (3) "Licensee" means any persons licensed under the provisions of this chapter.

       (((5))) (4) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

       Sec. 46. RCW 16.58.030 and 1971 ex.s. c 181 s 3 are each amended to read as follows:

       The ((director)) board may adopt such rules ((and regulations)) as are necessary to carry out the purpose of this chapter. The adoption of such rules shall be subject to the provisions of this chapter and rules ((and regulations)) adopted hereunder. No person shall interfere with the ((director when he)) board when it is performing or carrying out any duties imposed ((upon him)) by this chapter or rules ((and regulations)) adopted hereunder.

       Sec. 47. RCW 16.58.040 and 1971 ex.s. c 181 s 4 are each amended to read as follows:

       On or after August 9, 1971, any person desiring to engage in the business of operating one or more certified feed lots shall obtain an annual license from the ((director)) board for such purpose. The application for a license shall be on a form prescribed by the ((director)) board and shall include the following:

       (1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;

       (2) The legal description of the land on which the certified feed lot will be situated;

       (3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;

       (4) The estimated number of cattle which can be handled for feeding purposes at each such certified feed lot; and

       (5) Any other information necessary to carry out the purpose and provisions of this chapter and rules ((or regulations)) adopted hereunder.

       Sec. 48. RCW 16.58.050 and 1997 c 356 s 4 are each amended to read as follows:

       The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of seven hundred fifty dollars. Upon approval of the application by the ((director)) livestock identification board and compliance with the provisions of this chapter and rules adopted hereunder, the applicant shall be issued a license or a renewal thereof. The board shall conduct an inspection of all cattle and their corresponding ownership documents prior to issuing an original license. The inspection fee shall be the higher of the current inspection fee per head of cattle or time and mileage as set forth in RCW 16.57.220.

       Sec. 49. RCW 16.58.060 and 1991 c 109 s 10 are each amended to read as follows:

       The ((director)) board shall establish by rule an expiration date or dates for all certified feed lot licenses. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses. If an application for renewal of a certified feed lot license is not received by the ((department)) board per the date required by rule or should a person fail, refuse, or neglect to apply for renewal of a preexisting license on or before the date of expiration, that person shall be assessed an additional twenty-five dollars which shall be added to the regular license fee and shall be paid before the ((director)) board may issue a license to the applicant.

       Sec. 50. RCW 16.58.070 and 1989 c 175 s 54 are each amended to read as follows:

       The ((director)) livestock identification board is authorized to deny, suspend, or revoke a license in accord with the provisions of chapter 34.05 RCW if ((he)) it finds that there has been a failure to comply with any requirement of this chapter or rules ((and regulations)) adopted hereunder. Hearings for the revocation, suspension, or denial of a license shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.

       Sec. 51. RCW 16.58.080 and 1971 ex.s. c 181 s 8 are each amended to read as follows:

       Every certified feed lot shall be equipped with a facility or a livestock pen, approved by the ((director)) livestock identification board as to location and construction within the ((said)) feed lot so that necessary ((brand)) livestock inspection can be carried on in a proper, expeditious and safe manner. Each licensee shall furnish the ((director)) board with sufficient help necessary to carry out ((brand)) livestock inspection in the manner set forth above.

       Sec. 52. RCW 16.58.095 and 1991 c 109 s 11 are each amended to read as follows:

       All cattle entering or reentering a certified feed lot must be inspected for brands upon entry, unless they are accompanied by a ((brand)) livestock inspection certificate issued by the ((director)) livestock identification board, or any other agency authorized in any state or Canadian province by law to issue such a certificate. Licensees shall report a discrepancy between cattle entering or reentering a certified feed lot and the ((brand)) livestock inspection certificate accompanying the cattle to the nearest ((brand)) livestock inspector immediately. A discrepancy may require an inspection of all the cattle entering or reentering the lot, except as may otherwise be provided by rule.

       Sec. 53. RCW 16.58.100 and 1979 c 81 s 3 are each amended to read as follows:

       The ((director)) livestock identification board shall each year conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. Such audits shall be for the purpose of determining if such cattle correlate with the ((brand)) livestock inspection certificates issued in their behalf and that the certificate of assurance furnished the ((director)) board by the licensee correlates with his or her assurance that ((brand)) livestock inspected cattle were not commingled with uninspected cattle.

       Sec. 54. RCW 16.58.110 and 1991 c 109 s 12 are each amended to read as follows:

       All certified feed lots shall furnish the ((director)) livestock identification board with records as requested by ((him)) it from time to time on all cattle entering or on feed in ((said)) certified feed lots and dispersed therefrom. All such records shall be subject to examination by the ((director)) board for the purpose of maintaining the integrity of the identity of all such cattle. The ((director)) board may make the examinations only during regular business hours except in an emergency to protect the interest of the owners of such cattle.

       Sec. 55. RCW 16.58.120 and 1991 c 109 s 13 are each amended to read as follows:

       The licensee shall maintain sufficient records as required by the ((director)) livestock identification board at each certified feed lot, if ((said)) the licensee operates more than one certified feed lot.

       Sec. 56. RCW 16.58.130 and 1997 c 356 s 7 are each amended to read as follows:

       (1) Each licensee shall pay to the ((director)) livestock identification board a fee of ((twelve)) fifteen cents for each head of cattle handled through the licensee's feed lot. Payment of such fee shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. Further, the ((director)) board shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.

       (2) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 98 of this act become law.

       Sec. 57. RCW 16.58.140 and 1979 c 81 s 5 are each amended to read as follows:

       All fees provided for in this chapter shall be retained by the ((director)) board for the purpose of enforcing and carrying out the purpose and provisions of this chapter or chapter 16.57 RCW.

       Sec. 58. RCW 16.58.150 and 1971 ex.s. c 181 s 15 are each amended to read as follows:

       No ((brand)) livestock inspection shall be required when cattle are moved or transferred from one certified feed lot to another or the transfer of cattle from a certified feed lot to a point within this state, or out of state where this state maintains ((brand)) livestock inspection, for the purpose of immediate slaughter.

       Sec. 59. RCW 16.58.160 and 1991 c 109 s 15 are each amended to read as follows:

       The ((director)) board may, when a certified feed lot's conditions become such that the integrity of reports or records of the cattle therein becomes doubtful, suspend such certified feed lot's license until such time as the ((director)) board can conduct an investigation to carry out the purpose of this chapter.

       Sec. 60. RCW 16.65.010 and 1983 c 298 s 1 are each amended to read as follows:

       For the purposes of this chapter:

       (1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale or shipment. The term does not include the operation of a person licensed under this chapter to operate a special open consignment horse sale.

       (2) (("Department" means the department of agriculture of the state of Washington.

       (3) "Director" means the director of the department or his duly authorized representative.

       (4))) "Licensee" means any person licensed under the provisions of this chapter.

       (((5))) (3) "Livestock" includes horses, mules, burros, cattle, sheep, swine, and goats.

       (((6))) (4) "Livestock identification board" or "board" means the board created in RCW 16.57.015.

       (5) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

       (((7))) (6) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or other enclosures and their appurtenances in which livestock services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That stockyard shall not include any facilities where livestock is offered for sale at public auction, feed lots, or quarantined registered feed lots.

       (((8))) (7) "Packer" means any person engaged in the business of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock products.

