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NINETY-NINTH DAY





MORNING SESSION


House Chamber, Olympia, Monday, April 19, 1999


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


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Alicia Orlando and Jasmin Zavala. Prayer was offered by Father Richard Sedlacek, St. Joseph's Church, Kennewick.


RESOLUTION


             HOUSE RESOLUTION NO. 99-4676, by Representatives McIntire, Edmonds, Kagi, Reardon, Gombosky, Cooper, Conway, Keiser, Kenney, Regala, H. Sommers, Rockefeller, Carlson, Esser, Radcliff, Dunshee, Hurst, Constantine, Huff, Dunn, Thomas, Lantz, Hankins, Pflug, Skinner and Barlean


             WHEREAS, The University of Washington has been ranked number one by the journal Science Watch as the top mathematics research university in the United States, above Harvard University, Stanford University, New York University, the University of Chicago, California Institute for Technology, Cornell University, Princeton University, the University of Minnesota, and Yale University, thanks to over three hundred published contributions to mathematics and statistics authored by University of Washington faculty and students from 1993 through 1997 and cited by top scholars throughout the world; and

             WHEREAS, The high level of scholarship by University of Washington mathematicians and statisticians, along with the work of University of Washington colleagues in the fields of pharmacology (ranked second nationally), geoscience (ranked third), clinical medicine (ranked fourth), ecology and environment (ranked seventh), and psychology and psychiatry (ranked tenth), has earned the University of Washington eighth place in research among the 100 top federally funded universities in the country; and

             WHEREAS, The study and application of mathematics has contributed greatly to the development of agriculture, engineering, construction, manufacturing, aerospace, and computer technology across Washington; and

             WHEREAS, College mathematics education in Washington was introduced in 1861 by Asa Mercer, the Washington state pioneer who served as the University of Washington's first president and first mathematics teacher; and

             WHEREAS, The University of Washington Mathematics Department teaches thousands of undergraduate and graduate students every year, as well as enriching the education of elementary, middle, and high school students across the state who participate in the department's mathematics outreach programs in their local schools; and

             WHEREAS, Our families and future depend upon the jobs, income, revenues, and other opportunities created by an expanding, information-based economy, which in turn relies upon top-quality mathematics research and teaching;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives hereby recognize the University of Washington as a world leader in higher education and congratulate the faculty and students of the University of Washington for ranking first in mathematics research, and ranking in the top ten in five other research fields; and furthermore, recognize the importance of mathematics in the education of our children and adults, and in sustaining Washington's economy and high quality of life.


             Representative McIntire moved adoption of the resolution.


             Representatives McIntire, Edmonds, Carlson, Ericksen and H. Sommers spoke in favor of the adoption of the resolution.


             House Resolution No. 99-4676 was adopted.


SPEAKER'S PRIVILEGE


             The Speaker (Representative Ogden presiding) introduced Professor Donald Marshall, chair of the UW Department of Mathematics, and Professor Emeritus Robert Phelps, UW Mathematics Department, and asked the Chamber to acknowledge these gentlemen.


RESOLUTION


             HOUSE RESOLUTION NO. 99-4678, by Representatives O'Brien, Dunn, Kenney, Carlson, Schindler, Santos, Cody, Dickerson, Chopp, Thomas, Fortunato, Wensman and Skinner


             WHEREAS, It is the policy of the Washington State Legislature to recognize the contributions of institutions which reflect and promote standards of excellence that enhance the well-being and quality of life of the citizens of the state of Washington; and

             WHEREAS, O'Dea High School in Seattle this year is celebrating its 75th year since it opened its doors in 1924; and

             WHEREAS, O'Dea High School has continuously brought the highest standards of quality Catholic education to a diverse, economic, racial, and ethnic student body; and

             WHEREAS, The "Fighting Irish" of O'Dea High School have for three-quarters of a century realized the vision of Bishop Edward O'Dea and the Christian Brothers of a Catholic Boys' School in Seattle, in commitment to the mission of an education based on religious principles and that of building a true community of living faith and service; and

             WHEREAS, The Washington State House of Representatives believes that the citizens of the state of Washington should be made aware of the O'Dea High School's strong reputation for educating young men academically, spiritually, socially, and physically; and

             WHEREAS, The Washington State House of Representatives seeks to congratulate the Christian Brothers, students, alumni, staff, friends, and the Board of Limited Jurisdiction, as well as parents of current and former students of O'Dea High School for being an excellent example of leadership in the field of education in the state; and

             WHEREAS, The Washington State House of Representatives adds its voice to this 75th Jubilee year of O'Dea High School, thereby strengthening the ties of the Catholic community and the community at large to the school;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives, on behalf of the citizens of the state of Washington, recognize and celebrate O'Dea High School of Seattle for its 75 years of excellent and dedicated service; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to O'Dea High School.


             Representative O'Brien moved adoption of the resolution.


             Representative O'Brien spoke in favor of the adoption of the resolution.


             House Resolution No. 99-4678 was adopted.


SPEAKER'S PRIVILEGE


             The Speaker (Representative Ogden presiding) introduced students from O'Dea High School with Brother John Greenan, Brother James McDonald, advisor Janice Davis Niles and Monte Kohler, and asked the Chamber to acknowledge them.


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


INTRODUCTIONS AND FIRST READING

 

HB 2286           by Representatives Benson, Wensman, Clements, Pennington, Lisk, Carlson, Sump, Barlean, Talcott, Mastin, Alexander, G. Chandler, McDonald, Huff, Campbell, Mielke, Cox, Crouse, Bush, Boldt, Skinner, Cairnes, Radcliff, Buck, Ballasiotes, Hankins, B. Chandler, McMorris, Carrell, Mitchell, Ericksen, Van Luven, Dunn, K. D. Schmidt D. Sommers Schmidt, Thomas, Esser, Lambert, Delvin, Fortunato, Parlette, Schindler and Koster

 

AN ACT Relating to appropriations for disaster relief, fire suppression, and national guard activation during the 1997-99 fiscal biennium; amending 1998 c 346 s 128 (uncodified); making appropriations; and declaring an emergency.

 

Referred to Committee on Appropriations.

 

HB 2287           by Representatives B. Chandler, Wensman, Radcliff, Huff, Alexander, Parlette, McDonald, K. Schmidt, Lambert, Mastin, Clements, Skinner, Koster, Schoesler, Schindler, G. Chandler, Sump, Ericksen, Esser, Delvin, Mitchell, Mulliken, Buck, Talcott, Lisk, Barlean, Fortunato, Van Luven, Campbell, Benson, D. Sommers, McMorris, Thomas, DeBolt, D. Schmidt, Pflug, Boldt, Bush and Pennington

 

AN ACT Relating to appropriations for purposes of fairs for fiscal year 1999; adding a new section to 1997 c 149 (uncodified); and declaring an emergency.

 

Referred to Committee on Appropriations.

 

HB 2288           by Representatives Carrell, Wensman, Radcliff, Huff, Alexander, Lambert, McDonald, Schindler, K. Schmidt, Mastin, Clements, Skinner, Koster, Campbell, Esser, G. Chandler, Parlette, Sump, Ericksen, Delvin, Mitchell, Buck, Talcott, B. Chandler, Lisk, Mulliken, Barlean, Fortunato, Van Luven, Benson, Pflug, D. Sommers, McMorris, Thomas, DeBolt, Schoesler, D. Schmidt, Bush, Pennington and Boldt

 

AN ACT Relating to providing funding for school construction projects that were approved but unfunded during the 1997-99 fiscal biennium; creating a new section; making an appropriation; and declaring an emergency.

 

Referred to Committee on Appropriations.

 

HB 2289           by Representatives Alexander, Wensman, Radcliff, Huff, McDonald, Campbell, Schoesler, K. Schmidt, Lambert, Mastin, Clements, Skinner, Koster, Schindler, Esser, G. Chandler, Parlette, Sump, Ericksen, Delvin, Mitchell, Buck, Talcott, B. Chandler, Lisk, Mulliken, Barlean, Fortunato, Van Luven, Benson, Pflug, McMorris, Thomas, DeBolt, D. D. Schmidt Sommers, Bush, Pennington and Boldt

 

AN ACT Relating to authorizing transfers among existing appropriations in the department of social and health services and the department of corrections during the 1997-1999 fiscal biennium; amending 1998 c 346 s 201 (uncodified); amending 1998 c 346 s 220 (uncodified); and declaring an emergency.

 

Referred to Committee on Appropriations.

 

SSB 6090          by Senate Committee on Ways & Means (originally sponsored by Senator Loveland)

 

Modifying provisions that relate to the management and administration of agricultural college lands.

 

Referred to Committee on Appropriations.


MOTION


             On motion of Representative Gombosky, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.


REPORTS OF STANDING COMMITTEES


April 15, 1999

HB 2267           Prime Sponsor, Representative Doumit: Providing a tax credit to institutions that forgive loans to landslide victims. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Benson, Republican Co-Chair; Hatfield, Democratic Co-Chair; Bush, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Cairnes; Santos and Talcott.


             Voting yea: Representatives Benson, Hatfield, Bush, McIntire, Barlean, Cairnes, Santos and Talcott.

             Excused: Representative(s) DeBolt, Keiser, Quall and Sullivan.


             Referred to Committee on Finance.


MOTION


             On motion of Representative Gombosky, the bill listed on the day's committee reports under the fifth order of business was referred to the committee so designated.


MESSAGES FROM THE SENATE

April 19, 1999

Mr. Speaker:


             The President has signed:

HOUSE BILL NO. 1142,

SUBSTITUTE HOUSE BILL NO. 1219,

ENGROSSED HOUSE BILL NO. 1264,

HOUSE BILL NO. 1322,

HOUSE BILL NO. 1330,

HOUSE BILL NO. 1561,

SECOND SUBSTITUTE HOUSE BILL NO. 1661,

HOUSE BILL NO. 1664,

HOUSE BILL NO. 1703,

SUBSTITUTE HOUSE BILL NO. 1718,

HOUSE BILL NO. 2081,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2095,

HOUSE BILL NO. 2261,

and the same are herewith transmitted.

Tony Cook, Secretary


April 19, 1999

Mr. Speaker:


             The President has signed:

SUBSTITUTE SENATE BILL NO. 5029,

ENGROSSED SENATE BILL NO. 5371,

ENGROSSED SENATE JOINT MEMORIAL NO. 8013,

and the same are herewith transmitted.

Tony M. Cook, Secretary


RESOLUTIONS


             HOUSE RESOLUTION NO. 99-4680, by Representatives Schoesler, Cox, Barlean and Dunn


             WHEREAS, It is the policy of the Legislature to honor excellence in every field of endeavor; and

             WHEREAS, The Garfield-Palouse High School Vikings Track Team won the 1998 State B championship; and

             WHEREAS, The Vikings Track Team members include: Katie Coles, April Nelson, Shelli Smick, Anna Hilty-Jones, and Leah Hemphill; and

             WHEREAS, Each member contributed to the team's trip to the finals by scoring points which combine to qualify the team for state competition; and

             WHEREAS, Athletics promotes the cultivation of self-discipline, initiative and communication in student athletes which carries over into their school work and community participation; and

             WHEREAS, Viking Track Team members set a good example for their fellow students and demonstrated that with dedication and perseverance, anything is possible; and

             WHEREAS, The Vikings Track Team members are a credit to their community;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and congratulate the Garfield-Palouse Track Team members for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and

             BE IT FURTHER RESOLVED, That Coaches Phil Morgan and Tim Coles be recognized and commended for their leadership and care for the team; and

             BE IT FURTHER RESOLVED, That the teachers, classmates, and parents of the team members be recognized for the important part they played in helping these student athletes excel; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Coaches Phil Morgan and Tim Coles, Athletic Director Alli Bennett, Principal Skip Wilson and the members of the Garfield-Palouse Track Team.


             House Resolution No. 99-4680 was adopted.


             HOUSE RESOLUTION NO. 99-4681, by Representatives Schoesler, Cox, Barlean and Dunn


             WHEREAS, Athletics is an effective manner for girls to develop leadership skills and confidence; and

             WHEREAS, The Garfield-Palouse High School Vikings Girls Softball Team demonstrated excellence and dedication in winning the 1998 State B championship; and

             WHEREAS, Achievement in sports contributes to personal growth and the formation of important values such as teamwork, persistence, cooperation, and communication that will serve the players for life; and

             WHEREAS, The Garfield-Palouse Vikings Girls Softball Team players are Jenny Iverson, Heidi Worthington, Brenda Bower, Jennifer Cronk, Annie Flansburg, Sandra Tronsen, Toshia Smith, Heidi Slinkard, Holly Sheldon, Tawni Welch, Joanna Wall, Lea Anne Hegg, Edilsa Bishop, Tricia Schwartzman, Teresa Atkinson, Shannon Roper, Nancy Sheffler, Jessica Hayden, Missy Hill, Sarelle Parrish, Carly Kerr, and Eva Hershaw; and

             WHEREAS, The Garfield-Palouse Vikings Girls Softball Team has won the state championship for the second year in a row; and

             WHEREAS, The Garfield-Palouse Vikings ended the 1998 regular season with an impressive 19-1 record; and

             WHEREAS, The Garfield-Palouse Vikings Softball Team's hard work and perseverance set a good example for its fellow students; and

             WHEREAS, Coach Kevin Sheffler and Assistant Coaches Gary Parberry, Nikkie Brown, and Kacey Pfaff, through their leadership and discipline, have become role models for their players; and

             WHEREAS, The Garfield-Palouse Vikings are a credit to their community;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and congratulate the Garfield-Palouse Girls Softball Team for their hard work, commitment, and sacrifice in achieving this significant accomplishment; and

             BE IT FURTHER RESOLVED, That the teachers, classmates, and parents of the team members be recognized for the important part they played in helping these student athletes excel; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to: Head Coach Kevin Sheffler; Assistant Coaches Gary Parberry, Nikkie Brown, and Kacey Pfaff; Athletic Director Alli Bennett; Principal Skip Wilson; and the members of the Garfield-Palouse Girls Softball Team.


             House Resolution No. 99-4681 was adopted.


             HOUSE RESOLUTION NO. 99-4683, by Representatives Schoesler, Cox, Barlean and Dunn


             WHEREAS, It is the policy of the Legislature to honor excellence in every field of endeavor; and

             WHEREAS, The Ritzville High School Girls' Golf Team won the 1998 State A/B championship; and

             WHEREAS, The Ritzville Broncos Girls' Golf Team has won its fifth straight WIAA State A/B golf championship; and

             WHEREAS, The Ritzville Broncos Girls' Golf Team consists of Emily Ulleland, Angela Gibler, and Jessica Cox; and

             WHEREAS, Participation in sports helps students gain stronger leadership abilities and become more productive members of their school and community; and

             WHEREAS, Team members' commitment to their sport and pride in their school sets a good example for their peers;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and congratulate the Ritzville Girls' Golf Team for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and

             BE IT FURTHER RESOLVED, That Head Coach Ron Barker be recognized for his leadership; and

             BE IT FURTHER RESOLVED, That the teachers, classmates, and parents of the team members be recognized for the important part they played in helping these student athletes excel; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Head Coach Ron Barker, Principal Robert Hammann, and each member of the Ritzville Girls' Golf Team.


             House Resolution No. 99-4683 was adopted.


             HOUSE RESOLUTION NO. 99-4684, by Representatives Schoesler, Cox, Barlean and Dunn


             WHEREAS, Athletics is an effective manner for girls to develop leadership skills and confidence; and

             WHEREAS, The Othello High School Girls' Soccer Team won the 1999 State A championship; and

             WHEREAS, This is the second year in a row the Othello Husky Girls' Soccer Team succeeded in earning a berth in the state championships; and

             WHEREAS, Achievement in sports contributes to personal growth, increased self-esteem, and the formation of important values such as teamwork, cooperation, communication, and initiative; and

             WHEREAS, The Husky Girls' Soccer Team players are Lena Rodriquez, Annie Baxter, Ciria Ochoa, Miciah Jacobs, Christine Getz, Kristin Powell, Brie Roloff, Rochelle Cantu, Amy Rogers, Megan Jordan, Jaclyn Jordan, Esther Mohs, Jennifer Baxter, Susan Fuller, Jennifer Mendez, Rachael Drouhard, Sara Wright, Susie Cerrillo, Sara McKay, Veronica Rodriguez, Cheryl Booth, and Erica Avina; and

             WHEREAS, Head Coach Bernie Garza and Assistant Coach Rachel Rogers, through their leadership and discipline, have become role models for their players; and

             WHEREAS, The members of the team have demonstrated to their classmates that through perseverence and hard work anything is possible; and

             WHEREAS, The Othello Huskies are a credit to their community;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and congratulate the Othello High School Girls' Soccer Team for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and

             BE IT FURTHER RESOLVED, That the teachers, classmates, and parents of the team members be recognized for their invaluable role in ensuring these athletes ultimate success; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Head Coach Bernie Garza, Assistant Coach Rachel Rogers, Principal Bill Duncanson, Athletic Director Pete Patitucci, and the members of the Othello High School Girls' Soccer Team.


             House Resolution No. 99-4684 was adopted.


             HOUSE RESOLUTION NO. 99-4685, by Representatives Schoesler, Cox, Barlean and Dunn


             WHEREAS, It is the policy of the Legislature to honor excellence in every field of endeavor; and

             WHEREAS, The Othello High School Husky Football Team won the 1998 State AA championship; and

             WHEREAS, The Husky Football Team ended the regular season with a 7-2 record and posted a perfect playoffs performance with a 4-0 record; and

             WHEREAS, The team outscored their opponents 335 points to 91 during regular season; and

             WHEREAS, The Husky Football Team players are: Jeremiah Hafer, J.B. Bradford, Joe Brandenburg, Isaac Jahns, Ricardo Garza, Ross Kondo, Danny Villarreal, Kevin Gilbert, Matt Risenmay, D.J. Garza, Eric Walraf, Ben Jensen, Mark Molotte, Shawn Duncanson, Joe Wanner, Travis Beus, Travis Kwak, Matt Erickson, Tyson Para, Matt Para, Enoc Villarreal, Lance Reichert, Alex Navarette, Dan McCourtie, Colby Smith, Jon Long, Omar Mendoza, Shane Gropp, Brian Ruiz, Blake Klingeman, Eddie Keele, Matt Klingeman, Michael Montemayor, Bo Beus, Trevor Gilbert, Dusty Pegman, Ramon Perez, Todd Gilbert, and Ruben Pruneda; and

             WHEREAS, Participation in High School football encourages teamwork and responsibility; and

             WHEREAS, Team members' commitment to their sport and pride in their school set a good example for their peers; and

             WHEREAS, The Husky Football Team members are a credit to their community;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and congratulate the Othello High School Football Team for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and

             BE IT FURTHER RESOLVED, That Head Coach Roger Hoell and Assistant Coaches Mike Hofheins, Vern Hare, Ruben Martinez, Jeff Mullin, Abe Ramirez, and Matt Stevens be recognized for their leadership; and

             BE IT FURTHER RESOLVED, That the teachers, classmates, and parents of the team members be recognized for the invaluable part they played in supporting these athletes and helping them succeed; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to: Head Coach Roger Hoell; Assistant Coaches Mike Hofheins, Vern Hare, Ruben Martinez, Jeff Mullin, Abe Ramirez, and Matt Stevens; Athletic Director Pete Patitucci; Principal Bill Duncanson; and each member of the Othello High School Football Team.


             House Resolution No. 99-4685 was adopted.


SENATE AMENDMENTS TO HOUSE BILL

April 13, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1935 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 28A.215.110 and 1994 c 166 s 2 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.

             (1) "Advisory committee" means the advisory committee under RCW 28A.215.140.

             (2) "Department" means the department of community, trade, and economic development.

             (3) "Eligible child" means a child not eligible for kindergarten whose family income is at or below one hundred thirty percent of the federal poverty level, as published annually by the federal department of health and human services, and includes a child whose family is eligible for public assistance, and who is not a participant in a federal or state program providing comprehensive services and may include children who are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the total enrollment in the early childhood program. Priority for enrollment shall be given to children from families with the lowest income or to eligible children from families with multiple needs.

             (4) "Approved programs" means those state-supported education and special assistance programs which are recognized by the department of community, trade, and economic development as meeting the minimum program rules adopted by the department to qualify under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 and are designated as eligible for funding by the department under RCW 28A.215.160 and 28A.215.180.

             (5) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.

             (6) "Family support services" means providing opportunities for parents to:

             (a) Actively participate in their child's early childhood program;

             (b) Increase their knowledge of child development and parenting skills;

             (c) Further their education and training;

             (d) Increase their ability to use needed services in the community;

             (e) Increase their self-reliance."


             On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "and amending RCW 28A.215.110."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1935 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 8, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1317 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 47.80.023 and 1998 c 171 s 8 are each amended to read as follows:

             Each regional transportation planning organization shall have the following duties:

             (1) Prepare and periodically update a transportation strategy for the region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.

             (2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with county-wide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.

             (3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.

             (4) Where appropriate, certify that county-wide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.

             (5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program shall be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program shall be updated at least every two years for the ensuing six-year period. Regional transportation planning organizations shall provide to the legislators whose districts are within the boundaries of the organization notification of available publications. Upon request by legislators, the regional transportation planning organization shall provide a schedule of six-year transportation improvement program decision process points, updates, and amendments to the six-year transportation improvement program.

             (6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.

             (7) Review level of service methodologies used by cities and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors.

             (8) Work with cities, counties, transit agencies, the department of transportation, and others to develop level of service standards or alternative transportation performance measures.


             Sec. 2. RCW 47.80.040 and 1990 1st ex.s. c 17 s 56 are each amended to read as follows:

             Each regional transportation planning organization shall create a transportation policy board. Transportation policy boards shall provide policy advice to the regional transportation planning organization and shall allow representatives of major employers within the region, the department of transportation, transit districts, port districts, and member cities, towns, and counties within the region to participate in policy making. Any members of the house of representatives or the state senate whose districts are within the boundaries of the regional transportation planning organization are considered ex officio, nonvoting policy board members of the regional transportation planning organization. This does not preclude legislators from becoming full-time, voting board members.


             Sec. 3. RCW 47.80.070 and 1994 c 158 s 5 are each amended to read as follows:

             In order to ensure state-wide consistency in the regional transportation planning process, the state department of transportation, in conformance with chapter 34.05 RCW, shall:

             (1) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;

             (2) Facilitate coordination between regional transportation planning organizations; and

             (3) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan ((improvements and strategies)) the most efficient strategy to address identified deficiencies, including investments in modal integration within those corridors important to moving people and goods on a regional ((or)) and state-wide basis.


             Sec. 4. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:

             The state-owned facilities component of the state-wide transportation plan shall be consistent with RCW 47.06.040 and shall identify the most cost-effective combination of transportation investments that maximizes the efficient movement of people, freight, and goods within state transportation corridors, to include public-private transportation initiatives. The identification process shall include the modal comparison of highway, ferry, bicycle, and pedestrian facilities, passenger rail, air transportation, public transit, transportation demand measures, and high-capacity transportation improvements within a state transportation corridor. The comparison of transportation modes shall include an analysis of the public, private, and social costs and benefits of transportation investments. The state-owned facilities component of the state-wide transportation plan shall also consist of:

             (1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:

             (a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;

             (b) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Congestion relief must be a primary emphasis of the capacity and operational improvement element. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;

             (c) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;

             (d) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.

             (2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, and develop strategies for ferry system investment that consider regional and state-wide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees."


             On page 1, line 1 of the title, after "planning" strike the remainder of the title and insert "and the state-owned facilities component of the state-wide transportation plan and intercity passenger rail; and amending RCW 47.80.23, 47.80.040, 47.80.070, and 47.06.050."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1317 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 14, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1376 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.16.381 and 1998 c 294 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) Those individuals who have lost a lower extremity, partially or completely, are exempt from the physician certification requirement necessary to receive special parking privileges. In order to qualify for special parking privileges, these individuals must apply at a licensing office, and authorized department staff must visually confirm the loss of the lower extremity. The applicant must sign a form certifying that he or she meets the criteria of subsection (1)(a) of this section. Based on this confirmation and certification, the certification of the person's disability is satisfied. The department shall note the criteria for the issuance of the disabled parking permit on the identification card issued under subsection (4) of this section. In addition to other penalties for providing false information on the application, the penalty for providing false information under this subsection is immediate cancellation of the disabled parking permit.

             (4) 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.

             (((4))) (5) 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.

             (((5))) (6) 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. 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 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.

             (((6))) (7) 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))) (8) The department may not require existing permit holders to obtain a physician's recertification of their disability in order to renew their disabled parking permits.

             (9) 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.

             (((8))) (10) Any unauthorized use of the special placard, special license plate, or photo identification card is a traffic infraction with a monetary penalty of two hundred fifty dollars.

             (((9))) (11) 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))) (12) It is a parking infraction, with a monetary penalty of 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.

             (((11))) (13) The penalties imposed under subsections (((9) and (10))) (11) and (12) 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.

             (((12))) (14) Except as provided by subsection (2) of this section, it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special license plate, placard, or photo identification card in a manner other than that established under this section.

             (((13))) (15)(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))) (16) 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))) (17) The court may not suspend more than one-half of any fine imposed under subsection (((8), (9),)) (10), ((or)) (11), (12), or (14) of this section."


             In line 1 of the title, after "amputees;" strike the remainder of the title and insert "amending RCW 46.16.381; and prescribing penalties."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1376 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 12, 1999

Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 14.08.122 and 1987 c 254 s 2 are each amended to read as follows:

             An airport operator may adopt all regulations necessary for rental and use of airport facilities and for the expeditious collection of airport charges. The regulations may also establish procedures for the enforcement of these regulations by the airport operator. The regulations shall include the following:

             (1) Procedures authorizing airport personnel to take reasonable measures including, but not limited to, the use of chains, ropes, and locks to secure aircraft within the airport facility so that the aircraft are in the possession and control of the airport operator and cannot be removed from the airport. These procedures may be used if an owner hangaring or parking an aircraft at the airport fails, after being notified that charges are owing and of the owner's right to contest that such charges are owing, to pay the airport charges owed ((and the account is at least sixty days delinquent)) or to commence legal proceedings. Notification shall be by registered mail to the owner at his or her last known address. In the case of an aircraft where an owner's address cannot be determined or obtained after reasonable effort, the airport operator need not give such notice prior to securing the aircraft. At the time of securing the aircraft, an authorized airport employee shall attach to the aircraft a readily visible notice and shall make a reasonable attempt to send a copy of the notice to the owner at his or her last known address by registered mail, return receipt requested, and ((a)) an additional copy of the notice by first class mail. The notice shall be of a reasonable size and shall contain the following information:

             (a) The date and time the notice was attached;

             (b) A reasonable description of the aircraft;

             (c) The identity of the authorized employee;

             (d) The amount of airport charges owing;

             (e) A statement that if the account is not paid in full within ((one hundred eighty)) ninety days from the time the notice was attached the aircraft may be sold at public auction to satisfy the airport charges;

             (f) ((The time and place of sale;

             (g))) A statement of the owner's right to commence legal proceedings to contest the charges owing and to have the aircraft released upon posting of an adequate cash bond or other security; and

             (((h))) (g) The address and telephone number where additional information may be obtained concerning the release of the aircraft.

             (2) Procedures authorizing airport personnel at their discretion to ((place)) move aircraft ((in)) to an area within the airport operator's control or for storage with private persons under the airport operator's control as bailees of the airport facility. ((Reasonable)) Costs of any such procedure shall be paid by the aircraft's owner.

             (3) If an aircraft is secured under subsection (1) of this section or moved under conditions authorized ((under)) by subsection (2) of this section the owner who is obligated for hangaring or parking or other airport charges may regain possession of the aircraft by:

             (a) Making arrangements satisfactory with the airport operator for the immediate removal of the aircraft from the airport's hangar, or making arrangements for authorized parking; and

             (b) By making payment to the airport operator of all airport charges or by posting with the airport operator a sufficient cash bond or other security acceptable to such operator, to be held in trust by the airport operator pending written agreement of the parties with respect to payment by the aircraft owner of the amount owing, or pending resolution of charges in a civil action in a court of competent jurisdiction. Upon written agreement or judicial resolution, the trust shall terminate and the airport operator shall receive so much of the bond or other security as is necessary to satisfy the agreement, or any judgment, costs, and interest as may be awarded to the airport operator. The balance shall be refunded immediately to the owner at the owner's last known address by registered mail, return receipt requested. The airport operator shall send to the owner by first class mail a notice that the balance of funds was forwarded to him or her by registered mail, return receipt requested.

             (4) If an aircraft parked or hangared at an airport is abandoned, the airport operator may authorize the public sale of the aircraft by authorized personnel to the highest and best bidder for cash as follows:

             (a) If an aircraft has been secured by the airport operator under subsection (1) of this section and is not released to the owner under the bonding provisions of this section within ((one hundred eighty)) ninety days after notifying or attempting to notify the owner under subsection (1) of this section, or in all other cases, for ((one hundred eighty)) ninety days after the airport operator secures the aircraft, the aircraft shall be conclusively presumed to have been abandoned by the owner;

             (b) Before the aircraft is sold, the owner of the aircraft shall be given at least twenty days' notice of sale by registered mail, return receipt requested, if the name and address of the owner are known, and the notice of sale shall be published at least once, more than ten but less than twenty days before the sale, in a newspaper of general circulation in the county in which the airport is located. The notice shall include the name of the aircraft, if any, its aircraft identification number, the last known owner and address, the time and place of sale, the amount of airport charges that will be owing at the time of sale, a reasonable description of the aircraft to be sold and a statement that the airport operator may bid all or part of its airport charges at the sale and may become a purchaser at the sale;

             (c) Before the aircraft is sold, any person seeking to redeem an impounded aircraft under this section may commence a lawsuit in the superior court of the county in which the aircraft was impounded, to contest the validity of the impoundment or the amount of airport charges owing. Such lawsuit must be commenced within ten days of the date the notification was provided under subsection (1) of this section, or the right to a hearing is waived and the owner is liable for any airport charges owing the airport operator. In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs;

             (d) The proceeds of a sale under this section shall first be applied to payment of airport charges owed. The balance, if any, shall be deposited with the department of revenue to be held in trust for the owner or owners and lienholders for a period of one year. If more than one owner appears on the aircraft title, and/or if any liens appear on the title, the department must, if a claim is made, interplead the balance into a court of competent jurisdiction for distribution. The department may release the balance to the legal owner provided that the claim is made within one year of sale and only one legal owner and no lienholders appear on the title. If no valid claim is made within one year of the date of sale, the excess funds from the sale shall be deposited in the aircraft search and rescue, safety, and education account created in RCW 47.68.236. If the sale is for a sum less than the applicable airport charges, the airport operator is entitled to assert a claim against the aircraft owner or owners for the deficiency;

             (e) In the event that no one purchases the aircraft at a sale, or that the aircraft is not removed from the premises or other arrangements are not made within ten days of the sale, title to the aircraft shall revert to the airport operator.

             (5) The regulations authorized under this section shall be enforceable only if:

             (a) The airport operator has had its tariff and/or regulations, including any and all regulations authorizing the impoundment of an aircraft that is the subject of delinquent airport charges, conspicuously posted at the airport manager's office at all times.

             (b) All impounding remedies available to the airport operator are included in any written contract for airport charges between an airport operator and an aircraft owner; and

             (((6))) (c) All rules and regulations authorized under this section are adopted either pursuant to chapter 34.05 RCW, or by resolution of the appropriate legislative authority, as applicable.


             Sec. 2. RCW 47.68.250 and 1998 c 188 s 1 are each amended to read as follows:

             Every aircraft shall be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of ((four)) eight dollars shall be charged for each such registration and each annual renewal thereof.

             Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section shall be the only requisites for registration of an aircraft under this section.

             The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefor. The secretary shall pay to the state treasurer the registration fees collected under this section, which registration fees shall be credited to the aeronautics account in the transportation fund.

             It shall not be necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.

             The provisions of this section shall not apply to:

             (1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;

             (2) An aircraft registered under the laws of a foreign country;

             (3) An aircraft which is owned by a nonresident and registered in another state: PROVIDED, That if said aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt under this section;

             (4) An aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;

             (5) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;

             (6) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW;

             (7) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary.

             The secretary shall be notified within one week of any change in ownership of a registered aircraft. The notification shall contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner.

             A municipality or port district that owns, operates, or leases an airport, as defined in RCW 47.68.020, with the intent to operate, shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of leasing or selling tiedown or hangar space for an aircraft. The airport shall inform the lessee or purchaser of the tiedown or hangar space of the state law requiring registration and direct the person to comply with the state law if the person has not already done so. The airport may lease or sell tiedown or hangar space to owners of nonregistered aircraft after presenting them with the appropriate state registration forms. It is then the responsibility of the lessee or purchaser to register the aircraft. The airport shall report to the department's aviation division at the end of each month, the names, addresses, and "N" numbers of those aircraft owners not yet registered.


             Sec. 3. RCW 82.48.100 and 1965 ex.s. c 173 s 28 are each amended to read as follows:

             This chapter shall not apply to:

             Aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which are not engaged in carrying persons or property for commercial purposes;

             Aircraft registered under the laws of a foreign country;

             Aircraft which are owned by a nonresident and registered in another state: PROVIDED, That if any such aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt under this section;

             Aircraft engaged principally in commercial flying which constitutes interstate or foreign commerce; and aircraft owned by the manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;

             Aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW;

             Aircraft owned by a nonresident of this state if the aircraft is kept at an airport in this state and that airport is jointly owned or operated by a municipal corporation or other governmental entity of this state and a municipal corporation or other governmental entity of another state, and the owner or operator of the aircraft provides the department with proof that the owner or operator has paid all taxes, license fees, and registration fees required by the state in which the owner or operator resides."


             On page 1, line 2 of the title, after "charges;" strike the remainder of the title and insert "and amending RCW 14.08.122, 47.68.250, and 82.48.100."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Engrossed Substitute House Bill No. 1562 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2078 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


"PART I

TITLE 75

Amendments


             Sec. 1. RCW 75.08.012 and 1983 1st ex.s. c 46 s 5 are each amended to read as follows:

             Wildlife, fish, and shellfish are the property of the state. The commission, director, and the department shall preserve, protect, perpetuate and manage the ((food)) fish and shellfish in state waters and offshore waters.

             The department shall conserve the ((food)) fish and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

             The commission may authorize the taking of wildlife, fish, and shellfish only at times or places, or in manners or quantities as in the judgment of the commission maximizes public recreational opportunities without impairing the supply of these resources. The commission shall attempt to maximize the public recreational fishing and hunting opportunities of all citizens, including juvenile, handicapped, and senior citizens.

             Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.


             Sec. 2. RCW 75.08.020 and 1988 c 36 s 31 are each amended to read as follows:

             (1) The director shall investigate the habits, supply, and economic use of food fish and shellfish in state and offshore waters.

             (2) The director shall make an annual report to the governor on the operation of the department and the statistics of the fishing industry.

             (3) Subject to RCW 40.07.040, the director shall provide a comprehensive biennial report of all departmental operations to the chairs of the committees on natural resources ((and ways and means)) of the senate and house of representatives, the senate ways and means committee, and the house of representatives appropriations committee, including one copy to the staff of each of the committees, to reflect the previous fiscal period. The format of the report shall be similar to reports issued by the department from 1964-1970 and the report shall include, but not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing research, environmental controls, cooperative projects, intergovernmental agreements, and outlines of ongoing litigation, recent court decisions and orders on major issues with the potential for state liability. The report shall describe the status of the resource and its recreational, commercial, and tribal utilization. The report ((shall be given to the house and senate committees on ways and means and the house and senate committees on natural resources and)) shall be made available to the public.


             Sec. 3. RCW 75.08.045 and 1995 1st sp.s. c 2 s 24 are each amended to read as follows:

             The ((commission)) director may accept money or real property from persons under conditions requiring the use of the property or money for the protection, rehabilitation, preservation, or conservation of the state wildlife, food fish, and shellfish resources, or in settlement of claims for damages to wildlife, food fish, and shellfish resources. The ((commission)) director shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of these fisheries resources.


             Sec. 4. RCW 75.08.055 and 1995 1st sp.s. c 2 s 8 are each amended to read as follows:

             (1) The commission may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions.

             (2) The ((commission)) director and the department may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States.


             Sec. 5. RCW 75.08.080 and 1995 1st sp.s. c 2 s 11 are each amended to read as follows:

             (1) The commission may adopt, amend, or repeal rules as follows:

             (a) Specifying the times when the taking of wildlife, food fish, or shellfish is lawful or unlawful.

             (b) Specifying the areas and waters in which the taking and possession of wildlife, food fish, or shellfish is lawful or unlawful.

             (c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, food fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

             (d) Regulating the possession, disposal, landing, and sale of wildlife, food fish, or shellfish within the state, whether acquired within or without the state.

             (e) Regulating the prevention and suppression of diseases and pests affecting wildlife, food fish, or shellfish.

             (f) Regulating the size, sex, species, and quantities of wildlife, food fish, or shellfish that may be taken, possessed, sold, or disposed of.

             (g) Specifying the statistical and biological reports required from fishermen, dealers, boathouses, or processors of wildlife, food fish, or shellfish.

             (h) Classifying species of marine and freshwater life as wildlife, food fish, or shellfish.

             (i) Classifying the species of wildlife, food fish, and shellfish that may be used for purposes other than human consumption.

             (j) Other rules necessary to carry out this title and the purposes and duties of the department.

             (2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

             "Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild.

             (3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.


             Sec. 6. RCW 75.08.206 and 1983 1st ex.s. c 46 s 20 are each amended to read as follows:

             The director shall provide compensation insurance for fisheries patrol officers, insuring these employees against injury or death in the performance of enforcement duties not covered under the workers' compensation act of the state. The beneficiaries and the compensation and benefits under the compensation insurance shall be the same as provided in chapter 51.32 RCW, and the compensation insurance also shall provide for medical aid and hospitalization to the extent and amount as provided in RCW 51.36.010 and 51.36.020.

             The recodification of this section into Title 77 RCW does not make any current or former employees eligible for compensation or benefits under this section who were not otherwise eligible under this section before the recodification.


             Sec. 7. RCW 75.08.208 and 1983 1st ex.s. c 46 s 22 are each amended to read as follows:

             The director shall relieve from active duty fisheries patrol officers who are injured in the performance of their official duties to such an extent as to be incapable of active service. While relieved from active duty, the employees shall receive one-half of their salary less any compensation received through the provisions of RCW 41.40.200, 41.40.220, and 75.08.206.

             The recodification of this section into Title 77 RCW does not make any current or former employees eligible for compensation or benefits under this section who were not otherwise eligible under this section before the recodification.


             Sec. 8. RCW 75.08.230 and 1996 c 267 s 3 are each amended to read as follows:

             (1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:

             (a) The sale of licenses required under this title;

             (b) The sale of property seized or confiscated under this title;

             (c) Fines and forfeitures collected under this title;

             (d) The sale of real or personal property held for department purposes;

             (e) Rentals or concessions of the department;

             (f) Moneys received for damages to food fish, shellfish or department property; and

             (g) Gifts.

             (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

             (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW.

             (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

             (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 75.50.100 (as recodified by this act).

             (6) Moneys received by the commission under RCW 75.08.045 (as recodified by this act), to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

             (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.


             Sec. 9. RCW 75.08.245 and 1988 c 115 s 1 are each amended to read as follows:

             The department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon. The department shall not intentionally create a surplus of salmon to provide eggs for sale. The department shall only sell salmon eggs from stocks that are not suitable for salmon population rehabilitation or enhancement in state waters in Washington. All sales or transfers shall be consistent with the department's egg transfer and aquaculture disease control regulations as now existing or hereafter amended. Prior to department determination that eggs of a salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is suitable for receiving eggs.

             ((The salmon enhancement advisory council, created in RCW 75.48.120, shall consider egg sales at each meeting.))


             Sec. 10. RCW 75.10.150 and 1996 c 267 s 14 are each amended to read as follows:

             Since violation of the rules of the department relating to the accounting of the commercial harvest of food fish and shellfish result in damage to the resources of the state, liability for damage to food fish and shellfish resources is imposed on a wholesale fish dealer for violation of a provision in chapter 75.28 RCW (as recodified by this act) or a rule of the department related to the accounting of the commercial harvest of food fish and shellfish and shall be for the actual damages or for damages imposed as follows:

             (1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first fifteen documents in a series and ten dollars for each subsequent document in the same series. If documents relating to the accounting of commercial harvest of food fish and shellfish are lost or destroyed and the wholesale dealer notifies the department in writing within seven days of the loss or destruction, the director shall waive the requirement for timely presentation of the documents.

             (2) For violation of rules requiring accurate and legible information relating to species, value, harvest area, or amount of harvest, twenty-five dollars for each of the first five violations of this subsection following July 28, 1985, and fifty dollars for each violation after the first five violations.

             (3) For violations of rules requiring certain signatures, fifty dollars for each of the first two violations and one hundred dollars for each subsequent violation. For the purposes of this subsection, each signature is a separate requirement.

             (4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate violation.


             Sec. 11. RCW 75.12.230 and 1998 c 190 s 81 are each amended to read as follows:

             Within the waters described in RCW 75.12.210 (as recodified by this act), a person shall not transport or possess salmon on board a vessel carrying fishing gear of a type other than troll lines or angling gear, unless accompanied by a certificate issued by a state or country showing that the salmon have been lawfully taken within the territorial waters of the state or country.


             Sec. 12. RCW 75.20.061 and 1983 1st ex.s. c 46 s 73 are each amended to read as follows:

             If the director determines that a fishway or fish guard described in RCW 75.20.040 and 75.20.060 (as recodified by this act) and in existence on September 1, 1963, is inadequate, in addition to other authority granted in this chapter, the director may remove, relocate, reconstruct, or modify the device, without cost to the owner. The director shall not materially modify the amount of flow of water through the device. After the department has completed the improvements, the fishways and fish guards shall be operated and maintained at the expense of the owner in accordance with RCW 75.20.040 and 75.20.060 (as recodified by this act).


             Sec. 13. RCW 75.20.098 and 1997 c 424 s 6 are each amended to read as follows:

             When reviewing a mitigation plan under RCW 75.20.100 or 75.20.103 (as recodified by this act), the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.


             Sec. 14. RCW 75.20.100 and 1998 c 190 s 87 are each amended to read as follows:

             (1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld.

             (2)(a) Except as provided in RCW 75.20.1001 (as recodified by this act), the department shall grant or deny approval of a standard permit within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section.

             (b) The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life.

             (c) The forty-five day requirement shall be suspended if:

             (i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;

             (ii) The site is physically inaccessible for inspection; or

             (iii) The applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.

             (d) For purposes of this section, "standard permit" means a written permit issued by the department when the conditions under subsections (3) and (5)(b) of this section are not met.

             (3)(a) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources. Expedited permit requests require a complete written application as provided in subsection (2)(b) of this section and shall be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance.

             (b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.

             (c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.

             (d) The department or the county legislative authority may determine if an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists.

             (4) Approval of a standard permit is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent.

             (5)(a) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately, upon request, oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval to protect fish life shall be established by the department and reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately, upon request, for a stream crossing during an emergency situation.

             (b) For purposes of this section and RCW 75.20.103 (as recodified by this act), "emergency" means an immediate threat to life, the public, property, or of environmental degradation.

             (c) The department or the county legislative authority may declare and continue an emergency when one or more of the criteria under (b) of this subsection are met. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection.

             (6) The department shall, at the request of a county, develop five-year maintenance approval agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.

             (7) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103 (as recodified by this act).

             A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2), shall serve as a hydraulic project approval for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.

             (8) For the purposes of this section and RCW 75.20.103 (as recodified by this act), "bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

             (9) The phrase "to construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.


             Sec. 15. RCW 75.20.1001 and 1993 sp.s. c 2 s 31 are each amended to read as follows:

             The department shall process hydraulic project applications submitted under RCW 75.20.100 or 75.20.103 (as recodified by this act) within thirty days of receipt of the application. This requirement is only applicable for the repair and reconstruction of legally constructed dikes, seawalls, and other flood control structures damaged as a result of flooding or windstorms that occurred in November and December 1990.


             Sec. 16. RCW 75.20.104 and 1993 sp.s. c 2 s 33 are each amended to read as follows:

             Whenever the placement of woody debris is required as a condition of a hydraulic permit approval issued pursuant to RCW 75.20.100 or 75.20.103 (as recodified by this act), the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.


             Sec. 17. RCW 75.20.1041 and 1993 sp.s. c 2 s 34 are each amended to read as follows:

             The department and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to RCW 75.20.100 and 75.20.103 (as recodified by this act) are met.


             Sec. 18. RCW 75.20.106 and 1993 sp.s. c 2 s 35 are each amended to read as follows:

             The department may levy civil penalties of up to one hundred dollars per day for violation of any provisions of RCW 75.20.100 or 75.20.103 (as recodified by this act). The penalty provided shall be imposed by notice in writing, either by certified mail or personal service to the person incurring the penalty, from the director or the director's designee describing the violation. Any person incurring any penalty under this chapter may appeal the same under chapter 34.05 RCW to the director. Appeals shall be filed within thirty days of receipt of notice imposing any penalty. The penalty imposed shall become due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.

             If the amount of any penalty is not paid within thirty days after it becomes due and payable the attorney general, upon the request of the director shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action. All penalties recovered under this section shall be paid into the state's general fund.


             Sec. 19. RCW 75.20.130 and 1996 c 276 s 2 are each amended to read as follows:

             (1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.

             (2) The hydraulic appeals board shall consist of three members: The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department whose action is appealed under subsection (6) of this section. A decision must be agreed to by at least two members of the board to be final.

             (3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.