       (((9))) (8) "Deputy state veterinarian" means a graduate veterinarian authorized to practice in the state of Washington and appointed or deputized by the director of agriculture as his or her duly authorized representative.

       (((10))) (9) "Special open consignment horse sale" means a sale conducted by a person other than the operator of a public livestock market which is limited to the consignment of horses and donkeys only for sale on an occasional and seasonal basis.

       Sec. 61. RCW 16.65.015 and 1983 c 298 s 2 are each amended to read as follows:

       This chapter does not apply to:

       (1) A farmer selling his or her own livestock on the farmer's own premises by auction or any other method.

       (2) A farmers' cooperative association or an association of livestock breeders when any class of their own livestock is assembled and offered for sale at a special sale on an occasional and seasonal basis under the association's management and responsibility, and the special sale has been approved by the ((director)) board in writing. However, the special sale shall be subject to brand and health inspection requirements as provided in this chapter for sales at public livestock markets.

       Sec. 62. RCW 16.65.020 and 1983 c 298 s 5 are each amended to read as follows:

       Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the ((director)) livestock identification board, and the ((director)) board, but not ((his)) its duly authorized representative, may adopt such rules ((and regulations)) as are necessary to carry out the purpose of this chapter. It shall be the duty of the ((director)) board to enforce and carry out the provisions of this chapter and rules ((and regulations)) adopted hereunder. No person shall interfere with the ((director)) board when ((he)) it is performing or carrying out any duties imposed upon ((him)) it by this chapter or rules ((and regulations)) adopted hereunder.

       Sec. 63. RCW 16.65.030 and 1995 c 374 s 54 are each amended to read as follows:

       (1) ((On and after June 10, 1959,)) No person shall operate a public livestock market without first having obtained a license from the ((director)) livestock identification board. Application for ((such)) a license shall be in writing on forms prescribed by the ((director)) board, and shall include the following:

       (a) A nonrefundable original license application fee of fifteen hundred dollars.

       (b) A legal description of the property upon which the public livestock market shall be located.

       (c) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.

       (d) ((A detailed statement showing all the assets and liabilities of the applicant which must reflect a sufficient net worth to construct or operate a public livestock market.)) A financial statement, compiled or audited by a certified or licensed public accountant, to determine whether or not the applicant meets the minimum net worth requirements, established by the director by rule, to construct and/or operate a public livestock market. If the applicant is a subsidiary of a larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company must submit a financial statement to determine whether or not the applicant meets the minimum net worth requirements. All financial statement information required by this subsection is confidential information and not subject to public disclosure.

       (e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.

       (f) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these days.

       (g) Projected source and quantity of livestock((, by county,)) anticipated to be handled.

       (h) Projected ((income and expense statements for)) gross dollar volume of business to be carried on, at, or through the public livestock market during the first year's operation.

       (i) Facts upon which ((are)) is based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.

       (j) ((Such)) Other information as the ((director)) board may ((reasonably)) require by rule.

       (2) ((The director shall, after public hearing as provided by chapter 34.05 RCW, grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at the same hearing to:

       (a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application; and

       (b) The present market services elsewhere available to the trade area proposed to be served.

       (3) Applications for renewal under RCW 16.65.040 shall include all information under subsection (1) of this section, except subsection (1)(a) of this section.)) If the board determines that the applicant meets all the requirements of subsection (1) of this section, the board shall conduct a public hearing as provided by chapter 34.05 RCW, and shall grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to the requirements of this section and giving reasonable consideration to:

       (a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application;

       (b) The geographical area that will be affected;

       (c) The conflict, if any, with sales days already allocated in the area;

       (d) The amount and class of livestock available for marketing in the area;

       (e) Buyers available to the proposed market; and

       (f) Any other conditions affecting the orderly marketing of livestock.

       (3) Before a license is issued to operate a public livestock market, the applicant must:

       (a) Execute and deliver to the board a surety bond as required under RCW 16.65.200;

       (b) Provide evidence of a custodial account, as required under RCW 16.65.140, for the consignor's proceeds;

       (c) Pay the appropriate license fee; and

       (d) Provide other information required under this chapter and rules adopted under this chapter.

       Sec. 64. RCW 16.65.037 and 1997 c 356 s 8 are each amended to read as follows:

       (1) Upon the approval of the application by the ((director)) livestock identification board and compliance with the provisions of this chapter, the applicant shall be issued a license or renewal thereof. Any license issued under the provisions of this chapter shall only be valid at location and for the sales day or days for which the license was issued.

       (2) The license fee shall be based on the average gross sales volume per official sales day of that market:

       (a) Markets with an average gross sales volume up to and including ten thousand dollars, a one hundred fifty dollar fee;

       (b) Markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars, a three hundred fifty dollar fee; and

       (c) Markets with an average gross sales volume over fifty thousand dollars, a four hundred fifty dollar fee.

       The fees for public market licenses shall be set by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.

       (3) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each such public livestock market, and each such application shall be accompanied by the appropriate application fee.

       Sec. 65. RCW 16.65.040 and 1983 c 298 s 6 are each amended to read as follows:

       All public livestock market licenses provided for in this chapter shall expire on March 1st subsequent to the date of issue. Any person who fails, refuses, or neglects to apply for a renewal of a preexisting license on or before the date of expiration, shall pay a penalty of twenty-five dollars, which shall be added to the regular license fee, before such license may be renewed by the ((director)) livestock identification board.

       Sec. 66. RCW 16.65.042 and 1983 c 298 s 3 are each amended to read as follows:

       (1) A person shall not operate a special open consignment horse sale without first obtaining a license from the ((director)) livestock identification board. The application for the license shall include:

       (a) A detailed statement showing all of the assets and liabilities of the applicant;

       (b) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered in the operation of the horse sale;

       (c) The specific date and exact location of the proposed sale;

       (d) Projected quantity and approximate value of horses to be handled; and

       (e) Such other information as the ((director)) board may reasonably require.

       (2) The application shall be accompanied by a license fee of one hundred dollars. Upon the approval of the application by the ((director)) board and compliance with this chapter, the applicant shall be issued a license. A special open consignment horse sale license is valid only for the specific date or dates and exact location for which the license was issued.

       Sec. 67. RCW 16.65.050 and 1959 c 107 s 5 are each amended to read as follows:

       All fees ((provided for)) collected or received by the board under this chapter shall be ((retained by the director)) deposited by the board in the livestock identification account created in section 3 of this act. Moneys collected under this chapter may be expended by the board without appropriation for the purpose of enforcing this chapter.

       Sec. 68. RCW 16.65.080 and 1985 c 415 s 9 are each amended to read as follows:

       (1) The ((director)) livestock identification board is authorized to deny, suspend, or revoke a license in the manner prescribed herein, when there are findings by the ((director)) board that any licensee (a) has been guilty of fraud or misrepresentation as to titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor by a check the licensee knows not to be backed by sufficient funds to cover such check; (c) has violated any of the provisions of this chapter or rules ((and regulations)) adopted hereunder; (d) has violated any laws of the state that require health or ((brand)) livestock inspection of livestock; (e) has violated any condition of the bond, as provided in this chapter. However, the ((director)) board may deny a license if the applicant refuses to accept the sales day or days allocated to ((him)) it under the provisions of this chapter.

       (2) In all proceedings for revocation, suspension, or denial of a license the licensee or applicant shall be given an opportunity to be heard in regard to such revocation, suspension or denial of a license. The ((director)) board shall give the licensee or applicant twenty days' notice in writing and such notice shall specify the charges or reasons for such revocation, suspension or denial. The notice shall also state the date, time and place where such hearing is to be held. Such hearings shall be held in the city where the licensee has his or her principal place of business, or where the applicant resides, unless some other place be agreed upon by the parties, and the defendant may be represented by counsel.

       (3) The ((director)) board may issue subpoenas to compel the attendance of witnesses, and/or the production of books or documents anywhere in the state. The applicant or licensee shall have opportunity to be heard, and may have such subpoenas issued as he or she desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the ((director)) board. Testimony shall be recorded, and may be taken by deposition under such rules as the ((director)) board may prescribe.

       (4) The ((director)) board shall hear and determine the charges, make findings and conclusions upon the evidence produced, and file them in ((his)) its office, together with a record of all of the evidence, and serve upon the accused a copy of such findings and conclusions.

       Sec. 69. RCW 16.65.090 and 1997 c 356 s 10 are each amended to read as follows:

       The ((director)) livestock identification board shall provide for ((brand)) livestock inspection. When such ((brand)) livestock inspection is required the licensee shall collect from the consignor and pay to the ((department)) board, as provided by law, a fee for ((brand)) livestock inspection for each animal consigned to the public livestock market or special open consignment horse sale. However, if in any one sale day the total fees collected for ((brand)) livestock inspection do not exceed ninety dollars, then such licensee shall pay ninety dollars for such ((brand)) livestock inspection or as much thereof as the ((director)) board may prescribe.

       Sec. 70. RCW 16.65.100 and 1983 c 298 s 9 are each amended to read as follows:

       The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting ((brand)) livestock inspection a fee as provided by law for each animal inspected. Such fee shall be in addition to the fee charged to the consignor for ((brand)) livestock inspection and shall not apply to the minimum fee chargeable to the licensee.

       Sec. 71. RCW 16.65.140 and 1971 ex.s. c 192 s 4 are each amended to read as follows:

       Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be deposited in that account. Such account shall be drawn on only for the payment of net proceeds to the consignor, or such other person or persons of whom such licensee has knowledge is entitled to such proceeds, and to obtain from such proceeds only the sums due the licensee as compensation for his or her services as are set out in his or her tariffs, and for such sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in his or her capacity as agent is required to pay for on behalf of the consignor or shipper. The licensee in each case shall keep such accounts and records that will at all times disclose the names of the consignors and the amount due and payable to each from the funds in the custodial account for consignor's proceeds. The licensee shall maintain the custodial account for consignor's proceeds in a manner that will expedite examination by the ((director)) livestock identification board and reflect compliance with the requirements of this section.

       Sec. 72. RCW 16.65.190 and 1983 c 298 s 12 are each amended to read as follows:

       No person shall hereafter operate a public livestock market or special open consignment horse sale unless such person has filed a schedule with the application for license to operate such public livestock market or special open consignment horse sale. Such schedule shall show all rates and charges for stockyard services to be furnished by such person at such public livestock market or special open consignment horse sale.

       (1) Schedules shall be posted conspicuously at the public livestock market or special open consignment horse sale, and shall plainly state all such rates and charges in such detail as the ((director)) livestock identification board may require, and shall state any rules ((and regulations)) which in any manner change, affect, or determine any part of the aggregate of such rates or charges, or the value of the stockyard services furnished. The ((director)) board may determine and prescribe the form and manner in which such schedule shall be prepared, arranged and posted.

       (2) No changes shall be made in rates or charges so filed and published except after thirty days' notice to the ((director)) board and to the public filed and posted as aforesaid, which shall plainly state the changes proposed to be made and the time such changes will go into effect.

       (3) No licensee shall charge, demand or collect a greater or a lesser or a different compensation for such service than the rates and charges specified in the schedule filed with the ((director)) board and in effect at the time; nor shall a licensee refund or remit in any manner any portion of the rates or charges so specified (but this shall not prohibit a cooperative association of producers from properly returning to its members, on a patronage basis, its excess earnings on their livestock); nor shall a licensee extend to any person at such public livestock market or special open consignment horse sale any stockyard services except such as are specified in such schedule.

       Sec. 73. RCW 16.65.200 and 1983 c 298 s 13 are each amended to read as follows:

       Before the license is issued to operate a public livestock market or special open consignment horse sale, the applicant shall execute and deliver to the ((director)) livestock identification board a surety bond in a sum as herein provided for, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. ((Said)) The bond shall be a standard form and approved by the ((director)) board as to terms and conditions. ((Said)) The bond shall be conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules ((and/or regulations)) adopted hereunder. ((Said)) The bond shall be to the state in favor of every consignor and/or vendor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale: PROVIDED, That if such applicant is bonded as a market agency under the provisions of the packers and stockyards act, (7 U.S.C. 181) as amended, on March 20, 1961, in a sum equal to or greater than the sum required under the provisions of this chapter, and such applicant furnishes the ((director)) board with a bond approved by the United States secretary of agriculture ((naming the department as trustee)), the ((director)) board may accept such bond and its method of termination in lieu of the bond provided for herein and issue a license if such applicant meets all the other requirements of this chapter.

       The total and aggregate liability of the surety for all claims upon the bond shall be limited to the face of such bond. Every bond filed with and approved by the ((director)) board shall, without the necessity of periodic renewal, remain in force and effect until such time as the license of the licensee is revoked for cause or otherwise canceled. The surety on a bond, as provided herein, shall be released and discharged from all liability to the state accruing on such bond upon compliance with the provisions of RCW 19.72.110 concerning notice and proof of service, as enacted or hereafter amended, but this shall not operate to relieve, release or discharge the surety from any liability already accrued or which shall accrue (due and to become due hereunder) before the expiration period provided for in RCW 19.72.110 concerning notice and proof of service as enacted or hereafter amended, and unless the principal shall before the expiration of such period, file a new bond, the ((director)) board shall forthwith cancel the principal's license.

       Sec. 74. RCW 16.65.220 and 1971 ex.s. c 192 s 7 are each amended to read as follows:

       If the application for a license to operate a public livestock market is from a new public livestock market which has not operated in the past twelve-month period, the ((director)) livestock identification board shall determine a bond, in a reasonable sum, that the applicant shall execute in favor of the state, which shall not be less than ten thousand dollars nor greater than twenty-five thousand dollars: PROVIDED, That the ((director)) board may at any time, upon written notice, review the licensee's operations and determine whether, because of increased or decreased sales, the amount of the bond should be altered.

       Sec. 75. RCW 16.65.235 and 1973 c 142 s 3 are each amended to read as follows:

       In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the ((director)) livestock identification board a deposit consisting of cash or other security acceptable to the ((director)) board. The ((director)) board may adopt rules ((and regulations)) necessary for the administration of such security.

       Sec. 76. RCW 16.65.250 and 1959 c 107 s 25 are each amended to read as follows:

       The ((director)) livestock identification board or any vendor or consignor creditor may also bring action upon ((said)) the bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter and the rules ((and/or regulations)) adopted hereunder.