             (4) The board shall make findings of fact and prepare a written decision in each case decided by it, and that finding and decision shall be effective upon being signed by two or more board members and upon being filed at the hydraulic appeals board's principal office, and shall be open to public inspection at all reasonable times.

             (5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by the department: (a) Under the authority granted in RCW 75.20.103 (as recodified by this act) for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020; or (b) under the authority granted in RCW 75.20.190 (as recodified by this act) for off-site mitigation proposals.

             (6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic approval pursuant to RCW 75.20.103 (as recodified by this act) may seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of such approval.

             (b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.


             Sec. 20. RCW 75.20.320 and 1995 c 328 s 1 are each amended to read as follows:

             The department may not require mitigation for adverse impacts on fish life or habitat that occurred at the time a wetland was filled, if the wetland was filled under the provisions of RCW 75.20.300 (as recodified by this act).


             Sec. 21. RCW 75.24.060 and 1998 c 245 s 152 are each amended to read as follows:

             It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the director shall take into consideration this policy. It is also the policy of the state to maintain the oyster reserves to furnish shellfish to growers and processors and to stock public beaches.

             Shellfish may be harvested from state oyster reserves for personal use as prescribed by rule of the director.

             The ((department)) director shall periodically inventory the state oyster reserves and assign the reserve lands into management categories:

             (1) Native Olympia oyster broodstock reserves;

             (2) Commercial shellfish harvesting zones;

             (3) Commercial shellfish propagation zones designated for long-term leasing to private aquaculturists;

             (4) Public recreational shellfish harvesting zones;

             (5) Unproductive land.

             The ((department)) director shall manage each category of oyster reserve land to maximize the sustained yield production of shellfish consistent with the purpose for establishment of each management category.

             The ((department)) commission shall develop an oyster reserve management plan, to include recommendations for leasing reserve lands, in coordination with the shellfish industry, by January 1, 1986.

             The director shall protect, reseed, improve the habitat of, and replant state oyster reserves ((and)). The director shall also issue cultch permits and oyster reserve fishery licenses.


             Sec. 22. RCW 75.24.065 and 1993 sp.s. c 2 s 40 are each amended to read as follows:

             The legislature finds that current environmental and economic conditions warrant a renewal of the state's historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state's native oyster, the Olympia oyster. The ((department)) director shall reestablish dike cultivated production of Olympia oysters on such reserves on a trial basis as a tool for planning more comprehensive cultivation by the state.


             Sec. 23. RCW 75.24.070 and 1983 1st ex.s. c 46 s 82 are each amended to read as follows:

             The director shall determine the time, place, and method of sale of oysters and other shellfish from state oyster reserves. Any person who commercially takes shellfish from state oyster reserves must possess an oyster reserve fishery license issued by the director pursuant to RCW 75.28.290 (as recodified by this act). Any person engaged in the commercial cultching of oysters on state oyster reserves must possess an oyster cultch permit issued by the director pursuant to RCW 75.28.295 (as recodified by this act).

             To maintain local communities and industries and to restrain the formation of monopolies in the industry, the director shall determine the number of bushels which shall be sold to a person. When the shellfish are sold at public auction, the director may reject any and all bids.


             Sec. 24. RCW 75.24.100 and 1998 c 190 s 91 are each amended to read as follows:

             (1) The ((department)) director may not authorize a person to take geoduck clams for commercial purposes outside the harvest area designated in a current department of natural resources geoduck harvesting agreement issued under RCW 79.96.080. The ((department)) director may not authorize commercial harvest of geoduck clams from bottoms that are shallower than eighteen feet below mean lower low water (0.0. ft.), or that lie in an area bounded by the line of ordinary high tide (mean high tide) and a line two hundred yards seaward from and parallel to the line of ordinary high tide. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

             (2) Commercial geoduck harvesting shall be done with a hand-held, manually operated water jet or suction device guided and controlled from under water by a diver. Periodically, the ((commission)) director shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit. The ((commission)) director may require modification of the gear or stop its use if it is being operated in a wasteful or destructive manner or if its operation may cause permanent damage to the bottom or adjacent shellfish populations.


             Sec. 25. RCW 75.24.130 and 1995 1st sp.s. c 2 s 30 are each amended to read as follows:

             The commission may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The ((commission)) director shall conserve, protect, and develop these reserves and the oyster, shrimp, clam, and mussel beds on state lands.


             Sec. 26. RCW 75.25.092 and 1998 c 191 s 2 are each amended to read as follows:

             (1) A personal use shellfish and seaweed license is required for all persons other than residents or nonresidents under fifteen years of age to fish for, take, dig for, or possess seaweed or shellfish for personal use from state waters or offshore waters including national park beaches.

             (2) The fees for annual personal use shellfish and seaweed licenses are:

             (a) For a resident fifteen years of age or older, seven dollars;

             (b) For a nonresident fifteen years of age or older, twenty dollars; and

             (c) For a senior, five dollars.

             (3) The personal use shellfish and seaweed license shall be visible on the licensee while harvesting shellfish or seaweed.


             Sec. 27. RCW 75.28.011 and 1997 c 418 s 1 are each amended to read as follows:

             (1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person.

             (2) The following restrictions apply to transfers of commercial fishery licenses, salmon delivery licenses, and salmon charter licenses that are transferable between license holders:

             (a) The license holder shall surrender the previously issued license to the department.

             (b) The department shall complete no more than one transfer of the license in any seven-day period.

             (c) The fee to transfer a license from one license holder to another is:

             (i) The same as the resident license renewal fee if the license is not limited under chapter 75.30 RCW (as recodified by this act);

             (ii) Three and one-half times the resident renewal fee if the license is not a commercial salmon license and the license is limited under chapter 75.30 RCW (as recodified by this act);

             (iii) Fifty dollars if the license is a commercial salmon license and is limited under chapter 75.30 RCW (as recodified by this act);

             (iv) Five hundred dollars if the license is a Dungeness crab-coastal fishery license; or

             (v) If a license is transferred from a resident to a nonresident, an additional fee is assessed that is equal to the difference between the resident and nonresident license fees at the time of transfer, to be paid by the transferee.

             (3) A commercial license that is transferable under this title survives the death of the holder. Though such licenses are not personal property, they shall be treated as analogous to personal property for purposes of inheritance and intestacy. Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from claims of creditors of the estate and tax liens. The surviving spouse, estate, or beneficiary of the estate may apply for a renewal of the license. There is no fee for transfer of a license from a license holder to the license holder's surviving spouse or estate, or to a beneficiary of the estate.


             Sec. 28. RCW 75.28.020 and 1994 c 244 s 1 are each amended to read as follows:

             (1) Except as otherwise provided in this title, a person ((as defined in RCW 75.08.011)) may hold a commercial license established by this chapter.

             (2) Except as otherwise provided in this title, an individual may hold a commercial license only if the individual is sixteen years of age or older and a bona fide resident of the United States.

             (3) A corporation may hold a commercial license only if it is authorized to do business in this state.

             (4) No person may hold a limited-entry license unless the person meets the qualifications that this title establishes for the license.

             (5) The residency requirements in subsection (2) of this section do not apply to holders of nonsalmon delivery licenses.


             Sec. 29. RCW 75.28.034 and 1995 c 227 s 1 are each amended to read as follows:

             If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the ((department)) director shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return of the license.


             Sec. 30. RCW 75.28.042 and 1997 c 58 s 882 are each amended to read as follows:

             (1) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order.

             (2) A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(((7))) (8) shall be prima facie evidence that the individual is in noncompliance with a support order or residential or visitation order. Presentation of a written release issued by the department of social and health services or a court stating that the person is in compliance with an order shall serve as proof of compliance.


             Sec. 31. RCW 75.28.046 and 1998 c 267 s 2 are each amended to read as follows:

             This section applies to all commercial fishery licenses and delivery licenses, except for whiting--Puget Sound fishery licenses and emergency salmon delivery licenses.

             (1) The license holder may engage in the activity authorized by a license subject to this section. With the exception of Dungeness crab--coastal fishery class B licensees licensed under RCW 75.30.350(4) (as recodified by this act), the holder of a license subject to this section may also designate up to two alternate operators for the license. Dungeness crab--coastal fishery class B licensees may not designate alternate operators. A person designated as an alternate operator must possess an alternate operator license issued under RCW 75.28.048 (as recodified by this act).

             (2) The fee to change the alternate operator designation is twenty-two dollars.


             Sec. 32. RCW 75.28.047 and 1998 c 267 s 3 are each amended to read as follows:

             (1) Only the license holder and any alternate operators designated on the license may sell or deliver food fish or shellfish under a commercial fishery license or delivery license. A commercial fishery license or delivery license authorizes no taking or delivery of food fish or shellfish unless the license holder or an alternate operator designated on the license is present or aboard the vessel.

             (2) Notwithstanding RCW 75.28.010(1)(c) (as recodified by this act), an alternate operator license is not required for an individual to operate a vessel as a charter boat.


             Sec. 33. RCW 75.28.048 and 1998 c 267 s 4 are each amended to read as follows:

             (1) A person who holds a commercial fishery license or a delivery license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if:

             (a) The person holds an alternate operator license issued by the director; and

             (b) The person is designated as an alternate operator on the underlying commercial fishery license or delivery license under RCW 75.28.046 (as recodified by this act).

             (2) Only an individual at least sixteen years of age may hold an alternate operator license.

             (3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses or delivery licenses under RCW 75.28.046 (as recodified by this act).

             (4) An individual who holds two Dungeness crab--Puget Sound fishery licenses may operate the licenses on one vessel if the vessel owner or alternate operator is on the vessel. The department shall allow a license holder to operate up to one hundred crab pots for each license.

             (5) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.


             Sec. 34. RCW 75.28.055 and 1997 c 421 s 1 are each amended to read as follows:

             The ((fish and wildlife commission)) director may, by rule, increase the number of alternate operators beyond the level authorized by RCW 75.28.030 and 75.28.046 (as recodified by this act) for a commercial fishery license, delivery license, or charter license.


             Sec. 35. RCW 75.28.095 and 1998 c 190 s 95 are each amended to read as follows:

             (1) The director shall issue the charter licenses and angler permits listed in this section according to the requirements of this title. The licenses and permits and their annual fees and surcharges are:

 

License or Permit

Annual Fee

 (RCW 75.50.100 Surcharge)

Governing Section

Resident

Nonresident

(a) Nonsalmon charter

$225

$375

 

(b) Salmon charter

$380


(plus $100)

$685

RCW 75.30.05

                    (as recodified by this act)

(plus $100)

 

(c) Salmon angler

$ 0

$ 0

RCW 75.30.070

                    (as recodified by this act)

(d) Salmon roe

$ 95

$ 95

RCW 75.28.690

                    (as recodified by this act)


 

 

             (2) A salmon charter license designating a vessel is required to operate a charter boat to take salmon, other food fish, and shellfish. The director may issue a salmon charter license only to a person who meets the qualifications of RCW 75.30.065 (as recodified by this act).

             (3) A nonsalmon charter license designating a vessel is required to operate a charter boat to take food fish other than salmon and shellfish. As used in this subsection, "food fish" does not include salmon.

             (4) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use, and that brings food fish or shellfish into state ports or brings food fish or shellfish taken from state waters into United States ports. The director may specify by rule when a vessel is a "charter boat" within this definition. "Charter boat" does not mean a vessel used by a guide for clients fishing for food fish for personal use in freshwater rivers, streams, and lakes, other than Lake Washington or that part of the Columbia River below the bridge at Longview.

             (5) A charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

             (6) A salmon charter license under subsection (1)(b) of this section may be renewed if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge, in order to be considered a valid renewal and eligible to renew the license the following year.


             Sec. 36. RCW 75.28.110 and 1997 c 76 s 1 are each amended to read as follows:

             (1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters. Only a person who meets the qualifications of RCW 75.30.120 (as recodified by this act) may hold a license listed in this subsection. The licenses and their annual fees and surcharges under RCW 75.50.100 (as recodified by this act) are:

 

Fishery

License

Resident

Fee

Nonresident

Fee

Surcharge

(a) Salmon Gill Net--Grays

                                                                           Harbor-Columbia river

$380

$685

plus $100

(b) Salmon Gill Net--Puget

                                                                           Sound

$380

$685

plus $100

(c) Salmon Gill Net--Willapa Bay-                                                                        Columbia river

$380

$685

plus $100

(d) Salmon purse seine

$530

$985

plus $100

(e) Salmon reef net

$380

$685

plus $100

(f) Salmon troll

$380

$685

plus $100

 

             (2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 75.28.045 (as recodified by this act).

             (3) Holders of commercial salmon fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the department.

             (4) A salmon troll license includes a salmon delivery license.

             (5) A salmon gill net license authorizes the taking of salmon only in the geographical area for which the license is issued. The geographical designations in subsection (1) of this section have the following meanings:

             (a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island.

             (b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty.

             (c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection.

             (6) A commercial salmon troll fishery license may be renewed under this section if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. A commercial salmon gill net, reef net, or seine fishery license may be renewed under this section if the license holder notifies the department by August 1st of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge, in order to be considered a valid renewal and eligible to renew the license the following year.


             Sec. 37. RCW 75.28.113 and 1998 c 190 s 96 are each amended to read as follows:

             (1) A salmon delivery license is required to deliver salmon taken in offshore waters to a place or port in the state. The annual fee for a salmon delivery license is three hundred eighty dollars for residents and six hundred eighty-five dollars for nonresidents. The annual surcharge under RCW 75.50.100 (as recodified by this act) is one hundred dollars for each license. Holders of nonlimited entry delivery licenses issued under RCW 75.28.125 (as recodified by this act) may apply the nonlimited entry delivery license fee against the salmon delivery license fee.

             (2) Only a person who meets the qualifications established in RCW 75.30.120 (as recodified by this act) may hold a salmon delivery license issued under this section.

             (3) A salmon delivery license authorizes no taking of salmon or other food fish or shellfish from the waters of the state.

             (4) If the director determines that the operation of a vessel under a salmon delivery license results in the depletion or destruction of the state's salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the license under the procedures of chapter 34.05 RCW.


             Sec. 38. RCW 75.28.116 and 1993 sp.s. c 17 s 37 are each amended to read as follows:

             A person who does not qualify for a license under RCW 75.30.120 (as recodified by this act) shall obtain a nontransferable emergency salmon delivery license to make one delivery of salmon taken in offshore waters. The director shall not issue an emergency salmon delivery license unless, as determined by the director, a bona fide emergency exists. The license fee is two hundred twenty-five dollars for residents and four hundred seventy-five dollars for nonresidents. An applicant for an emergency salmon delivery license shall designate no more than one vessel that will be used with the license. Alternate operator licenses are not required of persons delivering salmon under an emergency salmon delivery license. Emergency salmon delivery licenses are not renewable.


             Sec. 39. RCW 75.28.120 and 1993 sp.s. c 17 s 38 are each amended to read as follows:

             (1) This section establishes commercial fishery licenses required for food fish fisheries and the annual fees for those licenses. As used in this section, "food fish" does not include salmon. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

 

Fishery

(Governing section(s))

Annual Fee


Vessel

Required?


Limited

Entry?

Resident

Nonresident

(a) Baitfish Lampara

$185

$295

Yes

No

(b) Baitfish purse seine

$530

$985

Yes

No

(c) Bottom fish jig

$130

$185

Yes

No

(d) Bottom fish pot

$130

$185

Yes

No

(e) Bottom fish troll

$130

$185

Yes

No

(f) Carp

$130

$185

No

No

(g) Columbia river smelt

$380

$685

No

No

(h) Dog fish set net

$130

$185

Yes

No

(i) Emerging commercial

         fishery (RCW 75.30.220

         and 75.28.740 (as recodified

         by this act))

$185

$295

Determined

by rule

Determined

by rule

(j) Food fish drag seine

$130

$185

Yes

No

(k) Food fish set line

$130

$185

Yes

No

(l) Food fish trawl-Non-Puget Sound

$240

$405

Yes

No

(m) Food fish trawl-Puget Sound

$185

$295

Yes

No

(n) Herring dip bag net (RCW 75.30.140                                               (as recodified by this act))

$175

$275

Yes

Yes

(o) Herring drag seine (RCW 75.30.140(as recodified by this act))

$175

$275

Yes

Yes

(p) Herring gill net (RCW 75.30.140

         (as recodified by this act))

$175

$275

Yes

Yes

(q) Herring Lampara (RCW 75.30.140                                               (as recodified by this act))

$175

$275

Yes

Yes

(r) Herring purse seine (RCW 75.30.140                                               (as recodified by this act))

$175

$275

Yes

Yes

(s) Herring spawn-on-kelp (RCW                                                     75.30.270 (as recodified by this act))

N/A

N/A

Yes

Yes

(t) Smelt dip bag net

$130

$185

No

No

(u) Smelt gill net

$380

$685

Yes

No

(v) Whiting-Puget Sound (RCW 75.30.170                                               (as recodified by this act))

$295

$520

Yes

Yes

 

             (2) The director may by rule determine the species of food fish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take food fish in that fishery.


             Sec. 40. RCW 75.28.125 and 1998 c 190 s 97 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, a person may not use a commercial fishing vessel to deliver food fish or shellfish taken in offshore waters to a port in the state without a nonlimited entry delivery license. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp or coastal crab. The annual license fee for a nonlimited entry delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents.

             (2) Holders of salmon troll fishery licenses issued under RCW 75.28.110 (as recodified by this act), salmon delivery licenses issued under RCW 75.28.113 (as recodified by this act), crab pot fishery licenses issued under RCW 75.28.130 (as recodified by this act), food fish trawl--Non-Puget Sound fishery licenses issued under RCW 75.28.120 (as recodified by this act), Dungeness crab--coastal fishery licenses, ocean pink shrimp delivery licenses, and shrimp trawl--Non-Puget Sound fishery licenses issued under RCW 75.28.130 (as recodified by this act) may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license.

             (3) A nonlimited entry delivery license authorizes no taking of food fish or shellfish from state waters.


             Sec. 41. RCW 75.28.130 and 1994 c 260 s 14 are each amended to read as follows:

             (1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

Fishery

(Governing section(s))

Annual Fee

Vessel

Required?

Limited

Entry?

Resident

Nonresident

(a) Burrowing shrimp

$185

$295

Yes

No

(b) Crab ring net-Non-Puget Sound

$130

$185

Yes

No

(c) Crab ring net-Puget Sound

$130

$185

Yes

No

(d) Dungeness crab-coastal

                  (RCW 75.30.350

                  (as recodified by this act))

$295

$520

Yes

Yes

(e) Dungeness crab-coastal, class B

(RCW 75.30.350

                  (as recodified by this act))

$295

$520

Yes

Yes

(f) Dungeness crab-Puget Sound

                  (RCW 75.30.130

                  (as recodified by this act))

$130

$185

Yes

Yes

(g) Emerging commercial fishery (RCW 75.30.220 and 75.28.740

                  (as recodified by this act))

$185

$295

Determined by rule

Determined by rule

(h) Geoduck (RCW 75.30.280

                  (as recodified by this act))

$ 0

$ 0

Yes

Yes

(i) Hardshell clam mechanical harvester

                  (RCW 75.28.280 (as

                  recodified by this act))

$530

$985

Yes

No

(j) Oyster reserve (RCW 75.28.290

                  (a s recodified by this act))

$130

$185

No

No

(k) Razor clam

$130

$185

No

No

(l) Sea cucumber dive (RCW 75.30.250

                  (as recodified by this act))

$130

$185

Yes

Yes

(m) Sea urchin dive (RCW 75.30.210

                  (as recodified by this act))

$130

$185

Yes

Yes

(n) Shellfish dive

$130

$185

Yes

No

(o) Shellfish pot

$130

$185

Yes

No

(p) Shrimp pot-Hood Canal

$325

$575

Yes

No

(q) Shrimp trawl-Non-Puget Sound

$240

$405

Yes

No

(r) Shrimp trawl-Puget Sound

$185

$295

Yes

No

(s) Squid

$185

$295

Yes

No

 

             (2) The director may by rule determine the species of shellfish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take shellfish in that fishery.


             Sec. 42. RCW 75.28.132 and 1994 c 260 s 15 are each amended to read as follows:

             A surcharge of fifty dollars shall be collected with each Dungeness crab-coastal fishery license issued under RCW 75.28.130 (as recodified by this act) until June 30, 2000, and with each Dungeness crab-coastal class B fishery license issued under RCW 75.28.130 (as recodified by this act) until December 31, 1997. Moneys collected under this section shall be placed in the Dungeness crab appeals account hereby created in the state treasury. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used for processing appeals related to the issuance of Dungeness crab-coastal fishery licenses.


             Sec. 43. RCW 75.28.133 and 1997 c 418 s 5 are each amended to read as follows:

             A surcharge of one hundred twenty dollars shall be collected with each Dungeness crab-coastal fishery license and with each Dungeness crab-coastal class B fishery license issued under RCW 75.28.130 (as recodified by this act). Moneys collected under this section shall be placed in the coastal crab account created under RCW 75.30.390 (as recodified by this act).


             Sec. 44. RCW 75.28.280 and 1993 c 340 s 19 are each amended to read as follows:

             A hardshell clam mechanical harvester fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, unless the requirements of RCW 75.20.100 (as recodified by this act) are fulfilled for the proposed activity.


             Sec. 45. RCW 75.28.290 and 1993 c 340 s 20 are each amended to read as follows:

             A person who commercially takes shellfish from state oyster reserves under RCW 75.24.070 (as recodified by this act) must have an oyster reserve fishery license.


             Sec. 46. RCW 75.28.300 and 1993 sp.s. c 17 s 43 are each amended to read as follows:

             A wholesale fish dealer's license is required for:

             (1) A business in the state to engage in the commercial processing of food fish or shellfish, including custom canning or processing of personal use food fish or shellfish.

             (2) A business in the state to engage in the wholesale selling, buying, or brokering of food fish or shellfish. A wholesale fish dealer's license is not required of those businesses which buy exclusively from Washington licensed wholesale dealers and sell solely at retail.

             (3) Fishermen who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state.

             (4) A business to engage in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish.

             (5) A business employing a fish buyer as defined under RCW 75.28.340 (as recodified by this act).

             The annual license fee for a wholesale dealer is two hundred fifty dollars. A wholesale fish dealer's license is not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.


             Sec. 47. RCW 75.28.323 and 1996 c 267 s 30 are each amended to read as follows:

             (1) A wholesale fish dealer shall not take possession of food fish or shellfish until the dealer has deposited with the department an acceptable performance bond on forms prescribed and furnished by the department. This performance bond shall be a corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under chapter 48.28 RCW and approved by the department. The bond shall be filed and maintained in an amount equal to one thousand dollars for each buyer engaged by the wholesale dealer. In no case shall the bond be less than two thousand dollars nor more than fifty thousand dollars.

             (2) A wholesale dealer shall, within seven days of engaging additional fish buyers, notify the department and increase the amount of the bonding required in subsection (1) of this section.