       Sec. 77. RCW 16.65.260 and 1983 c 298 s 14 are each amended to read as follows:

       In case of failure by a licensee to pay amounts due a vendor or consignor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale, as evidenced by a verified complaint filed with the ((director)) livestock identification board, the ((director)) board may proceed forthwith to ascertain the names and addresses of all vendor or consignor creditors of such licensee, together with the amounts due and owing to them and each of them by such licensee, and shall request all such vendor and consignor creditors to file a verified statement of their respective claims with the ((director)) board. Such request shall be addressed to each known vendor or consignor creditor at his or her last known address.

       Sec. 78. RCW 16.65.270 and 1959 c 107 s 27 are each amended to read as follows:

       If a vendor or consignor creditor so addressed fails, refuses or neglects to file in the office of the ((director his)) livestock identification board a verified claim as requested by the ((director)) board within sixty days from the date of such request, the ((director)) board shall thereupon be relieved of further duty or action hereunder on behalf of ((said)) the producer or consignor creditor.

       Sec. 79. RCW 16.65.280 and 1959 c 107 s 28 are each amended to read as follows:

       Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the ((director)) livestock identification board to ascertain the names and addresses of all ((said)) the vendor and consignor creditors, the ((director)) board, after exerting due diligence and making reasonable inquiry to secure ((said)) the information from all reasonable and available sources, may make demand on ((said)) the bond on the basis of information then in ((his)) its possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.

       Sec. 80. RCW 16.65.290 and 1959 c 107 s 29 are each amended to read as follows:

       Upon ascertaining all claims and statements in the manner herein set forth, the ((director)) livestock identification board may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise ((said)) the claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved.

       Sec. 81. RCW 16.65.300 and 1959 c 107 s 30 are each amended to read as follows:

       Upon the refusal of the surety company to pay the demand, the ((director)) livestock identification board may thereupon bring an action on the bond in behalf of ((said)) the vendor and consignor creditors. Upon any action being commenced on ((said)) the bond, the ((director)) board may require the filing of a new bond. Immediately upon the recovery in any action on such bond such licensee shall file a new bond. Upon failure to file the same within ten days, in either case, such failure shall constitute grounds for the suspension or revocation of his or her license.

       Sec. 82. RCW 16.65.310 and 1959 c 107 s 31 are each amended to read as follows:

       In any settlement or compromise by the ((director)) livestock identification board with a surety company as provided in RCW 16.65.290, where there are two or more consignor and/or vendor creditors that have filed claims, either fixed or contingent, against a licensee's bond, such creditors shall share pro rata in the proceeds of the bond to the extent of their actual damage: PROVIDED, That the claims of the state and the ((department)) board which may accrue from the conduct of the licensee's public livestock market shall have priority over all other claims.

       Sec. 83. RCW 16.65.320 and 1985 c 415 s 10 are each amended to read as follows:

       For the purpose of enforcing the provisions of this chapter, the ((director)) livestock identification board on the ((director's)) board's own motion or upon the verified complaint of any vendor or consignor against any licensee, or agent, or any person assuming or attempting to act as such, shall have full authority to make any and all necessary investigations. The ((director)) board is empowered to administer oaths of verification of such complaints.

       Sec. 84. RCW 16.65.330 and 1959 c 107 s 33 are each amended to read as follows:

       For the purpose of making investigations as provided for in RCW 16.65.320, the ((director)) livestock identification board may enter a public livestock market and examine any records required under the provisions of this chapter. The ((director)) board shall have full authority to issue subpoenas requiring the attendance of witnesses before ((him)) it, together with all books, memorandums, papers, and other documents relative to the matters under investigation, and to administer oaths and take testimony thereunder.

       Sec. 85. RCW 16.65.340 and 1967 c 192 s 2 are each amended to read as follows:

       The ((director)) livestock identification board shall, when livestock is sold, traded, exchanged or handled at or through a public livestock market, require such testing, treating, identifying, examining and record keeping of such livestock by a ((deputy)) state licensed and accredited veterinarian employed by the market as in the ((director's)) board's judgment may be necessary to prevent the spread of brucellosis, tuberculosis, paratuberculosis, ((hog cholera)) pseudorabies, or any other infectious, contagious or communicable disease among the livestock of this state. The state veterinarian or his or her authorized representative may conduct additional testing and examinations for the same purpose.

       Sec. 86. RCW 16.65.350 and 1959 c 107 s 35 are each amended to read as follows:

       (((1))) The director of the department of agriculture shall ((perform all tests and make all examinations required under the provisions of this chapter and rules and regulations adopted hereunder: PROVIDED, That veterinary inspectors of the United States department of agriculture may be appointed by the director to make such examinations and tests as are provided for in this chapter without bond or compensation, and shall have the same authority and power in this state as a deputy state veterinarian.

       (2) The director shall have the responsibility for the direction and control of)) adopt rules regarding sanitary practices and health practices and standards and for the examination of animals at public livestock markets. ((The deputy state veterinarian at any such public livestock market shall notify the licensee or his managing agent, in writing, of insanitary practices or conditions. Such deputy state veterinarian shall notify the director if the improper sanitary practices or conditions are not corrected within the time specified. The director shall investigate and upon finding such report correct shall take appropriate action to hold a hearing on the suspension or revocation of the licensee's license.))

       Sec. 87. RCW 16.65.360 and 1959 c 107 s 36 are each amended to read as follows:

       Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows:

       (1) The floors of all pens and alleys that are part of a public livestock market shall be constructed of concrete or similar impervious material and kept in good repair, with a slope of not less than one-fourth inch per foot to adequate drains leading to an approved sewage system: PROVIDED, That the ((director)) livestock identification board may designate certain pens within such public livestock markets as feeding and holding pens and the floors and alleys of such pens shall not be subject to the aforementioned surfacing requirements.

       (2) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director of agriculture, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.

       (3) All yards, chutes and pens used in handling livestock shall be constructed of such materials which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director of agriculture.

       (4) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.

       (5) All swine pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.

       (6) A water system carrying a pressure of forty pounds and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.

       (7) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:

       (a) hard surfaced with concrete or similar impervious material and shall be kept in good repair;

       (b) provided with separate watering facilities;

       (c) painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate;

       (d) provided with a tight board fence not less than five and one-half feet high;

       (e) cleaned and disinfected not later than one day subsequent to the date of sale.

       To prevent the spread of communicable diseases among livestock, the director of agriculture shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.

       Sec. 88. RCW 16.65.420 and 1991 c 17 s 3 are each amended to read as follows:

       (1) Any application for sales days or days for a new salesyard, and any application for a change of sales day or days or additional sales day or days for an existing yard shall be subject to approval by the ((director)) livestock identification board, subsequent to a hearing as provided for in this chapter and the ((director)) board is hereby authorized to allocate these dates and type and class of livestock which may be sold on these dates. In considering the allocation of such sales days, the ((director)) board shall give appropriate consideration, among other relevant factors, to the following:

       (a) The geographical area which will be affected;

       (b) The conflict, if any, with sales days already allocated in the area;

       (c) The amount and class of livestock available for marketing in the area;

       (d) Buyers available to such market;

       (e) Any other conditions affecting the orderly marketing of livestock.

       (2) No special sales shall be conducted by the licensee unless the licensee has applied to the ((director)) board in writing fifteen days prior to such proposed sale and such sale date shall be approved at the discretion of the ((director)) board.

       (3) In any case that a licensee fails to conduct sales on the sales days allocated to the licensee, the ((director)) board shall, subsequent to a hearing, be authorized to revoke an allocation for nonuse. The rate of usage required to maintain an allocation shall be established by rule.

       Sec. 89. RCW 16.65.422 and 1963 c 232 s 17 are each amended to read as follows:

       A producer of purebred livestock may, upon obtaining a permit from the ((director)) livestock identification board, conduct a public sale of the purebred livestock on an occasional or seasonal basis on premises other than his or her own farm. Application for such special sale shall be in writing to the ((director)) board for ((his)) its approval at least fifteen days before the proposed public sale is scheduled to be held by such producer.

       Sec. 90. RCW 16.65.423 and 1983 c 298 s 16 are each amended to read as follows:

       The ((director)) livestock identification board shall have the authority to issue a public livestock market license pursuant to the provisions of this chapter limited to the sale of horses and/or mules and to allocate a sales day or days to such licensee. The ((director)) board is hereby authorized and directed to adopt ((regulations)) rules for facilities and sanitation applicable to such a license. The facility requirements of RCW 16.65.360 shall not be applicable to such licensee's operation as provided for in this section.

       Sec. 91. RCW 16.65.424 and 1963 c 232 s 19 are each amended to read as follows:

       The ((director)) livestock identification board shall have the authority to grant a licensee an additional sales day or days limited to the sale of horses and/or mules and may if requested grant the licensee, by permit, the authority to have the sale at premises other than at his or her public livestock market if the facilities are approved by the ((director)) board as being adequate for the protection of the health and safety of such horses and/or mules. For the purpose of such limited sale the facility requirements of RCW 16.65.360 shall not be applicable.

       Sec. 92. RCW 16.65.445 and 1989 c 175 s 55 are each amended to read as follows:

       The ((director)) livestock identification board shall hold public hearings upon a proposal to promulgate any new or amended ((regulations)) rules and all hearings for the denial, revocation, or suspension of a license issued under this chapter or in any other adjudicative proceeding, and shall comply in all respects with chapter 34.05 RCW, the Administrative Procedure Act.

       Sec. 93. RCW 16.65.450 and 1991 c 17 s 4 are each amended to read as follows:

       Any licensee or applicant who feels aggrieved by an order of the ((director)) livestock identification board may appeal to the superior court of the county in the state of Washington of the residence of the licensee or applicant where the trial on such appeal shall be held de novo.

       Sec. 94. RCW 16.04.025 and 1989 c 286 s 21 are each amended to read as follows:

       If the owner or the person having in charge or possession such animals is unknown to the person sustaining the damage, the person retaining such animals shall, within twenty-four hours, notify the county sheriff or the nearest state brand inspector as to the number, description, and location of the animals. The county sheriff or brand inspector shall examine the animals by brand, tattoo, or other identifying characteristics and attempt to ascertain ownership. If the animal is marked with a brand or tattoo which is registered with the ((director of agriculture)) livestock identification board, the brand inspector or county sheriff shall furnish this information and other pertinent information to the person holding the animals who in turn shall send the notice required in RCW 16.04.020 to the animals' owner of record by certified mail.

       If the county sheriff or the brand inspector determines that there is no apparent damage to the property of the person retaining the animals, or if the person sustaining the damage contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be removed in accordance with chapter 16.24 RCW. Such removal shall not prejudice the property owner's ability to recover damages through civil suit.

       Sec. 95. RCW 41.06.070 and 1996 c 319 s 3, 1996 c 288 s 33, and 1996 c 186 s 109 are each reenacted and amended to read as follows:

       (1) The provisions of this chapter do not apply to:

       (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;

       (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

       (c) Officers, academic personnel, and employees of technical colleges;

       (d) The officers of the Washington state patrol;

       (e) Elective officers of the state;

       (f) The chief executive officer of each agency;

       (g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

       (h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

       (i) All members of such boards, commissions, or committees;

       (ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;

       (iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;

       (iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;

       (i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

       (j) Assistant attorneys general;

       (k) Commissioned and enlisted personnel in the military service of the state;

       (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;

       (m) The public printer or to any employees of or positions in the state printing plant;

       (n) Officers and employees of the Washington state fruit commission;

       (o) Officers and employees of the Washington state apple advertising commission;

       (p) Officers and employees of the Washington state dairy products commission;

       (q) Officers and employees of the Washington tree fruit research commission;

       (r) Officers and employees of the Washington state beef commission;

       (s) Officers and employees of any commission formed under chapter 15.66 RCW;

       (t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;

       (u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

       (v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

       (w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

       (x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

       (y) All employees of the marine employees' commission;

       (z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997;

       (aa) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);

       (bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5);

       (cc) Officers and employees of the livestock identification board created under RCW 16.57.015.

       (2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

       (a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;

       (b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;

       (c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;

       (d) Printing craft employees in the department of printing at the University of Washington.

       (3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1)(w) and (x) and (2) of this section, together with the reasons for such exemptions.

       The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v), (y), (z), and (2) of this section, shall be determined by the Washington personnel resources board. However, beginning with changes proposed for the 1997-99 fiscal biennium, changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.

       Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

       Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

       A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

       NEW SECTION. Sec. 96. A new section is added to chapter 42.17 RCW to read as follows:

       Financial statements provided under RCW 16.65.030(1)(d) are exempt from disclosure under this chapter.

       Sec. 97. RCW 43.23.230 and 1988 c 254 s 1 are each amended to read as follows:

       The agricultural local fund is hereby established in the custody of the state treasurer. The fund shall consist of such money as is directed by law for deposit in the fund, and such other money not subject to appropriation that the department authorizes to be deposited in the fund. Any money deposited in the fund, the use of which has been restricted by law, may only be expended in accordance with those restrictions. Except as provided in section 3 of this act, the department may make disbursements from the fund. The fund is not subject to legislative appropriation.

       NEW SECTION. Sec. 98. (1) On the effective date of this section, all powers, duties, and functions of the department of agriculture under chapters 16.57, 16.58, and 16.65 RCW except those identified as remaining with the department in RCW 16.65.350 and 16.65.360 are transferred to the livestock identification board. The authority to adopt rules regarding those powers, duties, and functions is transferred to the livestock identification board and the administration of those powers, duties, and functions is transferred to the board.

       (2)(a) All funds, credits, or other assets, including but not limited to those in the agricultural local fund, held by the department of agriculture in connection with the powers, functions, and duties transferred shall be assigned to the board.

       (b) At any time after June 30, 2004, and at the conclusion of a contract under which the department of agriculture conducts by contract activities for the livestock identification board, the board may request the transfer and the department shall, upon such a request, transfer to the custody of the board all reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of agriculture pertaining to the functions performed by contract by the department for the board and all cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department to perform such duties on behalf of the board.

       (c) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

       (3) All rules of the department of agriculture adopted under chapter 16.57 RCW in effect on the effective date of this section, all rules adopted by the department under chapter 16.58 RCW in effect on the effective date of this section, and all rules adopted by the department under chapter 16.65 RCW, except for those adopted under the authorities retained by the department under RCW 16.65.350 and 16.65.360, in effect on the effective date of this section are, on the effective date of this section, rules of the livestock identification board. All proposed rules and all pending business before the department of agriculture pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the board. All existing contracts and obligations shall remain in full force and shall be performed by the board. All registrations made with the department under chapter 16.57 RCW, all licenses issued by the department under chapter 16.58 RCW, and all licenses issued by the department under chapter 16.65 RCW before the effective date of this section shall be considered to be registrations with and licenses issued by the board.