             (3) The director may suspend and refuse to reissue a wholesale fish dealer's license of a dealer who has taken possession of food fish or shellfish without an acceptable performance bond on deposit with the department.

             (4) The bond shall be conditioned upon the compliance with the requirements of this chapter and rules of the department relating to the payment of fines for violations of rules for the accounting of the commercial harvest of food fish or shellfish. In lieu of the surety bond required by this section the wholesale fish dealer may file with the department a cash deposit, negotiable securities acceptable to the department, or an assignment of a savings account or of a savings certificate in a Washington bank on an assignment form prescribed by the department.

             (5) Liability under the bond shall be maintained as long as the wholesale fish dealer engages in activities under RCW 75.28.300 (as recodified by this act) unless released. Liability under the bond may be released only upon written notification from the department. Notification shall be given upon acceptance by the department of a substitute bond or forty-five days after the expiration of the wholesale fish dealer's annual license. In no event shall the liability of the surety exceed the amount of the surety bond required under this chapter.


             Sec. 48. RCW 75.28.340 and 1993 sp.s. c 17 s 46 are each amended to read as follows:

             (1) A fish buyer's license is required of and shall be carried by each individual engaged by a wholesale fish dealer to purchase food fish or shellfish from a licensed commercial fisherman. A fish buyer may represent only one wholesale fish dealer.

             (2) ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The annual fee for a fish buyer's license is ninety-five dollars.


             Sec. 49. RCW 75.28.730 and 1993 c 376 s 4 are each amended to read as follows:

             An ocean pink shrimp delivery license is required to deliver ocean pink shrimp taken in offshore waters and delivered to a port in the state. ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The annual license fee is one hundred fifty dollars for residents and three hundred dollars for nonresidents. Ocean pink shrimp delivery licenses are transferable.


             Sec. 50. RCW 75.28.740 and 1998 c 190 s 99 are each amended to read as follows:

             (1) The director may by rule designate a fishery as an emerging commercial fishery. The director shall include in the designation whether the fishery is one that requires a vessel.

             (2) "Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or shellfish, the commercial taking of a classified species with gear not previously used for that species, or the commercial taking of a classified species in an area from which that species has not previously been commercially taken. Any species of food fish or shellfish commercially harvested in Washington state as of June 7, 1990, may be designated as a species in an emerging commercial fishery, except that no fishery subject to a license limitation program in chapter 75.30 RCW (as recodified by this act) may be designated as an emerging commercial fishery.

             (3) A person shall not take food fish or shellfish in a fishery designated as an emerging commercial fishery without an emerging commercial fishery license and a permit from the director. The director shall issue two types of permits to accompany emerging commercial fishery licenses: Trial fishery permits and experimental fishery permits. Trial fishery permits are governed by subsection (4) of this section. Experimental fishery permits are governed by RCW 75.30.220 (as recodified by this act).

             (4) The director shall issue trial fishery permits for a fishery designated as an emerging commercial fishery unless the director determines there is a need to limit the number of participants under RCW 75.30.220 (as recodified by this act). A person who meets the qualifications of RCW 75.28.020 (as recodified by this act) may hold a trial fishery permit. The holder of a trial fishery permit shall comply with the terms of the permit. Trial fishery permits are not transferable from the permit holder to any other person.


             Sec. 51. RCW 75.28.760 and 1993 sp.s. c 4 s 2 are each amended to read as follows:

             By July 1, 1994, the ((departments of fisheries and wildlife)) commission jointly with the appropriate Indian tribes, shall each establish a wild salmonid policy. The policy shall ensure that department actions and programs are consistent with the goals of rebuilding wild stock populations to levels that permit commercial and recreational fishing opportunities.


             Sec. 52. RCW 75.28.770 and 1998 c 245 s 153 are each amended to read as follows:

             The ((department)) director shall evaluate and recommend, in consultation with the Indian tribes, salmon fishery management strategies and gear types, as well as a schedule for implementation, that will minimize the impact of commercial and recreational fishing in the mixed stock fishery on critical and depressed wild stocks of salmonids. As part of this evaluation, the ((department)) director, in conjunction with the commercial and recreational fishing industries, shall evaluate commercial and recreational salmon fishing gear types developed by these industries.


             Sec. 53. RCW 75.28.780 and 1993 sp.s. c 17 s 42 are each amended to read as follows:

             The director shall issue the personal licenses listed in this section according to the requirements of this title. The licenses and their annual fees are:

 

Personal License                        Annual Fee                           Governing

                           (RCW 75.50.100 (as recodified

                                      by this act) Surcharge)                      Section

 

                                         Resident     Nonresident

 

(1) Alternate Operator                                  $ 35       $ 35       RCW 75.28.048

(as recodified by this act)

(2) Geoduck Diver                $185               $295            RCW 75.28.750

(as recodified by this act)

(3) Salmon Guide                 $130               $630            RCW 75.28.710

(as recodified by this act)

                                        (plus $20)     (plus $100)


             Sec. 54. RCW 75.30.021 and 1995 c 227 s 2 are each amended to read as follows:

             (1) The ((department)) director shall waive license requirements, including landing or poundage requirements, if, during the calendar year that a license issued pursuant to chapter 75.28 RCW (as recodified by this act) is valid, no harvest opportunity occurs in the fishery corresponding to the license.

             (2) For each license limitation program, where the person failed to hold the license and failed to make landing or poundage requirements because of a license waiver by the ((department)) director during the previous year, the person shall qualify for a license by establishing that the person held the license during the last year in which the license was not waived.


             Sec. 55. RCW 75.30.050 and 1995 c 269 s 3101 are each amended to read as follows:

             (1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060 (as recodified by this act). Members shall be from:

             (a) The commercial crab fishing industry in cases involving Dungeness crab-Puget Sound fishery licenses;

             (b) The commercial herring fishery in cases involving herring fishery licenses;

             (c) The commercial sea urchin and sea cucumber fishery in cases involving sea urchin and sea cucumber dive fishery licenses;

             (d) The commercial ocean pink shrimp industry (Pandalus jordani) in cases involving ocean pink shrimp delivery licenses; and

             (e) The commercial coastal crab fishery in cases involving Dungeness crab-coastal fishery licenses and Dungeness crab-coastal class B fishery licenses. The members shall include one person from the commercial crab processors, one Dungeness crab-coastal fishery license holder, and one citizen representative of a coastal community.

             (2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050, 43.03.060, and 43.03.065.


             Sec. 56. RCW 75.30.060 and 1995 1st sp.s. c 2 s 32 are each amended to read as follows:

             A person aggrieved by a decision of the department under this chapter may request administrative review under the informal procedure established by this section.

             In an informal hearing before a review board, the rules of evidence do not apply. A record of the proceeding shall be kept as provided by chapter 34.05 RCW. After hearing the case the review board shall notify in writing the ((commission)) director and the initiating party whether the review board agrees or disagrees with the department's decision and the reasons for the review board's findings. Upon receipt of the review board's findings the ((commission)) director may order such relief as the ((commission)) director deems appropriate under the circumstances.

             Nothing in this section: (1) Impairs an aggrieved person's right to proceed under chapter 34.05 RCW; or (2) imposes a liability on members of a review board for their actions under this section.


             Sec. 57. RCW 75.30.065 and 1993 c 340 s 28 are each amended to read as follows:

             (1) After May 28, 1977, the director shall issue no new salmon charter licenses. A person may renew an existing salmon charter license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person.

             (2) Salmon charter licenses may be renewed each year. A salmon charter license which is not renewed each year shall not be renewed further.

             (3) Subject to the restrictions in ((section 11 of this act)) RCW 75.28.011 (as recodified by this act), salmon charter licenses are transferrable from one license holder to another.


             Sec. 58. RCW 75.30.070 and 1998 c 190 s 100 are each amended to read as follows:

             (1) Except as provided in subsection (3) of this section, a person shall not operate a vessel as a charter boat from which salmon are taken in salt water without an angler permit. The angler permit shall specify the maximum number of persons that may fish from the charter boat per trip. The angler permit expires if the salmon charter license is not renewed.

             (2) Only a person who holds a salmon charter license issued under RCW 75.28.095 and 75.30.065 (as recodified by this act) may hold an angler permit.

             (3) An angler permit shall not be required for charter boats licensed in Oregon and fishing in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point under the same regulations as Washington charter boat operators, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.


             Sec. 59. RCW 75.30.090 and 1993 c 340 s 30 are each amended to read as follows:

             A salmon charter boat may not carry more anglers than the number specified in the angler permit issued under RCW 75.30.070 (as recodified by this act). Members of the crew may fish from the boat only to the extent that the number of anglers specified in the angler permit exceeds the number of noncrew passengers on the boat at that time.


             Sec. 60. RCW 75.30.100 and 1993 c 340 s 31 are each amended to read as follows:

             (1) The total number of anglers authorized by the ((department)) director shall not exceed the total number authorized for 1980.

             (2) Angler permits issued under RCW 75.30.070 (as recodified by this act) are transferable. All or a portion of the permit may be transferred to another salmon charter license holder.

             (3) The angler permit holder and proposed transferee shall notify the department when transferring an angler permit, and the ((department)) director shall issue a new angler permit certificate. If the original permit holder retains a portion of the permit, the ((department)) director shall issue a new angler permit certificate reflecting the decrease in angler capacity.

             (4) The department shall collect a fee of ten dollars for each certificate issued under subsection (3) of this section.


             Sec. 61. RCW 75.30.120 and 1995 c 135 s 7 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, after May 6, 1974, the director shall issue no new commercial salmon fishery licenses or salmon delivery licenses. A person may renew an existing license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person.

             (2) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.

             (3) Subject to the restrictions in RCW 75.28.011 (as recodified by this act), commercial salmon fishery licenses and salmon delivery licenses are transferable from one license holder to another.


             Sec. 62. RCW 75.30.125 and 1993 c 340 s 33 are each amended to read as follows:

             Any commercial salmon fishery license issued under RCW 75.28.110 (as recodified by this act) or salmon delivery license issued under RCW 75.28.113 (as recodified by this act) shall revert to the department when any government confiscates and sells the vessel designated on the license. Upon application of the person named on the license as license holder and the approval of the director, the department shall transfer the license to the applicant. Application for transfer of the license must be made within the calendar year for which the license was issued.


             Sec. 63. RCW 75.30.130 and 1998 c 190 s 101 are each amended to read as follows:

             (1) A person shall not commercially take Dungeness crab (Cancer magister) in Puget Sound without first obtaining a Dungeness crab--Puget Sound fishery license. As used in this section, "Puget Sound" has the meaning given in RCW 75.28.110(5)(a)(as recodified by this act). A Dungeness crab--Puget Sound fishery license is not required to take other species of crab, including red rock crab (Cancer productus).

             (2) Except as provided in subsections (3) and (6) of this section, after January 1, 1982, the director shall issue no new Dungeness crab--Puget Sound fishery licenses. Only a person who meets the following qualification may renew an existing license: The person shall have held the Dungeness crab--Puget Sound fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and shall not have subsequently transferred the license to another person.

             (3) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.

             (4) This section does not restrict the issuance of commercial crab licenses for areas other than Puget Sound or for species other than Dungeness crab.

             (5) Dungeness crab--Puget Sound fishery licenses are transferable from one license holder to another.

             (6) If fewer than one hundred twenty-five persons are eligible for Dungeness crab--Puget Sound fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain one hundred twenty-five licenses in the Puget Sound Dungeness crab fishery. The director shall adopt rules governing the application, selection, and issuance procedures for new Dungeness crab--Puget Sound fishery licenses, based upon recommendations of ((a board of)) an advisory review board established under RCW 75.30.050 (as recodified by this act).


             Sec. 64. RCW 75.30.140 and 1998 c 190 s 102 are each amended to read as follows:

             (1) A person shall not fish commercially for herring in state waters without a herring fishery license. As used in this section, "herring fishery license" means any of the following commercial fishery licenses issued under RCW 75.28.120 (as recodified by this act): Herring dip bag net; herring drag seine; herring gill net; herring lampara; herring purse seine.

             (2) Except as provided in this section, a herring fishery license may be issued only to a person who held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person.

             (3) Herring fishery licenses may be renewed each year. A herring fishery license that is not renewed each year shall not be renewed further.

             (4) The ((department)) director may issue additional herring fishery licenses if the stocks of herring will not be jeopardized by granting additional licenses.

             (5) Subject to the restrictions of RCW 75.28.011 (as recodified by this act), herring fishery licenses are transferable from one license holder to another.


             Sec. 65. RCW 75.30.170 and 1993 c 340 s 39 are each amended to read as follows:

             (1) A person shall not commercially take whiting from areas that the department designates within the waters described in RCW 75.28.110(5)(a) (as recodified by this act) without a whiting-Puget Sound fishery license.

             (2) A whiting-Puget Sound fishery license may be issued only to an individual who:

             (a) Delivered at least fifty thousand pounds of whiting during the period from January 1, 1981, through February 22, 1985, as verified by fish delivery tickets;

             (b) Possessed, on January 1, 1986, all equipment necessary to fish for whiting; and

             (c) Held a whiting-Puget Sound fishery license during the previous year or acquired such a license by transfer from someone who held it during the previous year.

             (((2))) (3) After January 1, 1995, the director shall issue no new whiting-Puget Sound fishery licenses. After January 1, 1995, only an individual who meets the following qualifications may renew an existing license: The individual shall have held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and shall not have subsequently transferred the license to another person.

             (((3))) (4) Whiting-Puget Sound fishery licenses may be renewed each year. A whiting-Puget Sound fishery license that is not renewed each year shall not be renewed further.


             Sec. 66. RCW 75.30.180 and 1993 c 340 s 40 are each amended to read as follows:

             A whiting-Puget Sound fishery license may be transferred through gift, devise, bequest, or descent to members of the license holder's immediate family which shall be limited to spouse, children, or stepchildren. The holder of a whiting-Puget Sound fishery license shall be present on any vessel taking whiting under the license. In no instance may temporary permits be issued.

             The director may adopt rules necessary to implement RCW ((75.30.160 through)) 75.30.170 and 75.30.180 (as recodified by this act).


             Sec. 67. RCW 75.30.210 and 1998 c 190 s 104 are each amended to read as follows:

             (1) A person shall not commercially take any species of sea urchin using shellfish diver gear without first obtaining a sea urchin dive fishery license.

             (2) Except as provided in subsections (3) and (6) of this section, after December 31, 1991, the director shall issue no new sea urchin dive fishery licenses. Only a person who meets the following qualifications may renew an existing license:

             (a) The person shall have held the sea urchin dive fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year; and

             (b) The person shall document, by valid shellfish receiving tickets issued by the department, that twenty thousand pounds of sea urchins were caught and sold under the license sought to be renewed during the two-year period ending March 31 of the most recent odd-numbered year.

             (3) Where the person failed to obtain the license during the previous year because of a license suspension or revocation by the ((department)) director or the court, the person may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.

             (4) The director may reduce or waive the poundage requirement of subsection (2)(b) of this section upon the recommendation of ((a board of)) an advisory review board established under RCW 75.30.050 (as recodified by this act). The review board ((of review)) may recommend a reduction or waiver of the poundage requirement in individual cases if, in the review board's judgment, extenuating circumstances prevent achievement of the poundage requirement. The director shall adopt rules governing the operation of the ((board of)) review board and defining "extenuating circumstances."

             (5) Sea urchin dive fishery licenses are not transferable from one license holder to another, except from parent to child, or from spouse to spouse during marriage or as a result of marriage dissolution, or upon the death of the license holder.

             (6) If fewer than forty-five persons are eligible for sea urchin dive fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain up to forty-five licenses in the sea urchin dive fishery. The director shall adopt rules governing the application, selection, and issuance procedure for new sea urchin dive fishery licenses, based upon recommendations of ((a board of)) an advisory review board established under RCW 75.30.050 (as recodified by this act).


             Sec. 68. RCW 75.30.220 and 1993 c 340 s 42 are each amended to read as follows:

             (1) The director may issue experimental fishery permits for commercial harvest in an emerging commercial fishery for which the director has determined there is a need to limit the number of participants. The director shall determine by rule the number and qualifications of participants for such experimental fishery permits. Only a person who holds an emerging commercial fishery license issued under RCW 75.28.740 (as recodified by this act) and who meets the qualifications established in those rules may hold an experimental fishery permit. The director shall limit the number of these permits to prevent habitat damage, ensure conservation of the resource, and prevent overharvesting. In developing rules for limiting participation in an emerging or expanding commercial fishery, the director shall appoint a five-person advisory board representative of the affected fishery industry. The advisory board shall review and make recommendations to the director on rules relating to the number and qualifications of the participants for such experimental fishery permits.

             (2) RCW 34.05.422(3) does not apply to applications for new experimental fishery permits.

             (3) Experimental fishery permits are not transferable from the permit holder to any other person.


             Sec. 69. RCW 75.30.250 and 1998 c 190 s 105 are each amended to read as follows:

             (1) A person shall not commercially take while using shellfish diver gear any species of sea cucumber without first obtaining a sea cucumber dive fishery license.

             (2) Except as provided in subsection (6) of this section, after December 31, 1991, the director shall issue no new sea cucumber dive fishery licenses. Only a person who meets the following qualifications may renew an existing license:

             (a) The person shall have held the sea cucumber dive fishery license sought to be renewed during the previous two years or acquired the license by transfer from someone who held it during the previous year; and

             (b) The person shall establish, by means of dated shellfish receiving documents issued by the department, that thirty landings of sea cucumbers totaling at least ten thousand pounds were made under the license during the previous two-year period ending December 31 of the odd-numbered year.

             (3) Where the person failed to obtain the license during either of the previous two years because of a license suspension by the ((department)) director or the court, the person may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.

             (4) The director may reduce or waive any landing or poundage requirement established under this section upon the recommendation of ((a board of)) an advisory review board established under RCW 75.30.050 (as recodified by this act). The ((board of)) review board may recommend a reduction or waiver of any landing or poundage requirement in individual cases if, in the review board's judgment, extenuating circumstances prevent achievement of the landing or poundage requirement. The director shall adopt rules governing the operation of the ((board of)) review board and defining "extenuating circumstances."

             (5) Sea cucumber dive fishery licenses are not transferable from one license holder to another except from parent to child, from spouse to spouse during marriage or as a result of marriage dissolution, or upon death of the license holder.

             (6) If fewer than fifty persons are eligible for sea cucumber dive fishery licenses, the director may accept applications for new licenses from those persons who can demonstrate two years' experience in the Washington state sea cucumber dive fishery. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain up to fifty licenses in the sea cucumber dive fishery. The director shall adopt rules governing the application, selection, and issuance procedure for new sea cucumber dive fishery licenses, based upon recommendations of ((a board of)) an advisory review board established under RCW 75.30.050 (as recodified by this act).


             Sec. 70. RCW 75.30.270 and 1993 c 340 s 37 are each amended to read as follows:

             (1) A herring spawn on kelp fishery license is required to commercially take herring eggs which have been deposited on vegetation of any type.

             (2) A herring spawn on kelp fishery license may be issued only to a person who:

             (a) Holds a herring fishery license issued under RCW 75.28.120 and 75.30.140 (as recodified by this act); and

             (b) Is the highest bidder in an auction conducted under subsection (3) of this section.

             (3) The department shall sell herring spawn on kelp commercial fishery licenses at auction to the highest bidder. Bidders shall identify their sources of kelp. Kelp harvested from state-owned aquatic lands as defined in RCW 79.90.465 requires the written consent of the department of natural resources. The department shall give all holders of herring fishery licenses thirty days' notice of the auction.


             Sec. 71. RCW 75.30.280 and 1998 c 190 s 106 are each amended to read as follows:

             (1) A person shall not harvest geoduck clams commercially without a geoduck fishery license. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

             (2) Only a person who has entered into a geoduck harvesting agreement with the department of natural resources under RCW 79.96.080 may hold a geoduck fishery license.

             (3) A geoduck fishery license authorizes no taking of geoducks outside the boundaries of the public lands designated in the underlying harvesting agreement, or beyond the harvest ceiling set in the underlying harvesting agreement.

             (4) A geoduck fishery license expires when the underlying geoduck harvesting agreement terminates.

             (5) The director shall determine the number of geoduck fishery licenses that may be issued for each geoduck harvesting agreement, the number of units of gear whose use the license authorizes, and the type of gear that may be used, subject to RCW 75.24.100 (as recodified by this act). In making those determinations, the director shall seek to conserve the geoduck resource and prevent damage to its habitat.

             (6) The holder of a geoduck fishery license and the holder's agents and representatives shall comply with all applicable commercial diving safety regulations adopted by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists on May 8, 1979, 84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq. A violation of those regulations is a violation of this subsection. For the purposes of this section, persons who dive for geoducks are "employees" as defined by the federal occupational safety and health act. A violation of this subsection is grounds for suspension or revocation of a geoduck fishery license following a hearing under the procedures of chapter 34.05 RCW. The ((department)) director shall not suspend or revoke a geoduck fishery license if the violation has been corrected within ten days of the date the license holder receives written notice of the violation. If there is a substantial probability that a violation of the commercial diving standards could result in death or serious physical harm to a person engaged in harvesting geoduck clams, the ((department)) director shall suspend the license immediately until the violation has been corrected. If the license holder is not the operator of the harvest vessel and has contracted with another person for the harvesting of geoducks, the ((department)) director shall not suspend or revoke the license if the license holder terminates its business relationship with that person until compliance with this subsection is secured.


             Sec. 72. RCW 75.30.290 and 1998 c 190 s 107 are each amended to read as follows:

             A person shall not commercially deliver into any Washington state port ocean pink shrimp caught in offshore waters without an ocean pink shrimp delivery license issued under RCW 75.28.730 (as recodified by this act), or an ocean pink shrimp single delivery license issued under RCW 75.30.320 (as recodified by this act). An ocean pink shrimp delivery license shall be issued to a vessel that:

             (1) Landed a total of at least five thousand pounds of ocean pink shrimp in Washington in any single calendar year between January 1, 1983, and December 31, 1992, as documented by a valid shellfish receiving ticket; and

             (2) Can show continuous participation in the Washington, Oregon, or California ocean pink shrimp fishery by being eligible to land ocean pink shrimp in either Washington, Oregon, or California each year since the landing made under subsection (1) of this section. Evidence of such eligibility shall be a certified statement from the relevant state licensing agency that the applicant for a Washington ocean pink shrimp delivery license held at least one of the following permits:

             (a) For Washington: Possession of a delivery permit or delivery license issued under RCW 75.28.125 ((or a trawl license (other than Puget Sound) issued under RCW 75.28.140)) (as recodified by this act);

             (b) For Oregon: Possession of a vessel permit issued under Oregon Revised Statute 508.880; or

             (c) For California: A trawl permit issued under California Fish and Game Code sec. 8842.