       (4) The transfer of the powers, duties, and functions of the department of agriculture shall not affect the validity of any act performed before the effective date of this section. The board shall take action to enforce against violations of chapters 16.57, 16.58, and 16.65 RCW and rules adopted thereunder regarding authorities transferred to the board by this act which occurred before the effective date of this section and for which enforcement is not taken by the department before the effective date of this section with the same force and effect as it may take actions to enforce chapters 16.57 and 16.58 RCW and rules adopted thereunder after the effective date of this section. Any enforcement action taken by the department of agriculture under chapter 16.57, 16.58, or 16.65 RCW regarding authorities transferred to the board by this act, or the rules adopted thereunder and not concluded before the effective date of this section, shall be continued in the name of the board.

       (5) As used in this section "livestock identification board" and "board" means the board created under RCW 16.57.015.

       NEW SECTION. Sec. 99. (1) The following acts or parts of acts are each repealed:

       (a) 1997 c 356 s 3;

       (b) 1997 c 356 s 5;

       (c) 1997 c 356 s 9;

       (d) 1997 c 356 s 11;

       (e) RCW 16.57.380 and 1991 c 110 s 8, 1981 c 296 s 22, & 1974 ex.s. c 38 s 1; and

       (f) RCW 16.65.110 and 1959 c 107 s 11.

       (2) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 98 of this act become law.

       NEW SECTION. Sec. 100. This act takes effect July 1, 1998, except that appointments may be made by the governor and proposed contracts may be developed under RCW 16.57.015 prior to July 1, 1998, to provide for an orderly transition of authority under this act.

       NEW SECTION. Sec. 101. 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, sections 1 through 4 and 7 through 100 of this act are null and void."

       On page 1, line 1 of the title, after "identification;" strike the remainder of the title and insert "amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.030, 16.57.040, 16.57.070, 16.57.080, 16.57.090, 16.57.100, 16.57.105, 16.57.110, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.350, 16.57.360, 16.57.370, 16.57.400, 16.57.407, 16.57.410, 16.57.420, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.120, 16.58.130, 16.58.140, 16.58.150, 16.58.160, 16.65.010, 16.65.015, 16.65.020, 16.65.030, 16.65.037, 16.65.040, 16.65.042, 16.65.050, 16.65.080, 16.65.090, 16.65.100, 16.65.140, 16.65.190, 16.65.200, 16.65.220, 16.65.235, 16.65.250, 16.65.260, 16.65.270, 16.65.280, 16.65.290, 16.65.300, 16.65.310, 16.65.320, 16.65.330, 16.65.340, 16.65.350, 16.65.360, 16.65.420, 16.65.422, 16.65.423, 16.65.424, 16.65.445, 16.65.450, 16.04.025, and 43.23.230; reenacting and amending RCW 41.06.070; adding new sections to chapter 16.57 RCW; adding a new section to chapter 42.17 RCW; creating new sections; repealing RCW 16.57.380 and 16.65.110; repealing 1997 c 356 s 3; repealing 1997 c 356 s 5; repealing 1997 c 356 s 9; repealing 1997 c 356 s 11; and providing an effective date.", and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Morton, Swecker; Representatives Chandler, Schoesler.


MOTION


      Senator Morton moved that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6204 be adopted.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Engrossed Substitute Senate Bill No. 6204.

      The motion by Senator Morton carried and the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6204 was adopted.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6204, as recommended by the Conference Committee.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6204, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 33.         Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Haugen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 16.      ENGROSSED SUBSTITUTE SENATE BILL NO. 6204, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 11, 1998

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5582 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


REPORT OF CONFERENCE COMMITTEE

SSB 5582                                                                                                                                                                                     March 10, 1998

Includes “'NEW ITEM”: YES

Liquor sales to intoxicated persons

MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5582, liquor sales to intoxicated persons, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted: Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 66.44.200 and 1933 ex.s. c 62 s 36 are each amended to read as follows:

       (1) No person shall sell any liquor to any person apparently under the influence of liquor.

       (2)(a) No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the board.

       (b) A violation of this subsection is an infraction punishable by a fine of not more than five hundred dollars.

       (c) A defendant's intoxication may not be used as a defense in an action under this subsection.

       (d) Until July 1, 2000, every establishment licensed under RCW 66.24.330 or 66.24.420 shall conspicuously post in the establishment notice of the prohibition against the purchase or consumption of liquor under this subsection.

       (3) An administrative action for violation of subsection (1) of this section and an infraction issued for violation of subsection (2) of this section arising out of the same incident are separate actions and the outcome of one shall not determine the outcome of the other."

       On page 1, line 2 of the title, after "liquor;" strike the remainder of the title and insert "amending RCW 66.44.200; and prescribing penalties." , and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Kline, Stevens; Representatives Robertson, McDonald.


MOTION


      Senator Stevens moved that the Report of the Conference Committee on Substitute Senate Bill No. 5582 be adopted.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Substitute Senate Bill No. 5582.

      The motion by Senator Stevens carried and the Report of the Conference Committee on Substitute Senate Bill No. 5582 was adopted.


MOTION


      On motion of Senator Goings, Senator Brown was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5582, as recommended by the Conference Committee.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5582, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 38.                Voting nay: Senators Fairley, Finkbeiner, Franklin, Fraser, Heavey, Kohl, McAuliffe, Spanel, Thibaudeau and Wojahn - 10.                 Excused: Senator Brown - 1.       SUBSTITUTE SENATE BILL NO. 5582, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGES FROM THE HOUSE

March 12, 1998

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1441,

      SUBSTITUTE HOUSE BILL NO. 2077, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 12, 1998

MR. PRESIDENT:

      The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8429, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 12, 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:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2830,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2935,

      SUBSTITUTE HOUSE BILL NO. 3001.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1441,

      SUBSTITUTE HOUSE BILL NO. 2077.


MESSAGE FROM THE HOUSE

March 11, 1998

MR. PRESIDENT:

      The House refuses to recede from its amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6187 and insists on its position and asks the Senate to concur therein, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      Senator Roach moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6187.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Roach that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6187.

      The motion by Senator Roach carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6187.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6187, as amended by the House.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6187, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.



      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Absent: Senators Finkbeiner and Prince - 2.         Excused: Senator Brown - 1.                 ENGROSSED SUBSTITUTE SENATE BILL NO. 6187, 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 11, 1998

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6238 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


REPORT OF CONFERENCE COMMITTEE


ESSB 6238                                                                                                                                                                                  March 11, 1998

Includes “'NEW ITEM”: YES

Changing provisions relating to dependent children


MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6238, changing provisions relating to dependent children, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

        Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 13.34.050 and 1979 c 155 s 38 are each amended to read as follows:

       (1) The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if: (a) A petition is filed with the juvenile court alleging that the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody; (b) an affidavit or declaration is filed by the department in support of the petition setting forth specific factual information evidencing reasonable grounds that the child's health, safety, and welfare will be seriously endangered if not taken into custody and at least one of the grounds set forth demonstrates a risk of imminent harm to the child. "Imminent harm" for purposes of this section shall include, but not be limited to, circumstances of sexual abuse, or sexual exploitation as defined in RCW 26.44.020; and (c) the court finds reasonable grounds to believe the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody.

       (2) Any petition that does not have the necessary affidavit or declaration demonstrating a risk of imminent harm requires notice and an opportunity to be heard by the parents.