             Sec. 73. RCW 75.30.300 and 1993 c 376 s 6 are each amended to read as follows:

             An applicant who can show historical participation under RCW 75.30.290(1) (as recodified by this act) but does not satisfy the continuous participation requirement of RCW 75.30.290(2) (as recodified by this act) shall be issued an ocean pink shrimp delivery license if:

             (1) The owner can prove that the owner was in the process on December 31, 1992, of constructing a vessel for the purpose of ocean pink shrimp harvest. For purposes of this section, "construction" means having the keel laid, and "for the purpose of ocean pink shrimp harvest" means the vessel is designed as a trawl vessel. An ocean pink shrimp delivery license issued to a vessel under construction is not renewable after December 31, 1994, unless the vessel lands a total of at least five thousand pounds of ocean pink shrimp into a Washington state port before December 31, 1994; or

             (2) The applicant's vessel is a replacement for a vessel that is otherwise eligible for an ocean pink shrimp delivery license.


             Sec. 74. RCW 75.30.320 and 1993 c 376 s 8 are each amended to read as follows:

             The owner of an ocean pink shrimp fishing vessel that does not qualify for an ocean pink shrimp delivery license issued under RCW 75.28.730 (as recodified by this act) shall obtain an ocean pink shrimp single delivery license in order to make a landing into a state port of ocean pink shrimp taken in offshore waters. The director shall not issue an ocean pink shrimp single delivery license unless, as determined by the director, a bona fide emergency exists. A maximum of six ocean pink shrimp single delivery licenses may be issued annually to any vessel. ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The fee for an ocean pink shrimp single delivery license is one hundred dollars.


             Sec. 75. RCW 75.30.330 and 1993 c 376 s 10 are each amended to read as follows:

             The director may reduce the landing requirements established under RCW 75.30.290 (as recodified by this act) upon the recommendation of an advisory review board established under RCW 75.30.050 (as recodified by this act), but the director may not entirely waive the landing requirement. The advisory review board may recommend a reduction of the landing requirement in individual cases if in the advisory review board's judgment, extenuating circumstances prevented achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances."


             Sec. 76. RCW 75.30.350 and 1998 c 190 s 108 are each amended to read as follows:

             (1) A person shall not commercially fish for coastal crab in Washington state waters without a Dungeness crab--coastal or a Dungeness crab--coastal class B fishery license. Gear used must consist of one buoy attached to each crab pot. Each crab pot must be fished individually.

             (2) A Dungeness crab--coastal fishery license is transferable. Except as provided in subsection (3) of this section, such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated, after December 31, 1993, a vessel or a replacement vessel on the qualifying license that singly or in combination meets the following criteria:

             (a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:

             (i) Crab pot--Non-Puget Sound license, issued under RCW 75.28.130(1)(b) (as recodified by this act);

             (ii) Nonsalmon delivery license, issued under RCW 75.28.125 (as recodified by this act);

             (iii) Salmon troll license, issued under RCW 75.28.110 (as recodified by this act);

             (iv) Salmon delivery license, issued under RCW 75.28.113 (as recodified by this act);

             (v) Food fish trawl license, issued under RCW 75.28.120 (as recodified by this act); or

             (vi) Shrimp trawl license, issued under RCW 75.28.130 (as recodified by this act); or

             (b) Made a minimum of four Washington landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings; or

             (c) Made any number of coastal crab landings totaling a minimum of twenty thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets, showed historical and continuous participation in the coastal crab fishery by having held one of the qualifying licenses each calendar year beginning 1990 through 1993, and the vessel was designated on the qualifying license of the person who held that license in 1994.

             (3) A Dungeness crab-coastal fishery license shall be issued to a person who had a new vessel under construction between December 1, 1988, and September 15, 1992, if the vessel made coastal crab landings totaling a minimum of five thousand pounds by September 15, 1993, and the new vessel was designated on the qualifying license of the person who held that license in 1994. All landings shall be documented by valid Washington state shellfish receiving tickets. License applications under this subsection may be subject to review by the advisory review board in accordance with RCW 75.30.050 (as recodified by this act). For purposes of this subsection, "under construction" means either:

             (a)(i) A contract for any part of the work was signed before September 15, 1992; and

             (ii) The contract for the vessel under construction was not transferred or otherwise alienated from the contract holder between the date of the contract and the issuance of the Dungeness crab-coastal fishery license; and

             (iii) Construction had not been completed before December 1, 1988; or

             (b)(i) The keel was laid before September 15, 1992; and

             (ii) Vessel ownership was not transferred or otherwise alienated from the owner between the time the keel was laid and the issuance of the Dungeness crab-coastal fishery license; and

             (iii) Construction had not been completed before December 1, 1988.

             (4) A Dungeness crab--coastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crab--coastal fishery license, if the person has designated on a qualifying license after December 31, 1993, a vessel or replacement vessel that, singly or in combination, made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held or by having owned a vessel that held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab--coastal class B fishery licenses cease to exist after December 31, 1999, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

             (5) The four qualifying seasons for purposes of this section are:

             (a) December 1, 1988, through September 15, 1989;

             (b) December 1, 1989, through September 15, 1990;

             (c) December 1, 1990, through September 15, 1991; and

             (d) December 1, 1991, through September 15, 1992.

             (6) For purposes of this section and RCW 75.30.420 (as recodified by this act), "coastal crab" means Dungeness crab (cancer magister) taken in all Washington territorial and offshore waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh line (a line from the western end of Cape Flattery to Tatoosh Island lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver island), Grays Harbor, Willapa Bay, and the Columbia river.

             (7) For purposes of this section, "replacement vessel" means a vessel used in the coastal crab fishery in 1994, and that replaces a vessel used in the coastal crab fishery during any period from 1988 through 1993, and which vessel's licensing and catch history, together with the licensing and catch history of the vessel it replaces, qualifies a single applicant for a Dungeness crab--coastal or Dungeness crab--coastal class B fishery license. A Dungeness crab--coastal or Dungeness crab--coastal class B fishery license may only be issued to a person who designated a vessel in the 1994 coastal crab fishery and who designated the same vessel in 1995.


             Sec. 77. RCW 75.30.370 and 1994 c 260 s 4 are each amended to read as follows:

             A person commercially fishing for Dungeness crab in offshore waters outside of Washington state jurisdiction shall obtain a Dungeness crab offshore delivery license from the director if the person does not possess a valid Dungeness crab-coastal fishery license or a valid Dungeness crab-coastal class B fishery license and the person wishes to land Dungeness crab into a place or a port in the state. The annual fee for a Dungeness crab offshore delivery license is two hundred fifty dollars. The director may specify restrictions on landings of offshore Dungeness crab in Washington state as authorized in RCW 75.30.360 (as recodified by this act).

             Fees from the offshore Dungeness crab delivery license shall be placed in the ((costal [coastal])) coastal crab account created in RCW 75.30.390 (as recodified by this act).


             Sec. 78. RCW 75.30.380 and 1997 c 418 s 3 are each amended to read as follows:

             Dungeness crab-coastal fishery licenses are freely transferable on a willing seller-willing buyer basis after paying the transfer fee in RCW 75.28.011 (as recodified by this act).


             Sec. 79. RCW 75.30.390 and 1997 c 418 s 4 are each amended to read as follows:

             The coastal crab account is created in the custody of the state treasurer. The account shall consist of revenues from fees from the transfer of each Dungeness crab-coastal fishery license assessed under RCW 75.28.011 (as recodified by this act), delivery fees assessed under RCW 75.30.370 (as recodified by this act), and the license surcharge under RCW 75.28.133 (as recodified by this act). Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures. Funds may be used for coastal crab management activities as provided in RCW 75.30.410 (as recodified by this act).


             Sec. 80. RCW 75.30.420 and 1994 c 260 s 9 are each amended to read as follows:

             (1) An Oregon resident who can show historical and continuous participation in the Washington state coastal crab fishery by having held a nonresident non-Puget Sound crab pot license issued under RCW 75.28.130 (as recodified by this act) each year from 1990 through 1994, and who has delivered a minimum of eight landings totaling five thousand pounds of crab into Oregon during any two of the four qualifying seasons as provided in RCW 75.30.350(((4))) (5) (as recodified by this act) as evidenced by valid Oregon fish receiving tickets, shall be issued a nonresident Dungeness crab-coastal fishery license valid for fishing in Washington state waters north from the Oregon-Washington boundary to United States latitude forty-six degrees thirty minutes north. Such license shall be issued upon application and submission of proof of delivery.

             (2) This section shall become effective contingent upon reciprocal statutory authority in the state of Oregon providing for equal access for Washington state coastal crab fishers to Oregon territorial coastal waters north of United States latitude forty-five degrees fifty-eight minutes north, and Oregon waters of the Columbia river.


             Sec. 81. RCW 75.30.440 and 1994 c 260 s 13 are each amended to read as follows:

             Except as provided under RCW 75.30.460 (as recodified by this act), the director shall issue no new Dungeness crab-coastal fishery licenses after December 31, 1995. A person may renew an existing license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person. Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.


             Sec. 82. RCW 75.30.460 and 1994 c 260 s 17 are each amended to read as follows:

             If fewer than one hundred seventy-five persons are eligible for Dungeness crab-coastal fishery licenses, the director may accept applications for new licenses. Additional licenses issued may maintain a maximum of one hundred seventy-five licenses in the Washington coastal crab fishery. If additional licenses are to be issued, the director shall adopt rules governing the notification, application, selection, and issuance procedures for new Dungeness crab-coastal fishery licenses, based on recommendations of the advisory review board established under RCW 75.30.050 (as recodified by this act).


             Sec. 83. RCW 75.30.470 and 1994 c 260 s 19 are each amended to read as follows:

             The director may reduce the landing requirements established under RCW 75.30.350 (as recodified by this act) upon the recommendation of an advisory review board established under RCW 75.30.050 (as recodified by this act), but the director may not entirely waive the landing requirement. The advisory review board may recommend a reduction of the landing requirement in individual cases if in the advisory review board's judgment, extenuating circumstances prevented achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances." Extenuating circumstances may include situations in which a person had a vessel under construction such that qualifying landings could not be made. In defining extenuating circumstances, special consideration shall be given to individuals who can provide evidence of lack of access to capital based on past discrimination due to race, creed, color, sex, national origin, or disability.


             Sec. 84. RCW 75.40.020 and 1995 1st sp.s. c 2 s 19 are each amended to read as follows:

             The commission may give to the state of Oregon such consent and approbation of the state of Washington as is necessary under the compact set out in RCW 75.40.010 (as recodified by this act). For the purposes of RCW 75.40.010 (as recodified by this act), the states of Washington and Oregon have concurrent jurisdiction in the concurrent waters of the Columbia river ((as defined in RCW 75.08.011)).


             Sec. 85. RCW 75.40.110 and 1994 c 148 s 2 are each amended to read as follows:

             Until such time as the agencies in California, Idaho, Oregon, and Washington present a final proposed interstate compact for enactment by their respective legislative bodies, the governor may establish cooperative agreements with the states of California, Idaho, and Oregon that allow the states to coordinate their individual efforts in developing state programs that further the region-wide goals set forth under RCW 75.40.100 (as recodified by this act).


             Sec. 86. RCW 75.44.100 and 1985 c 7 s 150 are each amended to read as follows:

             As used in this chapter:

             (1) "Case areas" means those areas of the Western district of Washington and in the adjacent offshore waters which are within the jurisdiction of the state of Washington, as defined in United States of America et al. v. State of Washington et al., Civil No. 9213, United States District Court for Western District of Washington, February 12, 1974, and in Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon, 1969), as amended, affirmed, and remanded 529 F. 2d 570 (9th Cir., 1976), or an area in which fishing rights are affected by court decision in a manner consistent with the above-mentioned decisions;

             (2) "Program" means the program established under RCW 75.44.100 through 75.44.150 (as recodified by this act).


             Sec. 87. RCW 75.44.120 and 1983 1st ex.s. c 46 s 157 are each amended to read as follows:

             The purchase price of a vessel and appurtenant gear shall be based on a survey conducted by a qualified marine surveyor. A license or delivery permit shall be valued separately.

             The director may specify a maximum price to be paid for a vessel, gear, license, or delivery permit purchased under RCW 75.44.110 (as recodified by this act). A license or delivery permit purchased under RCW 75.44.110 (as recodified by this act) shall be permanently retired by the department.


             Sec. 88. RCW 75.44.130 and 1983 1st ex.s. c 46 s 158 are each amended to read as follows:

             The department may arrange for the insurance, storage, and resale or other disposition of vessels and gear purchased under RCW 75.44.110 (as recodified by this act). Vessels shall not be resold by the department to the seller or the seller's immediate family. The vessels shall not be used by any owner or operator: (1) As a commercial fishing or charter vessel in state waters; or (2) to deliver fish to a place or port in the state. The department shall require that the purchasers and other users of vessels sold by the department execute suitable instruments to insure compliance with the requirements of this section. The director may commence suit or be sued on such an instrument in a state court of record or United States district court having jurisdiction.


             Sec. 89. RCW 75.44.150 and 1983 1st ex.s. c 46 s 160 are each amended to read as follows:

             The director is responsible for the administration and disbursement of all funds, goods, commodities, and services received by the state under the program.

             There is created within the state treasury a fund to be known as the "vessel, gear, license, and permit reduction fund". This fund shall be used for purchases under RCW 75.44.110 (as recodified by this act) and for the administration of the program. This fund shall be credited with federal or other funds received to carry out the purposes of the program and the proceeds from the sale or other disposition of property purchased under RCW 75.44.110 (as recodified by this act).


             Sec. 90. RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:

             The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

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

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

             (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 75.46.070(2) (as recodified by this act). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project maintenance and monitoring activities.

             (4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

             (5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

             (6) "Project sponsor" is a county, city, special district, tribal government, a combination of such governments through interlocal agreements provided under chapter 39.34 RCW, a nonprofit organization, or one or more private citizens.

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

             (8) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

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

             (10) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

             (11) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.


             Sec. 91. RCW 75.46.040 and 1998 c 246 s 5 are each amended to read as follows:

             (1) The salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. The primary purpose of the office is to coordinate and assist in the development of salmon recovery plans for evolutionarily significant units, and submit those plans to the appropriate tribal governments and federal agencies in response to the federal endangered species act. The governor's salmon recovery office may also:

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

             (b) Provide the biennial state of the salmon report to the legislature pursuant to RCW 75.46.030 (as recodified by this act).

             (2) This section expires June 30, 2006.


             Sec. 92. RCW 75.46.050 and 1998 c 246 s 6 are each amended to read as follows:

             (1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

             (2) The speaker of the house of representatives and the majority leader in the senate shall each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

             (3) The members of the independent science panel shall serve four-year terms. The independent science panel members shall elect the chair of the panel among themselves every two years. The members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

             (4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science review panel does not have the authority to review individual projects or project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 (as recodified by this act) or to make policy decisions.

             (5) The independent science panel shall submit its findings to the legislature and the governor.


             Sec. 93. RCW 75.46.070 and 1998 c 246 s 8 are each amended to read as follows:

             (1) Critical pathways methodology shall be used to develop a habitat project list and a habitat work schedule that ensures salmon restoration activities will be prioritized and implemented in a logical sequential manner that produces habitat capable of sustaining healthy populations of salmon.

             (2) The critical pathways methodology shall:

             (a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have responsibility for the limiting factors analysis;

             (b) Identify local habitat projects that sponsors are willing to undertake. The projects identified must have a written agreement from the landowner on which the project is to be implemented. Project sponsors shall have the lead responsibility for this task;

             (c) Identify how projects will be monitored and evaluated. The project sponsor, in consultation with the technical advisory group and the appropriate landowner, shall have responsibility for this task; and

             (d) Describe the adaptive management strategy that will be used. The committee established under RCW 75.46.060 (as recodified by this act) shall have responsibility for this task. If a committee has not been formed, the technical advisory group shall have the responsibility for this task.

             (3) The habitat work list shall include all projects developed pursuant to subsection (2) of this section as well as any other salmon habitat restoration project implemented in the region. The work list shall also include the start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species of each project. Each schedule shall be updated on an annual basis to depict new activities.


             Sec. 94. RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:

             (1) Representatives from the conservation commission, the department of transportation, and the department of fish and wildlife shall establish an interagency review team. Except as provided in subsection (6) of this section, habitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year beginning in 1999.

             (2) If no lead entity has been formed under RCW 75.46.060 (as recodified by this act), the interagency review team shall rank, prioritize, and dispense funds for habitat restoration projects by giving preference to the projects that:

             (a) Provide a greater benefit to salmon recovery;

             (b) Will be implemented in a more critical area;

             (c) Are the most cost-effective;

             (d) Have the greatest matched, or in-kind funding; and

             (e) Will be implemented by a sponsor with a successful record of project implementation.

             (3) If a lead entity established under RCW 75.46.060 (as recodified by this act) has been formed, the interagency review team shall evaluate project lists and may remove, but not add, projects from a habitat project list.

             (4) The interagency review team shall provide a summary of funding for habitat restoration project lists to the governor and to the legislature by December 1st of each year.

             (5) The interagency review team may annually establish a maximum amount of funding available for any individual project, subject to available funding. The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.

             (6) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in RCW 75.46.060(2) (as recodified by this act).

             (7) Where a lead entity has been established pursuant to RCW 75.46.060 (as recodified by this act), the interagency review team may provide block grants to the lead entity, subject to available funding.


             Sec. 95. RCW 75.46.090 and 1998 c 246 s 10 are each amended to read as follows:

             (1) The conservation commission, in consultation with local government and the tribes, shall invite private, federal, state, tribal, and local government personnel with appropriate expertise to act as a technical advisory group.

             (2) For state personnel, involvement on the technical advisory group shall be at the discretion of the particular agency. Unless specifically provided for in the budget, technical assistance participants shall be provided from existing full-time equivalent employees.

             (3) The technical advisory group shall identify the limiting factors for salmonids to respond to the limiting factors relating to habitat pursuant to RCW 75.46.070(2) (as recodified by this act).

             (4) Where appropriate, the conservation district within the area implementing this chapter shall take the lead in developing and maintaining relationships between the technical advisory group and the private landowners under RCW 75.46.080 (as recodified by this act). The conservation districts may assist landowners to organize around river, tributary, estuary, or subbasins of a watershed.

             (5) Fishery enhancement groups and other volunteer organizations may participate in the activities under this section.


             Sec. 96. RCW 75.46.110 and 1998 c 246 s 12 are each amended to read as follows:

             The southwest Washington salmon recovery region, whose boundaries are provided in chapter 60, Laws of 1998, is created. ((If chapter 60, Laws of 1998 is not enacted by July 1, 1998, this section is null and void.))


             Sec. 97. RCW 75.46.120 and 1998 c 246 s 16 are each amended to read as follows:

             (1) The departments of transportation, fish and wildlife, and ecology, and tribes shall convene a work group to develop policy guidance to evaluate mitigation alternatives. The policy guidance shall be designed to enable committees established under RCW 75.46.060 (as recodified by this act) to develop and implement habitat project lists that maximize environmental benefits from project mitigation while reducing project design and permitting costs. The work group shall seek technical assistance to ensure that federal, state, treaty right, and local environmental laws and ordinances are met. The purpose of this section is not to increase regulatory requirements or expand departmental authority.

             (2) The work group shall develop guidance for determining alternative mitigation opportunities. Such guidance shall include criteria and procedures for identifying and evaluating mitigation opportunities within a watershed. Such guidance shall create procedures that provide alternative mitigation that has a low risk to the environment, yet has high net environmental, social, and economic benefits compared to status quo options.

             (3) The evaluation shall include:

             (a) All elements of mitigation, including but not limited to data requirements, decision making, state and tribal agency coordination, and permitting; and

             (b) Criteria and procedures for identifying and evaluating mitigation opportunities, including but not limited to the criteria in chapter 90.74 RCW.

             (4) Committees established under RCW 75.46.060 (as recodified by this act) shall coordinate voluntary collaborative efforts between habitat project proponents and mitigation project proponents. Mitigation funds may be used to implement projects identified by a work plan to mitigate for the impacts of a transportation or other development proposal or project.

             (5) For the purposes of this section, "mitigation" has the same meaning as provided in RCW 90.74.010.


             Sec. 98. RCW 75.46.130 and 1998 c 246 s 17 are each amended to read as follows:

             Only those funds appropriated for the habitat restoration projects under this chapter are subject to the requirements of RCW 75.46.080 (as recodified by this act).


             Sec. 99. RCW 75.48.100 and 1983 1st ex.s. c 46 s 170 are each amended to read as follows:

             The bonds authorized by this chapter shall be issued only after the director has certified, based upon reasonable estimates and data provided to the department, that sufficient revenues will be available from sport and commercial salmon license sales and from salmon fees and taxes to meet the requirements of RCW 75.48.080 (as recodified by this act) during the life of the bonds.


             Sec. 100. RCW 75.50.080 and 1997 c 389 s 5 are each amended to read as follows:

             Regional fisheries enhancement groups, consistent with the long-term regional policy statements developed under RCW 75.50.020 (as recodified by this act), shall seek to:

             (1) Enhance the salmon and steelhead resources of the state;

             (2) Maximize volunteer efforts and private donations to improve the salmon and steelhead resources for all citizens;

             (3) Assist the department in achieving the goal to double the state-wide salmon and steelhead catch by the year 2000; and

             (4) Develop projects designed to supplement the fishery enhancement capability of the department.


             Sec. 101. RCW 75.50.100 and 1998 c 245 s 155 and 1998 c 191 s 27 are each reenacted and amended to read as follows:

             The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

             A portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 75.50.110 (as recodified by this act). Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.

             All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.


             Sec. 102. RCW 75.50.105 and 1997 c 389 s 2 are each amended to read as follows:

             The department may provide start-up funds to regional fisheries enhancement groups for costs associated with any enhancement project. The regional fisheries enhancement group advisory board and the ((department)) commission shall develop guidelines for providing funds to the regional fisheries enhancement groups.


             Sec. 103. RCW 75.50.110 and 1995 1st sp.s. c 2 s 40 and 1995 c 367 s 5 are each reenacted and amended to read as follows:

             (1) A regional fisheries enhancement group advisory board is established to make recommendations to the commission. The members shall be appointed by the commission and consist of two commercial fishing representatives, two recreational fishing representatives, and three at-large positions. At least two of the advisory board members shall be members of a regional fisheries enhancement group. Advisory board members shall serve three-year terms. The advisory board membership shall include two members serving ex officio to be nominated, one through the Northwest Indian fisheries commission, and one through the Columbia river intertribal fish commission. The chair of the regional fisheries enhancement group advisory board shall be elected annually by members of the regional fisheries enhancement (([group])) group advisory board. The advisory board shall meet at least quarterly. All meetings of the advisory board shall be open to the public under the open public meetings act, chapter 42.30 RCW.

             The department shall invite the advisory board to comment and provide input into all relevant policy initiatives, including, but not limited to, wild stock, hatcheries, and habitat restoration efforts.

             (2) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

             (3) The department may use account funds to provide agency assistance to the groups, to provide professional, administrative or clerical services to the advisory board, or to implement the training and technical (([assistance])) assistance services plan as developed by the advisory board pursuant to RCW 75.50.115 (as recodified by this act). The level of account funds used by the department shall be determined by the commission after review of recommendation by the regional fisheries enhancement group advisory board and shall not exceed twenty percent of annual contributions to the account.


             Sec. 104. RCW 75.50.115 and 1998 c 96 s 1 are each amended to read as follows:

             (1) The regional fisheries enhancement group advisory board shall:

             (a) Assess the training and technical assistance needs of the regional fisheries enhancement groups;

             (b) Develop a training and technical assistance services plan in order to provide timely, topical technical assistance and training services to regional fisheries enhancement groups. The plan shall be provided to the director and to the senate and house of representatives natural resources committees no later than October 1, 1995, and shall be updated not less than every year. The advisory board shall provide ample opportunity for the public and interested parties to participate in the development of the plan. The plan shall include but is not limited to:

             (i) Establishment of an information clearinghouse service that is readily available to regional fisheries enhancement groups. The information clearinghouse shall collect, collate, and make available a broad range of information on subjects that affect the development, implementation, and operation of diverse fisheries and habitat enhancement projects. The information clearinghouse service may include periodical news and informational bulletins;

             (ii) An ongoing program in order to provide direct, on-site technical assistance and services to regional fisheries enhancement groups. The advisory board shall assist regional fisheries enhancement groups in soliciting federal, state, and local agencies, tribal governments, institutions of higher education, and private business for the purpose of providing technical assistance and services to regional fisheries enhancement group projects; and

             (iii) A cost estimate for implementing the plan;

             (c) Propose a budget to the director for operation of the advisory board and implementation of the technical assistance plan;

             (d) Make recommendations to the director regarding regional enhancement group project proposals and funding of those proposals; and

             (e) Establish criteria for the redistribution of unspent project funds for any regional enhancement group that has a year ending balance exceeding one hundred thousand dollars.

             (2) The regional fisheries enhancement group advisory board may:

             (a) Facilitate resolution of disputes between regional fisheries enhancement groups and the department;

             (b) Promote community and governmental partnerships that enhance the salmon resource and habitat;

             (c) Promote environmental ethics and watershed stewardship;

             (d) Advocate for watershed management and restoration;

             (e) Coordinate regional fisheries enhancement group workshops and training;

             (f) Monitor and evaluate regional fisheries enhancement projects;

             (g) Provide guidance to regional fisheries enhancement groups; and

             (h) Develop recommendations to the director to address identified impediments to the success of regional fisheries enhancement groups.

             (3)(a) The regional fisheries enhancement group advisory board shall develop recommendations for limitations on the amount of overhead that a regional fisheries enhancement group may charge from each of the following categories of funding provided to the group:

             (i) Federal funds;

             (ii) State funds;

             (iii) Local funds; and

             (iv) Private donations.

             (b) The advisory board shall develop recommendations for limitations on the number and salary of paid employees that are employed by a regional fisheries enhancement group. The regional fisheries enhancement group advisory board shall adhere to the founding principles for regional groups that emphasize the volunteer nature of the groups, maximization of field-related fishery resource benefits, and minimization of overhead.

             (c) The advisory board shall evaluate and make recommendations for the limitation or elimination of commissions, finders fees, or other reimbursements to regional fisheries enhancement group employees.

             (((d) The regional fisheries enhancement group advisory board shall report to the appropriate legislative committees by January 1, 1999, on the board recommendations for overhead limitations, paid employee limitations, and commission limitations for regional fisheries enhancement groups.))


             Sec. 105. RCW 75.50.160 and 1997 c 389 s 6 are each amended to read as follows:

             The department and the department of transportation shall convene a fish passage barrier removal task force. The task force shall consist of one representative each from the department, the department of transportation, the department of ecology, tribes, cities, counties, a business organization, an environmental organization, regional fisheries enhancement groups, and other interested entities as deemed appropriate by the cochairs. The persons representing the department and the department of transportation shall serve as cochairs of the task force and shall appoint members to the task force. The task force shall make recommendations to expand the program in RCW 75.50.170 (as recodified by this act) to identify and expedite the removal of human-made or caused impediments to anadromous fish passage in the most efficient manner practical. Program recommendations shall include a funding mechanism and other necessary mechanisms to coordinate and prioritize state, tribal, local, and volunteer efforts within each water resource inventory area. A priority shall be given to projects that immediately increase access to available and improved spawning and rearing habitat for depressed, threatened, and endangered stocks. The department or the department of transportation may contract with cities and counties to assist in the identification and removal of impediments to anadromous fish passage.

             ((A report on the recommendations to develop a program to identify and remove fish passage barriers and any additional legislative action needed to implement the program shall be submitted to the appropriate standing committees of the legislature no later than December 1, 1997.))


             Sec. 106. RCW 75.52.020 and 1993 sp.s. c 2 s 50 are each amended to read as follows:

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

             (1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department relating to a cooperative fish or wildlife project.

             (2) "Cooperative project" means a project conducted by a volunteer group that will benefit the fish, shellfish, game bird, nongame wildlife, or game animal resources of the state and for which the benefits of the project, including fish and wildlife reared and released, are available to all citizens of the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department.

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


             Sec. 107. RCW 75.52.050 and 1995 1st sp.s. c 2 s 42 are each amended to read as follows:

             The commission shall establish by rule:

             (1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife required by RCW 75.08.295 ((or 77.16.150)) (as recodified by this act). The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.

             (2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.

             (3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects.

             (4) The procedure for ((notice in writing to a volunteer group of cause to revoke)) the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.

             (5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.


             Sec. 108. RCW 75.52.070 and 1984 c 72 s 7 are each amended to read as follows:

             (1) The volunteer group shall:

             (a) Provide care and diligence in conducting the cooperative project; and

             (b) Maintain accurately the required records of the project on forms provided by the department.

             (2) The volunteer group shall acknowledge that fish and game reared in cooperative projects are public property and must be handled and released for the benefit of all citizens of the state. The fish and game are to remain public property until reduced to private ownership under rules of the ((department)) commission.


             Sec. 109. RCW 75.52.100 and 1993 sp.s. c 2 s 52 are each amended to read as follows:

             A salmon spawning channel shall be constructed on the Cedar river with the assistance and cooperation of the department. The department shall use existing personnel and the volunteer fisheries enhancement program outlined under chapter 75.52 RCW (as recodified by this act) to assist in the planning, construction, and operation of the spawning channel.


             Sec. 110. RCW 75.52.110 and 1998 c 245 s 156 are each amended to read as follows:

             The department shall chair a technical committee, which shall review the preparation of enhancement plans and construction designs for a Cedar river sockeye spawning channel. The technical committee shall consist of not more than eight members: One representative each from the department, national marine fisheries service, United States fish and wildlife service, and Muckleshoot Indian tribe; and four representatives from the public utility described in RCW 75.52.130 (as recodified by this act). The technical committee will be guided by a policy committee, also to be chaired by the department, which shall consist of not more than six members: One representative from the department, one from the Muckleshoot Indian tribe, and one from either the national marine fisheries service or the United States fish and wildlife service; and three representatives from the public utility described in RCW 75.52.130 (as recodified by this act). The policy committee shall oversee the operation and evaluation of the spawning channel. The policy committee will continue its oversight until the policy committee concludes that the channel is meeting the production goals specified in RCW 75.52.120 (as recodified by this act).


             Sec. 111. RCW 75.52.130 and 1989 c 85 s 6 are each amended to read as follows:

             The legislature recognizes that, if funding for planning, design, evaluation, construction, and operating expenses is provided by a public utility that diverts water for beneficial public use, and if the performance of the spawning channel meets the production goals described in RCW 75.52.120 (as recodified by this act), the spawning channel project will serve, at a minimum, as compensation for lost sockeye salmon spawning habitat upstream of the Landsburg diversion. The amount of funding to be supplied by ((said)) the utility will fully fund the total cost of planning, design, evaluation, and construction of the spawning channel.


             Sec. 112. RCW 75.52.140 and 1989 c 85 s 7 are each amended to read as follows:

             In order to provide operation and maintenance funds for the facility authorized by RCW 75.52.100 through 75.52.160 (as recodified by this act), the utility shall place two million five hundred thousand dollars in the state general fund Cedar river channel construction and operation account herein created. The interest from the fund shall be used for operation and maintenance of the spawning channel and any unused interest shall be added to the fund to increase the principal to cover possible future operation cost increases. The state treasurer may invest funds from the account as provided by law.


             Sec. 113. RCW 75.52.160 and 1993 sp.s. c 2 s 54 are each amended to read as follows:

             Should the requirements of RCW 75.52.100 through 75.52.160 (as recodified by this act) not be met, the department shall seek immediate legal clarification of the steps which must be taken to fully mitigate water diversion projects on the Cedar river.


             Sec. 114. RCW 75.54.140 and 1998 c 191 s 28 are each amended to read as follows:

             As provided in RCW 77.32.440, a portion of each saltwater and combination fishing license fee shall be deposited in the recreational fisheries enhancement account created in RCW 75.54.150 (as recodified by this act).


             Sec. 115. RCW 75.54.150 and 1993 sp.s. c 2 s 98 are each amended to read as follows:

             The recreational fisheries enhancement account is created in the state treasury. All receipts from RCW 75.54.140 (as recodified by this act) shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for recreational fisheries enhancement programs.


             Sec. 116. RCW 75.56.050 and 1998 c 60 s 2 are each amended to read as follows:

             (1) A pilot program for steelhead recovery is established in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum counties within the habitat area classified as evolutionarily significant unit 4 by the federal national marine fisheries service. The management board created under subsection (2) of this section is responsible for implementing the habitat portion of the approved steelhead recovery initiative and is empowered to receive and disburse funds for the approved steelhead recovery initiative. The management board created pursuant to this section shall constitute the ((regional council for this area responsible for fulfilling the requirements and exercising the powers of a regional council under chapter 246, Laws of 1998)) lead entity and the committee established under RCW 75.46.060 (as recodified by this act) responsible for fulfilling the requirements and exercising powers under this chapter.

             (2) A management board consisting of fifteen voting members is created within evolutionarily significant unit 4. The members shall consist of one county commissioner or designee from each of the five participating counties selected by each county legislative authority; one member representing the cities contained within evolutionarily significant unit 4 as a voting member selected by the cities in evolutionarily significant unit 4; a representative of the Cowlitz Tribe appointed by the tribe; one state legislator elected from one of the legislative districts contained within evolutionarily significant unit 4 selected by that group of state legislators representing the area; five representatives to include at least one member who represents private property interests appointed by the five county commissioners or designees; one hydro utility representative nominated by hydro utilities and appointed by the five county commissioners or designees; and one representative nominated from the environmental community who resides in evolutionarily significant unit 4 appointed by the five county commissioners or designees. The board shall appoint and consult a technical advisory committee, which shall include four representatives of state agencies one each appointed by the directors of the departments of ecology, fish and wildlife, and transportation, and the commissioner of public lands. The board may also appoint additional persons to the technical advisory committee as needed. The chair of the board shall be selected from among the five county commissioners or designees and the legislator on the board. In making appointments under this subsection, the county commissioners shall consider recommendations of interested parties. Vacancies shall be filled in the same manner as the original appointments were selected. No action may be brought or maintained against any management board member, the management board, or any of its agents, officers, or employees for any noncontractual acts or omissions in carrying out the purposes of this section.

             (3)(a) The management board shall participate in the development of a recovery plan to implement its responsibilities under (b) of this subsection. The management board shall consider local watershed efforts and activities as well as habitat conservation plans in the implementation of the recovery plan. Any of the participating counties may continue its own efforts for restoring steelhead habitat. Nothing in this section limits the authority of units of local government to enter into interlocal agreements under chapter 39.34 RCW or any other provision of law.

             (b) The management board is responsible for implementing the habitat portions of the local government responsibilities of the lower Columbia steelhead conservation initiative approved by the state and the national marine fisheries service. The management board may work in cooperation with the state and the national marine fisheries service to modify the initiative, or to address habitat for other aquatic species that may be subsequently listed under the federal endangered species act. The management board may not exercise authority over land or water within the individual counties or otherwise preempt the authority of any units of local government.

             (c) The management board shall prioritize as appropriate and approve projects and programs related to the recovery of lower Columbia river steelhead runs, including the funding of those projects and programs, and coordinate local government efforts as prescribed in the recovery plan. The management board shall establish criteria for funding projects and programs based upon their likely value in steelhead recovery. The management board may consider local economic impact among the criteria, but jurisdictional boundaries and factors related to jurisdictional population may not be considered as part of the criteria.

             (d) The management board shall assess the factors for decline along each prioritized stream as listed in the lower Columbia steelhead conservation initiative. The management board is encouraged to take a stream-by-stream approach in conducting the assessment which utilizes state and local expertise, including volunteer groups, interest groups, and affected units of local government.

             (4) The management board has the authority to hire and fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make recommendations to cities and counties about potential code changes and the development of programs and incentives upon request, pay all necessary expenses, and may choose a fiduciary agent. The management board shall report on its progress on a quarterly basis to the legislative bodies of the five participating counties and the state natural resource-related agencies.

             (5) The pilot program terminates on July 1, 2002.

             (6) For purposes of this section, "evolutionarily significant unit" means the habitat area identified for an evolutionarily significant unit of an aquatic species listed or proposed for listing as a threatened or endangered species under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).


             Sec. 117. RCW 75.58.010 and 1998 c 190 s 110 are each amended to read as follows:

             (1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020. The program shall be administered by the department under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:

             (a) Disease diagnosis;

             (b) Import and transfer requirements;

             (c) Provision for certification of stocks;

             (d) Classification of diseases by severity;

             (e) Provision for treatment of selected high-risk diseases;

             (f) Provision for containment and eradication of high-risk diseases;

             (g) Provision for destruction of diseased cultured aquatic products;

             (h) Provision for quarantine of diseased cultured aquatic products;

             (i) Provision for coordination with state and federal agencies;

             (j) Provision for development of preventative or control measures;

             (k) Provision for cooperative consultation service to aquatic farmers; and

             (l) Provision for disease history records.

             (2) The commission shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.05 RCW and shall assist in conducting those hearings. The authorities granted the department by these rules and by RCW 75.08.080(1)(g), 75.24.080, 75.24.110, 75.28.125, 75.58.020, 75.58.030, and 75.58.040 (as recodified by this act) constitute the only authorities of the department to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.

             (3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department, and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.

             (4) A person shall not violate the rules adopted under subsection (2) or (3) of this section or violate RCW 75.58.040 (as recodified by this act).

             (5) In administering the program established under this section, the department shall use the services of a pathologist licensed to practice veterinary medicine.

             (6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department or other fish-rearing entities.


             Sec. 118. RCW 75.58.020 and 1993 sp.s. c 2 s 56 are each amended to read as follows:

             The directors of agriculture and fish and wildlife shall jointly adopt by rule, in the manner prescribed in RCW 75.58.010(2) (as recodified by this act), a schedule of user fees for the disease inspection and control program established under RCW 75.58.010 (as recodified by this act). The fees shall be established such that the program shall be entirely funded by revenues derived from the user fees by the beginning of the 1987-89 biennium.

             There is established in the state treasury an account known as the aquaculture disease control account which is subject to appropriation. Proceeds of fees charged under this section shall be deposited in the account. Moneys from the account shall be used solely for administering the disease inspection and control program established under RCW 75.58.010 (as recodified by this act).


             Sec. 119. RCW 75.58.030 and 1993 sp.s. c 2 s 57 are each amended to read as follows:

             (1) The director shall consult regarding the disease inspection and control program established under RCW 75.58.010 (as recodified by this act) with federal agencies and Indian tribes to assure protection of state, federal, and tribal aquatic resources and to protect private sector cultured aquatic products from disease that could originate from waters or facilities managed by those agencies.

             (2) With regard to the program, the director may enter into contracts or interagency agreements for diagnostic field services with government agencies and institutions of higher education and private industry.

             (3) The director shall provide for the creation and distribution of a roster of biologists having a ((speciality [specialty])) specialty in the diagnosis or treatment of diseases of fish or shellfish. The director shall adopt rules specifying the qualifications which a person must have in order to be placed on the roster.


Repealed Sections


             NEW SECTION. Sec. 120. The following acts or parts of acts are each repealed:

             (1) RCW 75.08.010 (Fisheries Code) and 1983 1st ex.s. c 46 s 2 & 1955 c 12 s 75.08.010;

             (2) RCW 75.08.011 (Definitions) and 1998 c 190 s 70, 1996 c 267 s 2, 1995 1st sp.s. c 2 s 6, & 1994 c 255 s 2;

             (3) RCW 75.08.014 (Authority of director to administer department--Qualifications of director) and 1995 1st sp.s. c 2 s 22, 1993 sp.s. c 2 s 21, 1983 1st ex.s. c 46 s 6, & 1953 c 207 s 10;

             (4) RCW 75.08.035 (Senior environmental corps--Department powers and duties) and 1993 sp.s. c 2 s 22 & 1992 c 63 s 11;

             (5) RCW 75.08.274 (Taking food fish for propagation or scientific purposes--Permit required) and 1998 c 190 s 72, 1995 1st sp.s. c 2 s 15, 1983 1st ex.s. c 46 s 28, 1971 c 35 s 1, & 1955 c 12 s 75.16.010;

             (6) RCW 75.10.070 (Service of summons and forfeiture if unable to prosecute violator) and 1983 1st ex.s. c 46 s 38 & 1955 c 12 s 75.36.030;

             (7) RCW 75.10.160 (Enforcement of watercraft registration and boating safety education) and 1989 c 393 s 16;

             (8) RCW 75.25.090 (Personal use fishing licenses--Fees) and 1993 c 215 s 1, 1989 c 305 s 5, & 1987 c 87 s 1;

             (9) RCW 75.25.160 (Recreational licenses--Penalties) and 1989 c 305 s 15, 1987 c 87 s 8, 1984 c 80 s 10, 1983 1st ex.s. c 46 s 100, & 1977 ex.s. c 327 s 16;

             (10) RCW 75.25.210 (Duplicate licenses, permits, tags, stamps, and catch record cards--Fees) and 1994 c 255 s 9;

             (11) RCW 75.28.012 (Licensing districts--Created) and 1993 c 20 s 3, 1983 1st ex.s. c 46 s 102, 1971 ex.s. c 283 s 2, & 1957 c 171 s 1;

             (12) RCW 75.28.335 (Wholesale fish dealers--Additional penalties) and 1985 c 248 s 8; and

             (13) RCW 75.30.160 (Whiting license required in designated areas) and 1998 c 190 s 103, 1993 c 340 s 38, & 1986 c 198 s 6.


Recodified Sections


             NEW SECTION. Sec. 121. RCW 75.08.012, 75.08.013, 75.08.020, 75.08.090, and 75.08.110 are each recodified as sections in chapter 77.04 RCW.


             NEW SECTION. Sec. 122. RCW 75.08.025, 75.08.040, 75.08.045, 75.08.055, 75.08.058, 75.08.065, 75.08.070, 75.08.080, 75.08.120, 75.08.160, 75.08.206, 75.08.208, 75.08.230, 75.08.235, 75.08.255, 75.08.265, 75.08.285, 75.08.295, and 75.08.300 are each recodified as sections in chapter 77.12 RCW.


             NEW SECTION. Sec. 123. RCW 75.12.010, 75.12.015, 75.12.040, 75.12.132, 75.12.140, 75.12.155, 75.12.210, 75.12.230, 75.12.390, 75.12.440, and 75.12.650 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 124. RCW 75.20.005, 75.20.015, 75.20.025, 75.20.040, 75.20.050, 75.20.060, 75.20.061, 75.20.090, 75.20.098, 75.20.100, 75.20.1001, 75.20.103, 75.20.104, 75.20.1041, 75.20.106, 75.20.108, 75.20.110, 75.20.130, 75.20.140, 75.20.150, 75.20.160, 75.20.170, 75.20.180, 75.20.190, 75.20.310, 75.20.320, 75.20.325, 75.20.330, 75.20.340, 75.20.350, and 77.12.830 are each recodified as sections in a new chapter added to Title 77 RCW.


             NEW SECTION. Sec. 125. RCW 75.24.010, 75.24.030, 75.24.060, 75.24.065, 75.24.070, 75.24.080, 75.24.100, 75.24.110, 75.24.120, 75.24.130, 75.24.140, and 75.24.150 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 126. RCW 75.28.010, 75.28.011, 75.28.014, 75.28.020, 75.28.030, 75.28.034, 75.28.040, 75.28.042, 75.28.044, 75.28.045, 75.28.046, 75.28.047, 75.28.048, 75.28.055, 75.28.095, 75.28.110, 75.28.113, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.132, 75.28.133, 75.28.280, 75.28.290, 75.28.295, 75.28.300, 75.28.302, 75.28.305, 75.28.315, 75.28.323, 75.28.328, 75.28.340, 75.28.690, 75.28.700, 75.28.710, 75.28.720, 75.28.730, 75.28.740, 75.28.750, 75.28.760, 75.28.770, 75.28.780, 75.28.900, 77.32.191, 77.32.197, 77.32.199, and 77.32.211 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 127. RCW 75.30.015, 75.30.021, 75.30.050, 75.30.060, 75.30.065, 75.30.070, 75.30.090, 75.30.100, 75.30.120, 75.30.125, 75.30.130, 75.30.140, 75.30.170, 75.30.180, 75.30.210, 75.30.220, 75.30.230, 75.30.240, 75.30.250, 75.30.260, 75.30.270, 75.30.280, 75.30.290, 75.30.300, 75.30.310, 75.30.320, 75.30.330, 75.30.350, 75.30.360, 75.30.370, 75.30.380, 75.30.390, 75.30.410, 75.30.420, 75.30.430, 75.30.440, 75.30.450, 75.30.460, 75.30.470, and 75.30.480 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 128. A new chapter is added to Title 77 RCW and is named "Compacts and other agreements." The following sections are recodified under the following subchapter headings:

             (1) "Columbia river compact" as follows:

             RCW 75.40.010; and

             RCW 75.40.020.

             (2) "Pacific marine fisheries compact" as follows:

             RCW 75.40.030; and

             RCW 75.40.040.

             (3) "Coastal ecosystems compact" as follows:

             RCW 75.40.100; and

             RCW 75.40.110.

             (4) "Wildlife violator compact" as follows:

             RCW 77.17.010;

             RCW 77.17.020; and

             RCW 77.17.030.

             (5) "Snake river boundary" as follows:

             RCW 77.12.450;

             RCW 77.12.470;

             RCW 77.12.480; and

             RCW 77.12.490.

             (6) "Miscellaneous" as follows:

             RCW 75.40.060;

             RCW 77.12.430; and

             RCW 77.12.440.