       (3) The petition and supporting documentation must be served on the parent and the entity with whom the child is in custody at the time the child is removed. Failure to effect service does not invalidate the petition if service was attempted and the parent could not be found.

       Sec. 2. RCW 13.34.060 and 1990 c 246 s 1 are each amended to read as follows:

       (1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to that section. Whenever a child is taken into such custody pursuant to this section, the supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. The court shall hold a shelter care hearing within seventy-two hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, that such waiver is knowing and voluntary.

       (2) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title as soon as possible and in no event longer than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody. The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.

       The written notice of custody and rights shall be in substantially the following form:


"NOTICE


       Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.

       1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody. You should call the court at    (insert appropriate phone number here)    for specific information about the date, time, and location of the court hearing.

       2. You have the right to have a lawyer represent you at the hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:    (explain local procedure)   .

       3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

       You should be present at this hearing. If you do not come, the judge will not hear what you have to say.

       You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are:    (insert name and telephone number)   ."


       Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.

       If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.

       (3) If child protective services is not required to give notice under subsection (2) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.

       (4) Reasonable efforts to advise and to give notice, as required in subsections (2) and (3) of this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the juvenile court counselor or caseworker shall testify at the hearing or state in a declaration:

       (a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and

       (b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.

       (5) At the commencement of the shelter care hearing the court shall advise the parties of their basic rights as provided in RCW 13.34.090 and shall appoint counsel pursuant to RCW 13.34.090 if counsel has not been retained by the parent or guardian and if the parent or guardian is indigent, unless the court finds that the right to counsel has been expressly and voluntarily waived in court.

       (6) The court shall hear evidence regarding notice given to, and efforts to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall make an express finding as to whether the notice required under subsections (2) and (3) of this section was given to the parent, guardian, or legal custodian. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.

       (7) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care, except that such recommendation shall be submitted by the department of social and health services in cases where the petition alleging dependency has been filed by the department of social and health services, unless otherwise ordered by the court.

       (8) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that:

       (a) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

       (b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or

       (ii) The release of such child would present a serious threat of substantial harm to such child; or

       (iii) The parent, guardian, or custodian to whom the child could be released is alleged to have violated RCW 9A.40.060 or 9A.40.070.

       If the court does not release the child to his or her parent, guardian, or legal custodian, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether subsections (2) and (3) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090.

       (9) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.

       The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent and give weight to that fact before ordering return of the child to shelter care.

       (10) A shelter care order issued pursuant to this section may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be detained for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.

       (11) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. The hearing shall be held within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.

       Sec. 3. RCW 13.34.090 and 1990 c 246 s 4 are each amended to read as follows:

       (1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.

       (2) At all stages of a proceeding in which a child is alleged to be dependent ((pursuant to)) as defined in RCW 13.34.030(((2))) (4), the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court. Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency as defined in chapter 10.101 RCW.

       (3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel.

       (4) Copies of department of social and health services or supervising agency records to which parents have legal access pursuant to chapter 13.50 RCW shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, prior to any shelter care hearing and within ((twenty)) fifteen days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel. These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel a reasonable period of time prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing. These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel. When the records are served on legal counsel, legal counsel shall have the opportunity to review the records with the parents and shall review the records with the parents prior to the shelter care hearing.

       Sec. 4. RCW 13.34.120 and 1996 c 249 s 14 are each amended to read as follows:

       (1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. A parent may submit a counselor's or health care provider's evaluation of the parent, which shall either be included in the social study or considered in conjunction with the social study. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocate's report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.

       (2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(4) (b) or (c) shall contain the following information:

       (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

       (b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify services chosen and approved by the parent;

       (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

       (d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;

       (e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and

       (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

       Sec. 5. RCW 26.44.030 and 1997 c 386 s 25 are each amended to read as follows:

       (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

       (b) The reporting requirement shall also apply to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

       (c) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child or adult dependent or developmentally disabled person, who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

       (d) The report shall be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect. The report shall include the identity of the accused if known.

       (2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply.

       (3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

       (4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report shall also be made to the proper law enforcement agency within five days thereafter.

       (5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

       (6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

       (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services or department case services for the developmentally disabled. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child or developmentally disabled person. Information considered privileged by statute and not directly related to reports required by this section shall not be divulged without a valid written waiver of the privilege.

       (8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

       (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

       (10) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview shall occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

       (11) Upon receiving a report of alleged child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

       (12) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

       (13) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

       The department shall provide annual reports to the legislature on the effectiveness of the risk assessment process.

       (14) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

       (15) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral.

       Sec. 6. RCW 43.20A.870 and 1997 c 386 s 47 are each amended to read as follows:

       (1) The department shall prepare an annual quality assurance report that shall include but is not limited to: (((1))) (a) Performance outcomes regarding health and safety of children in the children's services system; (((2))) (b) children's length of stay in out-of-home placement from each date of referral; (((3))) (c) adherence to permanency planning timelines; and (((4))) (d) the response time on child protective services investigations differentiated by risk level determined at intake. The report shall be provided to the governor and legislature not later than July 1.

       (2) In cases where a dependency action has been initiated and in cases where a family has been referred to the alternative response system, the department shall report:

       (a) The number of cases where substance abuse is an identified risk factor in the risk factor assessment;

       (b) The number of cases where substance abuse is the factor or a primary factor in the risk assessment;

       (c) The number of cases where substance abuse treatment is recommended for a parent;

       (d) The period parent's referred to substance abuse treatment wait before entering substance abuse treatment;

       (e) The number of cases where substance abuse is a factor and substance abuse treatment is provided;

       (f) The number of cases where substance abuse is a factor and substance abuse treatment is not provided, including the reason why treatment was not provided; and

       (g) The number of cases where no dependency is filed because a parent receives substance abuse treatment."

       On page 1, line 1 of the title, after "children;" strike the remainder of the title and insert "and amending RCW 13.34.050, 13.34.060, 13.34.090, 13.34.120, 26.44.030, and 43.20A.870.", and the bill do pass as recommended by the Conference Committee.

      Signed by Senators Long, Hargrove, Stevens; Representatives Cooke, Boldt, Dickerson.


MOTION


      Senator Long moved that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6238 be adopted.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Conference Committee Report on Engrossed Substitute Senate Bill No. 6238.

      The motion by Senator Long carried and the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6238 was adopted.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6238, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6238, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, 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, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Absent: Senators Prince and Schow - 2.                Excused: Senator Brown - 1.                 ENGROSSED SUBSTITUTE SENATE BILL NO. 6238, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

March 11, 1998

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 6445 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


REPORT OF CONFERENCE COMMITTEE

SSB 6445                                                                                                                                                                                     March 11, 1998

Includes “'NEW ITEM”: NO

Adopting a supplemental capital budget


MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6455, adopting a supplemental capital budget, have had the same under consideration and we recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to 1997 c 235 to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

       Infrastructure needs assessment

       The appropriation in this section is subject to the following conditions and limitations:

       (1) The public works board ("board"), in consultation with the department of community, trade, and economic development ("department"), shall contract for a local government infrastructure needs assessment. The board shall issue a progress report to the governor, house of representatives capital budget committee, the senate ways and means committee, the joint legislative transportation committee, the house of representatives government administration committee, and the senate government operations committee by January 31, 1999. The final report shall be delivered by June 30, 1999.

       (2) The infrastructure needs assessment shall utilize local capital improvement plans, to the extent available, to identify local government infrastructure needs for the planning, acquisition, construction, repair, replacement, rehabilitation, or improvements necessary for the next six years. The definitions and principles to be utilized in determining infrastructure needs shall be those set forth in chapter 36.70A RCW, including economic development. The infrastructure assessment shall also include a listing, description and evaluation of utilization of all private and public financing options, and policy alternatives that would assist in meeting local government infrastructure needs. For the purposes of this infrastructure needs assessment:

       (a) Local government shall include each city, county, town, and each water, sewer, storm water, and public utility district providing water or sewer services in the state of Washington.

       (b) Infrastructure shall be limited to bridges, roadways, domestic water, sanitary sewer, and storm water systems.

       (3) The board shall contract for the collection and review of local capital expenditure data, the evaluation of local government infrastructure needs, the projection of future infrastructure needs, including needs to meet requirements under chapter 36.70A RCW. The board shall also contract for the development of criteria for a data base which can be maintained and updated, and such other matters as the board may deem necessary to provide an adequate representation of local capital needs and the ability of local governments to finance such needs.

       (4) The legislative evaluation and accountability program shall cooperate with the department in the completion of the infrastructure needs assessment and may enter into interagency agreements. The legislative evaluation and accountability program shall develop the structure of the local government infrastructure data base and provide recommendations on the maintenance of the data base. The data base shall: Use the data compiled by and be compatible with that developed by the board's contractor; and have a structure to maintain its future use and updates.

       The department shall provide a compilation of all capital improvement plans prepared by local governments. The department shall identify: Federal, state, and local infrastructure financing sources currently in use; all revenue sources available, but not fully utilized by each local government, and obstacles to full utilization; and the compilation of local government expenditures for infrastructure investments by source of funds and by jurisdiction for the period beginning January 1, 1993, and ending December 31, 1997, for local governments with a population greater than 50,000; and January 1, 1995, and ending December 31, 1997, for local governments with fewer than 50,000 population.

       (6) The board shall convene an advisory committee of stakeholders to include representatives from the department of community, trade, and economic development, the office of financial management, the legislative evaluation and accountability program, the Washington state association of counties, the association of Washington cities, the Washington association of realtors, the national association of industrial office properties, the building industry association of Washington, the associated general contractors, the association of Washington business, Washington state building and construction trades council, and 1000 friends of Washington. The board may, as it deems necessary, utilize technical advisory groups or state agencies in addition to the advisory committee to assist itself in implementing this proviso.

       The advisory committee shall serve as the advisory committee to the board to assist in guiding the infrastructure assessment and developing interpretations of this proviso as necessary. The committee shall establish criteria and categorize infrastructure projects as necessary to meet the requirements set forth in chapter 36.70A RCW, or as reflective of other community priorities, and review elements and standards of infrastructure needs identified in the study.

                              Appropriation:

                                           Public Works Assistance

                                                             Account--State. . . . . . . . . . . . . . . . . . . . . .$                                                                                                         750,000

                                           Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$                                                                                                                    0

                                           Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$                                                                                                                    0


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

                                                                               TOTAL. . .. . . . . . . . . . . . . . . . .$                                                                                                         750,000

       NEW SECTION. Sec. 2. A new section is added to 1997 c 235 to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

       Emergency flood and erosion repairs

       The appropriation in this section is provided solely for shoreline repairs at Ocean Shores to prevent further erosion and flood control.

                              Appropriation:

                                           St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$                                                                                                         150,000

                                           Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$                                                                                                                    0

                                           Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$                                                                                                                    0

                                                                               TOTAL. . .. . . . . . . . . . . . . . . . .$                                                                                                         150,000

       NEW SECTION. Sec. 3. A new section is added to 1997 c 235 to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT

       Year 2000 building, facility, and equipment date conversion (99-1-001)

       The office of financial management shall allocate appropriations to be used by state agencies and universities in performing Year 2000 assessments of facility management systems, control systems, and other computer systems related to capital facilities and equipment. Funds available in this appropriation may also be allocated for corrective measures on a priority basis to address critical system repairs. As used in this section, "CTC Cap Proj Acct" means Community and Technical Colleges Capital Projects Account.

                              Appropriation:

                                           CEP & RI Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$                                                                                                         500,000

                                           Thurston County Cap Fac

                                                             Acct--State. . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                           60,000

                                           TESC Cap Proj Acct--State. . . . . . . . . . . . . . . . . . . .$                                                                                                           50,000

                                           UW Bldg Acct--State. . . . . . . . .. . . . . . . . . . . . . . . . .$                                                                                                         100,000

                                           CWU Cap Proj Acct--State. . . .. . . . . . . . . . . . . . . . .$                                                                                                           50,000

                                           WSU Bldg Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$                                                                                                         100,000

                                           EWU Cap Proj Acct--State. . . .. . . . . . . . . . . . . . . . .$                                                                                                           50,000

                                           WWU Cap Proj Acct--State. . . . . . . . . . . . . . . . . . . .$                                                                                                         180,000

                                           CTC Cap Proj Acct--State. . . . . . . . . . . . . . . . . . . . .$                                                                                                         100,000

                                           St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$                                                                                                      1,866,000

                                                             Subtotal Appropriation. . . . . . . . . . . . . . . .$                                                                                                      3,056,000

                                           Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$                                                                                                                    0

                                           Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$                                                                                                                    0

                                                                               TOTAL. . .. . . . . . . . . . . . . . . . .$                                                                                                      3,056,000

       Sec. 4. 1997 c 235 s 152 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

       The control and management of the Wellington Hills property which was purchased by the state of Washington as a potential site for the University of Washington Bothell branch campus is transferred to the department of general administration. The site shall be disposed of at fair market value and the proceeds from the sale shall be deposited in the state building construction account. The department may retain from the proceeds of the sale an amount sufficient to provide reimbursement for expenses as approved by the office of financial management.

       Prior to sale the department of general administration shall conduct a highest and best use study regarding the alternatives for future use of this site. Alternatives shall include, at a minimum, immediate sale, trade, transfer, lease, and retention for future state use. The study shall identify and consider the development characteristics and opportunities of the site, land use limitations and potential, and the desires and expectations of the surrounding communities. The study shall identify the benefits and risks of each alternative identified. The study shall be completed by June 30, 1998, and shall be transmitted for evaluation and determination of the best use of the property. Copies of the study shall be provided to the legislative fiscal committees, the office of financial management, and the higher education coordinating board.

       The University of Washington shall continue to pay all necessary fees and assessments appurtenant to the property until the property is sold.

       NEW SECTION. Sec. 5. A new section is added to 1997 c 235 to read as follows:

FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

       Fire safety sprinkler systems (99-1-001)

       The appropriation in this section is subject to the following conditions and limitations:

       Funds are provided solely for fire sprinklers in the Douglas building at the Northern State Multi-Service Center.

                              Appropriation:

                                           St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$                                                                                                         600,000

                                           Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$                                                                                                                    0

                                           Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$                                                                                                                    0

                                                                               TOTAL. . .. . . . . . . . . . . . . . . . .$                                                                                                         600,000

       NEW SECTION. Sec. 6. A new section is added to 1997 c 235 to read as follows:

FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

       Alaska Street Building: Cooling tower and chiller (99-1-002)

                              Appropriation:

                                           St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$                                                                                                         155,000

                                           Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$                                                                                                                    0