             NEW SECTION. Sec. 129. RCW 75.44.100, 75.44.110, 75.44.120, 75.44.130, 75.44.140, and 75.44.150 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 130. RCW 75.46.005, 75.46.010, 75.46.020, 75.46.030, 75.46.040, 75.46.050, 75.46.060, 75.46.070, 75.46.080, 75.46.090, 75.46.100, 75.46.110, 75.46.120, 75.46.130, 75.56.050, and 75.46.900 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 131. RCW 75.48.020, 75.48.040, 75.48.050, 75.48.060, 75.48.070, 75.48.080, 75.48.100, and 75.48.110 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 132. RCW 75.50.010, 75.50.020, 75.50.030, 75.50.040, 75.50.060, 75.50.070, 75.50.080, 75.50.090, 75.50.100, 75.50.105, 75.50.110, 75.50.115, 75.50.125, 75.50.130, 75.50.150, 75.50.160, 75.50.165, 75.50.170, 75.50.180, 75.50.190, 75.08.245, 75.08.400, 75.08.410, 75.08.420, 75.08.430, 75.08.440, 75.08.450, 75.08.500, 75.08.510, 75.08.520, 75.08.530, and 75.50.900 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 133. RCW 75.52.010, 75.52.020, 75.52.030, 75.52.035, 75.52.040, 75.52.050, 75.52.060, 75.52.070, 75.08.047, 75.52.080, 75.52.100, 75.52.110, 75.52.120, 75.52.130, 75.52.140, 75.52.150, 75.52.160, and 75.52.900 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 134. RCW 75.54.005, 75.54.010, 75.54.020, 75.54.030, 75.54.040, 75.54.050, 75.54.060, 75.54.070, 75.54.080, 75.54.090, 75.54.100, 75.54.110, 75.54.120, 75.54.130, 75.54.140, 75.54.150, 75.54.900, and 75.54.901 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 135. RCW 75.56.010, 75.56.020, 75.56.030, 75.56.040, 75.56.900, and 75.56.905 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 136. RCW 75.58.010, 75.58.020, 75.58.030, and 75.58.040 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 137. RCW 75.25.092 is recodified as a new section in chapter 77.32 RCW.


             NEW SECTION. Sec. 138. RCW 75.10.150 is recodified as a new section in chapter 77.15 RCW.


             NEW SECTION. Sec. 139. RCW 75.25.901, 75.25.902, 75.30.055, 75.98.005, 75.98.006, 75.98.007, and 75.98.030 are each decodified.


PART II

TITLE 77

Amendments


             Sec. 201. RCW 77.04.010 and 1990 c 84 s 1 are each amended to read as follows:

             This title is known and may be cited as "Fish and Wildlife Code of the State of Washington."


             Sec. 202. RCW 77.04.020 and 1996 c 267 s 32 are each amended to read as follows:

             The department consists of the state fish and wildlife commission and the director. ((The director is responsible for the administration and operation of the department, subject to the provisions of this title.)) The commission may delegate to the director any of the powers and duties vested in the commission. ((The director shall perform the duties prescribed by law and shall carry out the basic goals and objectives prescribed under RCW 77.04.055.))


             Sec. 203. RCW 77.04.030 and 1994 c 264 s 52 are each amended to read as follows:

             The fish and wildlife commission consists of nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at-large ((effective July 1, 1993; one of whom shall serve a one and one-half year term to end December 31, 1994; one of whom shall serve a three and one-half year term to end December 31, 1996; and one of whom shall serve a five and one-half year term to end December 31, 1998. Thereafter all members are to serve a six-year term)). No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.


             Sec. 204. RCW 77.04.055 and 1995 1st sp.s. c 2 s 4 are each amended to read as follows:

             (1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:

             (a) Review and prescribe basic goals and objectives related to those policies; and

             (b) Review the performance of the department in implementing fish and wildlife policies.

             The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.

             (2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.

             (3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 75.08.080 (as recodified by this act).

             (4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.

             (5) The commission shall adopt rules to implement the state's fish and wildlife laws.

             (6) The commission shall have final approval authority for the department's budget proposals.

             (7) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission.


             Sec. 205. RCW 77.04.080 and 1995 1st sp.s. c 2 s 5 are each amended to read as follows:

             Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of fish and wildlife. The director shall supervise the administration and operation of the department and perform the duties prescribed by law and delegated by the commission. The director shall carry out the basic goals and objectives prescribed under RCW 77.04.055. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.

             Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry. The director shall receive the salary fixed by the governor under RCW 43.03.040.

             The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.

             ((The director may appoint and employ necessary departmental personnel. The director may delegate to department personnel the duties and powers necessary for efficient operation and administration of the department.))


             Sec. 206. RCW 77.04.100 and 1993 sp.s. c 2 s 65 are each amended to read as follows:

             The director shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 75.08.020(3) (as recodified by this act).


             Sec. 207. RCW 77.08.010 and 1998 c 190 s 111 are each amended to read as follows:

             As used in this title ((or Title 75 RCW)) or rules adopted ((pursuant to those)) under this title((s)), unless the context clearly requires otherwise:

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

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

             (3) "Commission" means the state fish and wildlife commission.

             (4) "Person" means and includes an individual((,)); a corporation((,)); a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

             (5) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.

             (6) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

             (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

             (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

             (9) "To fish," "to harvest," and "to take," and ((its)) their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.

             (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, ((or)) game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, or possess by rule of the commission. "Open season" includes the first and last days of the established time.

             (11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, or game fish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, or possess by rule of the commission as an open season.

             (12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

             (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

             (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

             (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

             (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

             (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

             (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

             (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

             (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

             (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

             (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

             (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

             (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

             (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

             (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

             (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

             (28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.

             (29) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.

             (30) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

             (31) "Senior" means a person seventy years old or older.

             (32) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.

             (33) "Saltwater" means those marine waters seaward of river mouths.

             (34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

             (35) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

             (36) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

             (37) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

             (38) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.

             (39) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

             (40) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

             (41) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

             (42) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

             (43) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

             (44) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.

             (45) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.

             (46) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW (as recodified by this act).

             (47) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.


             NEW SECTION. Sec. 208. A new section is added to chapter 77.08 RCW to read as follows:

             "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. The term "food fish" includes all stages of development and the bodily parts of food fish species.


             NEW SECTION. Sec. 209. A new section is added to chapter 77.08 RCW to read as follows:

             "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020, and includes:

 

Scientific Name                               Common Name

 

Oncorhynchus tshawytscha                                                         Chinook salmon

Oncorhynchus kisutch                     Coho salmon

Oncorhynchus keta                          Chum salmon

Oncorhynchus gorbuscha                                                         Pink salmon

Oncorhynchus nerka                        Sockeye salmon


             Sec. 210. RCW 77.12.010 and 1985 c 438 s 1 are each amended to read as follows:

             ((Wildlife is the property of the state. The department shall preserve, protect, and perpetuate wildlife. Game animals, game birds, and game fish may be taken only at times or places, or in manners or quantities as in the judgment of the commission maximizes public recreational opportunities without impairing the supply of wildlife.))

             The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives. ((The commission shall attempt to maximize the public recreational fishing opportunities of all citizens, particularly juvenile, handicapped, and senior citizens.

             Nothing contained herein shall be construed to infringe on the right of a private property owner to control the owner's private property.))


             Sec. 211. RCW 77.12.035 and 1995 c 370 s 1 are each amended to read as follows:

             The ((department)) commission shall protect grizzly bears and develop management programs on publicly owned lands that will encourage the natural regeneration of grizzly bears in areas with suitable habitat. Grizzly bears shall not be transplanted or introduced into the state. Only grizzly bears that are native to Washington state may be utilized by the department for management programs. The department is directed to fully participate in all discussions and negotiations with federal and state agencies relating to grizzly bear management and shall fully communicate, support, and implement the policies of this section.


             Sec. 212. RCW 77.12.055 and 1998 c 190 s 112 are each amended to read as follows:

             (1) Fish and wildlife officers and ex officio fish and wildlife officers shall enforce this title, ((Title 75 RCW,)) rules of the department, and other statutes as prescribed by the legislature. However, when acting within the scope of these duties and when an offense occurs in the presence of the fish and wildlife officer who is not an ex officio fish and wildlife officer, the fish and wildlife officer may enforce all criminal laws of the state. The fish and wildlife officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a course approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

             (2) Fish and wildlife officers are peace officers.

             (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency.

             (4) Fish and wildlife officers may serve and execute warrants and processes issued by the courts.

             (5) Fish and wildlife officers may enforce RCW 79.01.805 and 79.01.810.

             (6) Fish and wildlife officers are authorized to enforce all provisions of chapter 88.02 RCW and any rules adopted under that chapter, and the provisions of RCW 43.51.400 and any rules adopted under that section.

             (7) To enforce the laws of this title ((and Title 75 RCW)), fish and wildlife officers may call to their aid any ex officio fish and wildlife officer or citizen and that person shall render aid.


             Sec. 213. RCW 77.12.080 and 1998 c 190 s 114 are each amended to read as follows:

             Fish and wildlife officers and ex officio fish and wildlife officers may arrest without warrant persons found violating the law or rules adopted pursuant to this title ((and Title 75 RCW)).


             Sec. 214. RCW 77.12.090 and 1998 c 190 s 115 are each amended to read as follows:

             Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, container, or conveyances, vehicles, packages, ((game baskets, game coats,)) or other receptacles for fish and wildlife ((,or tents, camps, or similar places))which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title ((or Title 75 RCW))and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property ((if authorized)) for forfeiture as authorized by law.


             Sec. 215. RCW 77.12.103 and 1993 sp.s. c 2 s 68 are each amended to read as follows:

             (1) The burden of proof of any exemption or exception to seizure or forfeiture of personal property involved with wildlife offenses is upon the person claiming it.

             (2) An authorized state, county, or municipal officer may be subject to civil liability under RCW 77.12.101 (as recodified by this act) for willful misconduct or gross negligence in the performance of his or her duties.

             (3) The director, the fish and wildlife commission, or the department may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with fish or wildlife offenses.


             Sec. 216. RCW 77.12.200 and 1987 c 506 s 28 are each amended to read as follows:

             The commission may authorize the director to acquire by gift, purchase, lease, or condemnation lands, buildings, waters, water rights, rights of way, or other necessary property for purposes consistent with this title, together with rights of way for access to the property so acquired. Except to clear title and acquire access rights of way, the power of condemnation may be exercised by the director only when an appropriation has been made by the legislature for the acquisition of a specific property.


             Sec. 217. RCW 77.12.204 and 1993 sp.s. c 4 s 6 are each amended to read as follows:

             The department of fish and wildlife shall implement practices necessary to meet the standards developed under RCW 79.01.295 on agency-owned and managed agricultural and grazing lands. The standards may be modified on a site-specific basis as necessary and as determined by the department of ((fisheries or)) fish and wildlife, for species that these agencies respectively manage, to achieve the goals established under RCW 79.01.295(1). Existing lessees shall be provided an opportunity to participate in any site-specific field review. Department agricultural and grazing leases issued after December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to RCW 79.01.295.

             This section shall in no way prevent the department of fish and wildlife from managing its lands to accomplish its statutory mandate pursuant to RCW 77.12.010, nor shall it prevent the department from managing its lands according to the provisions of RCW 77.12.210 or rules adopted pursuant to this chapter.


             Sec. 218. RCW 77.12.210 and 1987 c 506 s 30 are each amended to read as follows:

             The director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The director may adopt rules for the operation and maintenance of the property.

             The commission may authorize the director to sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department ((and may authorize the director)), and to sell or lease the department's real or personal property or grant concessions or rights of way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife fund: PROVIDED, That the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat.

             If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the director may dispose of that property if it is in the public interest.

             If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.

             Proceeds from the sales shall be deposited in the state wildlife fund.


             Sec. 219. RCW 77.12.220 and 1987 c 506 s 31 are each amended to read as follows:

             For purposes of this title, the commission may make agreements to obtain real or personal property or to transfer or convey property held by the state to the United States or its agencies or instrumentalities, ((political subdivisions)) units of local government of this state, public service companies, or other persons, if in the judgment of the commission and the attorney general the transfer and conveyance is consistent with public interest. For purposes of this section, "local government" means any city, town, county, special district, municipal corporation, or quasi-municipal corporation.

             If the commission agrees to a transfer or conveyance under this section or to a sale or return of real property under RCW 77.12.210, the director shall certify, with the attorney general, to the governor that the agreement has been made. The certification shall describe the real property. The governor then may execute and the secretary of state attest and deliver to the appropriate entity or person the instrument necessary to fulfill the agreement.


             Sec. 220. RCW 77.12.250 and 1980 c 78 s 42 are each amended to read as follows:

             The director, ((wildlife agents)) fish and wildlife officers, ex officio ((wildlife agents)) fish and wildlife officers, and department employees may enter upon lands or waters and remain there while performing their duties without liability for trespass. It is lawful for aircraft operated by the department to land and take off from beaches or waters of the state.


             Sec. 221. RCW 77.12.315 and 1987 c 506 s 40 are each amended to read as follows:

             If the director determines that a severe problem exists in an area of the state because deer and elk are being pursued, harassed, attacked or killed by dogs, the director may declare by emergency rule that an emergency exists and specify the area where it is lawful for fish and wildlife ((agents)) officers to take into custody or destroy the dogs if necessary. Fish and wildlife ((agents)) officers who take into custody or destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.


             Sec. 222. RCW 77.12.470 and 1980 c 78 s 63 are each amended to read as follows:

             To enforce RCW 77.12.480 and 77.12.490 (as recodified by this act), courts in the counties contiguous to the boundary waters, fish and wildlife ((agents)) officers, and ex officio fish and wildlife ((agents)) officers have jurisdiction over the boundary waters to the furthermost shoreline. This jurisdiction is concurrent with the courts and law enforcement officers of Idaho.


             Sec. 223. RCW 77.12.480 and 1980 c 78 s 64 are each amended to read as follows:

             The taking of wildlife from the boundary waters or islands of the Snake river shall be in accordance with the wildlife laws of the respective states. Fish and wildlife ((agents)) officers and ex officio fish and wildlife ((agents)) officers shall honor the license of either state and the right of the holder to take wildlife from the boundary waters and islands in accordance with the laws of the state issuing the license.


             Sec. 224. RCW 77.12.490 and 1980 c 78 s 65 are each amended to read as follows:

             The purpose of RCW 77.12.450 through 77.12.490 (as recodified by this act) is to avoid the conflict, confusion, and difficulty of locating the state boundary in or on the boundary waters and islands of the Snake river. These sections do not allow the holder of a Washington license to fish or hunt on the shoreline, sloughs, or tributaries on the Idaho side, nor allow the holder of an Idaho license to fish or hunt on the shoreline, sloughs, or tributaries on the Washington side.


             Sec. 225. RCW 77.12.610 and 1982 c 155 s 1 are each amended to read as follows:

             The purposes of RCW 77.12.610 through 77.12.630 ((and 77.16.610)) are to facilitate the department's gathering of biological data for managing wildlife resources of this state and to protect wildlife resources by assuring compliance with Title 77 RCW, and rules adopted thereunder, in a manner designed to minimize inconvenience to the public.


             Sec. 226. RCW 77.12.620 and 1982 c 155 s 2 are each amended to read as follows:

             The department is authorized to require hunters and fishermen occupying a motor vehicle approaching or entering a check station to stop and produce for inspection: (1) Any wildlife in their possession; (2) licenses, permits, tags, stamps, or ((punchcards)) catch record cards, required under Title 77 RCW, or rules adopted thereunder. For these purposes, the department is authorized to operate check stations which shall be plainly marked by signs, operated by at least one uniformed fish and wildlife ((agent)) officer, and operated in a safe manner.


             Sec. 227. RCW 77.12.630 and 1982 c 155 s 4 are each amended to read as follows:

             The powers conferred by RCW 77.12.610 through 77.12.630 ((and 77.16.610)) are in addition to all other powers conferred by law upon the department. Nothing in RCW 77.12.610 through 77.12.630 ((and 77.16.610)) shall be construed to prohibit the department from operating wildlife information stations at which persons shall not be required to stop and report, or from executing arrests, searches, or seizures otherwise authorized by law.


             Sec. 228. RCW 77.12.830 and 1997 c 425 s 3 are each amended to read as follows:

             (1) Beginning in January 1998, the department of fish and wildlife and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for hydraulic project approval or a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat.

             (2) A habitat incentives agreement shall be in writing and shall contain at least the following: A description of the property covered by the agreement, an expiration date, a description of the condition of the property prior to the implementation of the agreement, and other information needed by the landowner and the departments for future reference and decisions.

             (3) As part of the agreement, the department of fish and wildlife may stipulate the factors that will be considered when the department evaluates a landowner's application for hydraulic project approval under RCW 75.20.100 or 75.20.103 (as recodified by this act) on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of hydraulic project approval shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

             (4) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of fish and wildlife and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

             (5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the departments may jointly choose to retain the agreement on the property.

             (6) If the departments receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.


             Sec. 229. RCW 77.15.070 and 1998 c 190 s 69 are each amended to read as follows:

             (1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, gear, appliances, or other articles they have probable cause to believe have been used in violation of this chapter. However, fish and wildlife officers or ex officio fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing into court a cash bond equal to the value of the seized property but not more than twenty-five thousand dollars. Such cash bond is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property and is intended to be a remedial civil sanction.

             (2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.

             (3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state.

             (4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the director or director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars.

             (5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in Title 34 RCW. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the commission or director. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and:

             (a) That the property was not held with intent to violate or used in violation of this title ((or Title 75 RCW)); or

             (b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner's knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle.

             (6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge (([of])) of nor consented to the act or omission. No security interest in seized property may be perfected after seizure.

             (7) If seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the wildlife fund, as provided for in RCW 77.12.170.


             Sec. 230. RCW 77.15.080 and 1998 c 190 s 113 are each amended to read as follows:

             Based upon articulable facts that a person is engaged in fishing or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title ((and Title 75 RCW)).


             Sec. 231. RCW 77.15.090 and 1998 c 190 s 117 are each amended to read as follows:

             On a showing of probable cause that there has been a violation of any fish or wildlife law of the state of Washington, or upon a showing of probable cause to believe that evidence of such violation may be found at a place, a court shall issue a search warrant or arrest warrant. Fish and wildlife officers may execute any such arrest or search warrant reasonably necessary to their duties under this title ((or Title 75 RCW)) and may seize fish and wildlife or any evidence of a crime and the fruits or instrumentalities of a crime as provided by warrant. The court may have a building, enclosure, vehicle, vessel, container, or receptacle opened or entered and the contents examined.


             Sec. 232. RCW 77.15.100 and 1998 c 190 s 63 are each amended to read as follows:

             (1) Unless otherwise provided in this title ((or Title 75 RCW)), fish, shellfish, or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the state upon conviction. Unless already held by, sold, destroyed, or disposed of by the department, the court shall order such fish or wildlife to be delivered to the department. Where delay will cause loss to the value of the property and a ready wholesale buying market exists, the department may sell property to a wholesale buyer at a fair market value.

             (2) ((The department may use, sell, or destroy any other)) When seized property is forfeited ((by the court or)) to the department, the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release the property to the agency for the use of enforcing this title, or sell such property and deposit the proceeds into the state wildlife fund established under RCW 77.12.170. Any sale of other property shall be at public auction or after public advertisement reasonably designed to obtain the highest price. The time, place, and manner of holding the sale shall be determined by the director. The director may contract for the sale to be through the department of general administration as state surplus property, or, except where not justifiable by the value of the property, the director shall publish notice of the sale once a week for at least two consecutive weeks before the sale in at least one newspaper of general circulation in the county in which the sale is to be held. ((Proceeds of the sale shall be deposited in the state treasury to be credited to the state wildlife fund.))


             Sec. 233. RCW 77.15.120 and 1998 c 190 s 13 are each amended to read as follows:

             (1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, maliciously harasses or kills fish or wildlife, or maliciously destroys the nests or eggs of fish or wildlife and the fish or wildlife is designated by the commission as endangered, and the taking has not been authorized by rule of the commission.

             (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:

             (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the killing, possessing, harassing, or harming of endangered fish or wildlife; and

             (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.

             (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.

             (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title ((and Title 75 RCW)) to be suspended for two years.


             Sec. 234. RCW 77.15.160 and 1998 c 190 s 17 are each amended to read as follows:

             A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person:

             (1) Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW ((75.25.190 or 77.32.050)) 77.32.430, or required by rule of the commission under this title ((or Title 75 RCW)); or

             (2) Fishes for personal use using barbed hooks in violation of any rule; or

             (3) Violates any other rule of the commission or director that is designated by rule as an infraction.


             NEW SECTION. Sec. 235. A new section is added to chapter 77.15 RCW to read as follows:

             Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys' fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section.


             Sec. 236. RCW 77.15.300 and 1998 c 190 s 52 are each amended to read as follows:

             (1) A person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and:

             (a) Fails to have a hydraulic project approval required under chapter 75.20 RCW (as recodified by this act) for such construction or work; or

             (b) Violates any requirements or conditions of the hydraulic project approval for such construction or work.

             (2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.


             Sec. 237. RCW 77.15.310 and 1998 c 190 s 53 are each amended to read as follows:

             (1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:

             (a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by RCW 75.20.040 ((or 77.16.220)) (as recodified by this act); or

             (b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake.

             (2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.


             Sec. 238. RCW 77.15.320 and 1998 c 190 s 54 are each amended to read as follows:

             (1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and:

             (a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by RCW 75.20.060 (as recodified by this act);

             (b) Fails to maintain a fishway in efficient operating condition; or

             (c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish.

             (2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense.


             Sec. 239. RCW 77.15.350 and 1998 c 190 s 58 are each amended to read as follows:

             (1) A person is guilty of violating a rule regarding inspection and disease control of aquatic farms if the person:

             (a) Violates any rule adopted under chapter 75.58 RCW (as recodified by this act) regarding the inspection and disease control program for an aquatic farm; or

             (b) Fails to register or report production from an aquatic farm as required by chapter 75.58 RCW (as recodified by this act).

             (2) A violation of a rule regarding inspection and disease control of aquatic farms is a misdemeanor.


             Sec. 240. RCW 77.15.360 and 1998 c 190 s 61 are each amended to read as follows:

             (1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title ((or Title 75 RCW)), including but not limited to interfering in the operation of department vehicles, vessels, or aircraft.

             (2) Unlawful interfering in department operations is a gross misdemeanor.


             Sec. 241. RCW 77.15.380 and 1998 c 190 s 18 are each amended to read as follows:

             (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:

             (a) The person does not have and possess the license or the catch record card required by chapter 75.25 (as recodified by this act) or 77.32 RCW for such activity; or

             (b) The action violates any rule of the commission or the director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in RCW 77.15.580.

             (2) Unlawful recreational fishing in the second degree is a misdemeanor.


             Sec. 242. RCW 77.15.390 and 1998 c 190 s 20 are each amended to read as follows:

             (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:

             (a) The person does not have and possess the license required by chapter 75.25 RCW (as recodified by this act) for taking seaweed; or

             (b) The action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.

             (2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.


             Sec. 243. RCW 77.15.470 and 1998 c 190 s 29 are each amended to read as follows:

             (1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to:

             (a) Obey check station signs;

             (b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer; or

             (c) Produce for inspection upon request by a fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title ((or Title 75 RCW)).

             (2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor.

             (3) Wildlife check stations may not be established upon interstate highways or state routes.


             Sec. 244. RCW 77.15.480 and 1980 c 78 s 27 are each amended to read as follows:

             Articles or devices unlawfully used, possessed, or maintained for catching, taking, killing, attracting, or decoying wildlife are public nuisances. If necessary, fish and wildlife ((agents)) officers and ex officio fish and wildlife ((agents)) officers may seize, abate, or destroy these public nuisances without warrant or process.


             Sec. 245. RCW 77.15.500 and 1998 c 190 s 35 are each amended to read as follows:

             (1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers food fish, shellfish, or game fish while acting for commercial purposes and:

             (a) The person does not hold a fishery license or delivery license under chapter 75.28 RCW (as recodified by this act) for the food fish or shellfish; or

             (b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 75.28 RCW (as recodified by this act) for the food fish or shellfish.

             (2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and:

             (a) The violation involves taking, delivery, or possession of food fish or shellfish with a value of two hundred fifty dollars or more; or

             (b) The violation involves taking, delivery, or possession of food fish or shellfish from an area that was closed to the taking of such food fish or shellfish by any statute or rule.

             (3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor.

             (b) Commercial fishing without a license in the first degree is a class C felony.


             Sec. 246. RCW 77.15.530 and 1998 c 190 s 38 are each amended to read as follows:

             (1) A person who holds a fishery license required by chapter 75.28 RCW (as recodified by this act), or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 75.28 RCW (as recodified by this act), is guilty of unlawful use of a nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on the person's license, when vessel designation is required by chapter 75.28 RCW (as recodified by this act).

             (2) Unlawful use of a nondesignated vessel is a gross misdemeanor.

             (3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the commission, when a designated vessel is inoperative because of accidental damage or mechanical breakdown.

             (4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person's fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 75.28 RCW (as recodified by this act) for a period of one year.


             Sec. 247. RCW 77.15.540 and 1998 c 190 s 39 are each amended to read as follows:

             (1) A person who holds a fishery license required by chapter 75.28 RCW (as recodified by this act), or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 75.28 RCW (as recodified by this act), is guilty of unlawful use of a commercial fishery license if the person:

             (a) Does not have the commercial fishery license or operator's license in possession during fishing or delivery; or

             (b) Violates any rule of the department regarding the use, possession, display, or presentation of the person's license, decals, or vessel numbers.

             (2) Unlawful use of a commercial fishery license is a misdemeanor.


             Sec. 248. RCW 77.15.570 and 1998 c 190 s 49 are each amended to read as follows:

             (1) Except as provided in subsection (3) of this section, it is unlawful for a person who is not a treaty Indian fisherman to participate in the taking of fish or shellfish in a treaty Indian fishery, or to be on board a vessel, or associated equipment, operating in a treaty Indian fishery. A violation of this subsection is a gross misdemeanor.

             (2) A person who violates subsection (1) of this section with the intent of acting for commercial purposes, including any sale of catch, control of catch, profit from catch, or payment for fishing assistance, is guilty of a class C felony. Upon conviction, the department shall order revocation of any license and a one-year suspension of all commercial fishing privileges requiring a license under chapter 75.28 or 75.30 RCW (as recodified by this act).

             (3)(a) The spouse, forebears, siblings, children, and grandchildren of a treaty Indian fisherman may assist the fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.

             (b) Other treaty Indian fishermen with off-reservation treaty fishing rights in the same usual and accustomed places, whether or not the fishermen are members of the same tribe or another treaty tribe, may assist a treaty Indian fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.

             (c) Biologists approved by the department may be on board a vessel operating in a treaty Indian fishery.

             (4) For the purposes of this section:

             (a) "Treaty Indian fisherman" means a person who may exercise treaty Indian fishing rights as determined under United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon 1969), and post-trial orders of those courts;

             (b) "Treaty Indian fishery" means a fishery open to only treaty Indian fishermen by tribal or federal regulation;

             (c) "To participate" and its derivatives mean an effort to operate a vessel or fishing equipment, provide immediate supervision in the operation of a vessel or fishing equipment, or otherwise assist in the fishing operation, to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery.

             (5) A violation of this section constitutes illegal fishing and is subject to the suspensions provided for commercial fishing violations.


             Sec. 249. RCW 77.15.580 and 1998 c 190 s 50 are each amended to read as follows:

             (1) A person is guilty of unlawful use of a net to take fish in the second degree if the person:

             (a) Lays, sets, uses, or controls a net or other device or equipment capable of taking fish from the waters of this state, except if the person has a valid license for such fishing gear from the director under this title and is acting in accordance with all rules of the commission and director; or

             (b) Fails to return unauthorized fish to the water immediately while otherwise lawfully operating a net under a valid license.

             (2) A person is guilty of unlawful use of a net to take fish in the first degree if the person:

             (a) Commits the act described by subsection (1) of this section; and

             (b) The violation occurs within five years of entry of a prior conviction for a gross misdemeanor or felony under this title ((or Title 75 RCW)) involving fish, other than a recreational fishing violation, or involving unlawful use of nets.

             (3)(a) Unlawful use of a net to take fish in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any license held under this title ((or Title 75 RCW)) allowing commercial net fishing used in connection with the crime.

             (b) Unlawful use of a net to take fish in the first degree is a class C felony. Upon conviction, the department shall order a one-year suspension of all commercial fishing privileges requiring a license under this title ((or Title 75 RCW)).

             (4) Notwithstanding subsections (1) and (2) of this section, it is lawful to use a landing net to land fish otherwise legally hooked.


             Sec. 250. RCW 77.15.620 and 1998 c 190 s 43 are each amended to read as follows:

             (1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person:

             (a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer's license required by RCW 75.28.300(1) or 77.32.211 (as recodified by this act) for anadromous game fish;

             (b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer's or buying license required by RCW 75.28.300(2) or 77.32.211 (as recodified by this act) for anadromous game fish;

             (c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a wholesale dealer's license required by RCW 75.28.300(3) or 77.32.211 (as recodified by this act) for anadromous game fish; or

             (d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish and does not hold a wholesale dealer's license required by RCW 75.28.300(4) or 77.32.211 (as recodified by this act) for anadromous game fish.

             (2) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.

             (3) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves fish or shellfish worth two hundred fifty dollars or more. Engaging in fish dealing activity without a license in the first degree is a class C felony.


             Sec. 251. RCW 77.15.630 and 1998 c 190 s 44 are each amended to read as follows:

             (1) A person who holds a fish dealer's license required by RCW 75.28.300 (as recodified by this act), an anadromous game fish buyer's license required by RCW 77.32.211 (as recodified by this act), or a fish buyer's license required by RCW 75.28.340 (as recodified by this act) is guilty of unlawful use of fish buying and dealing licenses in the second degree if the person:

             (a) Possesses or receives fish or shellfish for commercial purposes worth less than two hundred fifty dollars; and

             (b) Fails to document such fish or shellfish with a fish-receiving ticket required by statute or rule of the department.

             (2) A person is guilty of unlawful use of fish buying and dealing licenses in the first degree if the person commits the act described by subsection (1) of this section and:

             (a) The violation involves fish or shellfish worth two hundred fifty dollars or more;

             (b) The person acted with knowledge that the fish or shellfish were taken from a closed area, at a closed time, or by a person not licensed to take such fish or shellfish for commercial purposes; or

             (c) The person acted with knowledge that the fish or shellfish were taken in violation of any tribal law.

             (3)(a) Unlawful use of fish buying and dealing licenses in the second degree is a gross misdemeanor.

             (b) Unlawful use of fish buying and dealing licenses in the first degree is a class C felony. Upon conviction, the department shall suspend all privileges to engage in fish buying or dealing for two years.


             Sec. 252. RCW 77.15.640 and 1998 c 190 s 45 are each amended to read as follows:

             (1) A person who holds a wholesale fish dealer's license required by RCW 75.28.300 (as recodified by this act), an anadromous game fish buyer's license required by RCW 77.32.211 (as recodified by this act), or a fish buyer's license required by RCW 75.28.340 (as recodified by this act) is guilty of violating rules governing wholesale fish buying and dealing if the person:

             (a) Fails to possess or display his or her license when engaged in any act requiring the license;

             (b) Fails to display or uses the license in violation of any rule of the department;

             (c) Files a signed fish-receiving ticket but fails to provide all information required by rule of the department; or

             (d) Violates any other rule of the department regarding wholesale fish buying and dealing.

             (2) Violating rules governing wholesale fish buying and dealing is a gross misdemeanor.


             Sec. 253. RCW 77.15.650 and 1998 c 190 s 59 are each amended to read as follows:

             (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title ((or Title 75 RCW)) and the person:

             (a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval;

             (b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year;

             (c) Uses or displays a license, permit, tag, or approval that was issued to another person;

             (d) Permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;

             (e) Acquires or holds a license while privileges for the license are revoked or suspended.

             (2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title ((or Title 75 RCW)) or a license authorizing fish or wildlife buying, trafficking, or wholesaling.

             (3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license.

             (b) Unlawful purchase or use of a license in the first degree is a class C felony. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for which the person unlawfully obtained, held, or used a license.

             (4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person. Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife.

             (5) Any license obtained in violation of this section is void upon issuance and is of no legal effect.


             Sec. 254. RCW 77.16.020 and 1998 c 190 s 119 are each amended to read as follows:

             For the purposes of establishing a season or bag limit restriction on Canada goose hunting, the ((department)) commission shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis).


             Sec. 255. RCW 77.16.360 and 1997 c 1 s 1 are each amended to read as follows:

             (1) Notwithstanding the provisions of RCW 77.12.240 ((and 77.12.265)) or other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.

             (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.

             (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.

             (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.

             (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.

             (2) Notwithstanding RCW 77.12.240 or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.

             (a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director ((under RCW 77.12.265)).

             (b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit of black bear, cougar, bobcat, or lynx for scientific purposes.

             (3) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and a hunting license shall not be issued for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.


             Sec. 256. RCW 77.17.020 and 1994 c 264 s 56 are each amended to read as follows:

             For purposes of Article VII of RCW 77.17.010 (as recodified by this act), the term "licensing authority," with reference to this state, means the department. The director is authorized to appoint a compact administrator.


             Sec. 257. RCW 77.18.010 and 1993 sp.s. c 2 s 76 are each amended to read as follows:

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

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

             (2))) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements.

             (((3))) (2) "Fish health requirements" means those site specific fish health and genetic requirements actually used by the department of fish and wildlife in fish stocking.

             (((4))) (3) "Aquatic farmer" means a private sector person who commercially farms and manages private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.

             (((5) "Person" means a natural person, corporation, trust, or other legal entity.))

             (4) "Warm water game fish" includes the following species: Bass, channel catfish, walleye, crappie, and other species as defined by the department.


             Sec. 258. RCW 77.21.090 and 1993 c 82 s 5 are each amended to read as follows:

             (1) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of a state that is a party to the wildlife violator compact under RCW 77.17.010 (as recodified by this act), the department shall suspend the violator's license privileges under this title until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the department. The department shall adopt by rule procedures for the timely notification and administrative review of such suspension of licensing privileges.

             (2) Upon receipt of a report of a conviction from the licensing authority of a state that is a party to the wildlife violator compact under RCW 77.17.010 (as recodified by this act), the department shall enter such conviction in its records and shall treat such conviction as if it occurred in the state of Washington for the purposes of suspension, revocation, or forfeiture of license privileges.


             Sec. 259. RCW 77.32.014 and 1998 c 191 s 8 are each amended to read as follows:

             (1) Licenses, tags, and stamps issued pursuant to this chapter shall be invalid for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order. Fish and wildlife officers and ex officio fish and wildlife officers shall enforce this section through checks of the department of licensing's computer data base. A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(((7))) (8) shall be prima facie evidence that the individual is in noncompliance with a support order. Presentation of a written release issued by the department of social and health services stating that the person is in compliance with an order shall serve as prima facie proof of compliance with a support order.

             (2) It is unlawful to purchase, obtain, or possess a license required by this chapter during any period in which a license is suspended.


             Sec. 260. RCW 77.32.199 and 1987 c 372 s 4 are each amended to read as follows:

             The ((commission)) director may revoke the trapper's license of a person placing unauthorized traps on private property and may remove those traps.


             Sec. 261. RCW 77.32.350 and 1998 c 191 s 25 are each amended to read as follows:

             In addition to a small game hunting license, a supplemental permit or stamp is required to hunt for western Washington pheasant or migratory birds.

             (1) A western Washington pheasant permit is required to hunt for pheasant in western Washington. Western Washington pheasant permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant. ((It is unlawful to harvest a western Washington pheasant without immediately recording this information on the permit.))

             (2) The permit shall be available as a season option, a youth full season option, or a three-day option. The fee for this permit is:

             (a) For the resident and nonresident full season option, thirty-six dollars;

             (b) For the youth full season option, eighteen dollars;

             (c) For the three-day option, twenty dollars.

             (3) A migratory bird stamp affixed to a hunting license designated by rule of the commission is required for all persons sixteen years of age or older to hunt migratory birds. The fee for the stamp for hunters is six dollars for residents and nonresidents. The fee for the stamp for collectors is six dollars.

             (4) The migratory bird stamp shall be validated by the signature of the licensee written across the face of the stamp.


             Sec. 262. RCW 77.32.380 and 1998 c 87 s 1 are each amended to read as follows:

             (1) Persons who enter upon or use clearly identified department improved access facilities with a motor vehicle may be required to display a current annual fish and wildlife lands vehicle use permit on the motor vehicle while within or while using an improved access facility. An "improved access facility" is a clearly identified area specifically created for motor vehicle parking, and includes any boat launch or boat ramp associated with the parking area, but does not include the department parking facilities at the Gorge Concert Center near George, Washington. The vehicle use permit is issued in the form of a decal. One decal shall be issued at no charge with each annual saltwater, freshwater, combination, small game hunting, big game hunting, and trapping license issued by the department. The annual fee for a fish and wildlife lands vehicle use permit, if purchased separately, is ten dollars. A person to whom the department has issued a decal or who has purchased a vehicle use permit separately may purchase a decal from the department for each additional vehicle owned by the person at a cost of five dollars per decal upon a showing of proof to the department that the person owns the additional vehicle or vehicles. Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities. ((Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities.))

             Youth groups may use department improved access facilities without possessing a vehicle use permit when accompanied by a vehicle use permit holder.

             The department may accept contributions into the state wildlife fund for the sound stewardship of fish and wildlife. Contributors shall be known as "conservation patrons" and, for contributions of twenty dollars or more, shall receive a fish and wildlife lands vehicle use permit free of charge.

             (2) The decal must be affixed in a permanent manner to the motor vehicle before entering upon or using the motor vehicle on a department improved access facility, and must be displayed on the rear window of the motor vehicle, or, if the motor vehicle does not have a rear window, on the rear of the motor vehicle.

             (3) Failure to display the fish and wildlife lands vehicle use permit if required by this section is an infraction under chapter 7.84 RCW, and department employees are authorized to issue a notice of infraction to the registered owner of any motor vehicle entering upon or using a department improved access facility without such a decal. The penalty for failure to display or improper display of the decal is sixty-six dollars.


             Sec. 263. RCW 77.32.420 and 1998 c 191 s 4 are each amended to read as follows:

             (((1))) Recreational licenses are not transferable. Upon request of a fish and wildlife officer, ex officio fish and wildlife officer, or authorized fish and wildlife employee, a person digging for, fishing for, or possessing shellfish, or seaweed or fishing for or possessing food fish or game fish for personal use shall exhibit the required recreational license and write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person does not have a license or is not the person named on the license.

             (((2) The personal use shellfish and seaweed license shall be visible on the licensee while harvesting shellfish or seaweed.))


Repealed Sections


             NEW SECTION. Sec. 264. The following acts or parts of acts are each repealed:

             (1) RCW 77.08.070 ("Raffle" defined) and 1996 c 101 s 4;

             (2) RCW 77.16.210 (Fishways to be provided and maintained) and 1980 c 78 s 88 & 1955 c 36 s 77.16.210;

             (3) RCW 77.16.220 (Diversion of water--Screen, bypass required) and 1998 c 190 s 122, 1980 c 78 s 89, & 1955 c 36 s 77.16.220;

             (4) RCW 77.16.290 (Law enforcement officers, exemption) and 1994 sp.s. c 7 s 444, 1980 c 78 s 95, & 1955 c 36 s 77.16.290;

             (5) RCW 77.16.340 (Obstructing the taking of fish or wildlife--Penalty--Defenses) and 1988 c 265 s 1;

             (6) RCW 77.16.350 (Obstructing the taking of fish or wildlife--Civil action) and 1988 c 265 s 2;

             (7) RCW 77.21.020 (Revocation of hunting license for big game violation--Subsequent issuance--Appeal) and 1998 c 191 s 35, 1987 c 506 s 70, 1980 c 78 s 124, & 1975 1st ex.s. c 6 s 1;

             (8) RCW 77.21.030 (Revocation for shooting person or livestock--Subsequent issuance) and 1998 c 191 s 36, 1987 c 506 s 71, 1980 c 78 s 123, & 1955 c 36 s 77.32.280;

             (9) RCW 77.21.070 (Illegal killing or possession of wildlife--Restitution to state--Amounts--Bail--License revoked) and 1997 c 226 s 2, 1989 c 11 s 28, 1987 c 506 s 74, 1986 c 318 s 1, 1984 c 258 s 336, & 1983 1st ex.s. c 8 s 3;

             (10) RCW 77.32.005 (Definitions) and 1998 c 191 s 6, 1989 c 305 s 17, 1980 c 78 s 102, 1961 c 94 s 1, & 1957 c 176 s 14;

             (11) RCW 77.32.060 (Licenses, permits, tags, stamps, and raffle tickets--Amount of fees to be retained by license dealers) and 1998 c 245 s 160, 1996 c 101 s 9, 1995 c 116 s 2, 1987 c 506 s 78, 1985 c 464 s 1, 1981 c 310 s 17, 1980 c 78 s 107, 1979 ex.s. c 3 s 3, 1970 ex.s. c 29 s 2, 1957 c 176 s 2, & 1955 c 36 s 77.32.060; and

             (12) RCW 77.44.020 (Species included in term "warm water game fish") and 1996 c 222 s 2.


Recodified Sections


             NEW SECTION. Sec. 265. RCW 77.04.100, 77.16.020, 77.16.095, and 77.21.080 are each recodified as sections in chapter 77.12 RCW.


             NEW SECTION. Sec. 266. RCW 77.12.080, 77.12.090, 77.12.095, 77.12.101, 77.12.103, 77.16.070, 77.16.360, and 77.21.090 are each recodified as sections in chapter 77.15 RCW.


             NEW SECTION. Sec. 267. RCW 77.12.530, 77.12.770, 77.12.780, 77.16.010, and 77.16.170 are each recodified as sections in chapter 77.32 RCW.


             NEW SECTION. Sec. 268. RCW 77.18.005, 77.18.010, 77.18.020, and 77.18.030 are recodified as sections in chapter 77.44 RCW."


             On page 1, line 1 of the title, after "wildlife;" strike the remainder of the title and insert "amending RCW 75.08.012, 75.08.020, 75.08.045, 75.08.055, 75.08.080, 75.08.206, 75.08.208, 75.08.230, 75.08.245, 75.10.150, 75.12.230, 75.20.061, 75.20.098, 75.20.100, 75.20.1001, 75.20.104, 75.20.1041, 75.20.106, 75.20.130, 75.20.320, 75.24.060, 75.24.065, 75.24.070, 75.24.100, 75.24.130, 75.25.092, 75.28.011, 75.28.020, 75.28.034, 75.28.042, 75.28.046, 75.28.047, 75.28.048, 75.28.055, 75.28.095, 75.28.110, 75.28.113, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.132, 75.28.133, 75.28.280, 75.28.290, 75.28.300, 75.28.323, 75.28.340, 75.28.730, 75.28.740, 75.28.760, 75.28.770, 75.28.780, 75.30.021, 75.30.050, 75.30.060, 75.30.065, 75.30.070, 75.30.090, 75.30.100, 75.30.120, 75.30.125, 75.30.130, 75.30.140, 75.30.170, 75.30.180, 75.30.210, 75.30.220, 75.30.250, 75.30.270, 75.30.280, 75.30.290, 75.30.300, 75.30.320, 75.30.330, 75.30.350, 75.30.370, 75.30.380, 75.30.390, 75.30.420, 75.30.440, 75.30.460, 75.30.470, 75.40.020, 75.40.110, 75.44.100, 75.44.120, 75.44.130, 75.44.150, 75.46.010, 75.46.040, 75.46.050, 75.46.070, 75.46.080, 75.46.090, 75.46.110, 75.46.120, 75.46.130, 75.48.100, 75.50.080, 75.50.105, 75.50.115, 75.50.160, 75.52.020, 75.52.050, 75.52.070, 75.52.100, 75.52.110, 75.52.130, 75.52.140, 75.52.160, 75.54.140, 75.54.150, 75.56.050, 75.58.010, 75.58.020, 75.58.030, 77.04.010, 77.04.020, 77.04.030, 77.04.055, 77.04.080, 77.04.100, 77.08.010, 77.12.010, 77.12.035, 77.12.055, 77.12.080, 77.12.090, 77.12.103, 77.12.200, 77.12.204, 77.12.210, 77.12.220, 77.12.250, 77.12.315, 77.12.470, 77.12.480, 77.12.490, 77.12.610, 77.12.620, 77.12.630, 77.12.830, 77.15.070, 77.15.080, 77.15.090, 77.15.100, 77.15.120, 77.15.160, 77.15.300, 77.15.310, 77.15.320, 77.15.350, 77.15.360, 77.15.380, 77.15.390, 77.15.470, 77.15.480, 77.15.500, 77.15.530, 77.15.540, 77.15.570, 77.15.580, 77.15.620, 77.15.630, 77.15.640, 77.15.650, 77.16.020, 77.16.360, 77.17.020, 77.18.010, 77.21.090, 77.32.014, 77.32.199, 77.32.350, 77.32.380, and 77.32.420; reenacting and amending RCW 75.50.100 and 75.50.110; adding new sections to chapter 77.04 RCW; adding new sections to chapter 77.08 RCW; adding new sections to chapter 77.12 RCW; adding new sections to chapter 77.15 RCW; adding new sections to chapter 77.32 RCW; adding new sections to chapter 77.44 RCW; adding new chapters to Title 77 RCW; recodifying RCW 75.08.012, 75.08.013, 75.08.020, 75.08.090, 75.08.110, 75.08.025, 75.08.040, 75.08.045, 75.08.055, 75.08.058, 75.08.065, 75.08.070, 75.08.080, 75.08.120, 75.08.160, 75.08.206, 75.08.208, 75.08.230, 75.08.235, 75.08.255, 75.08.265, 75.08.285, 75.08.295, 75.08.300, 75.12.010, 75.12.015, 75.12.040, 75.12.132, 75.12.140, 75.12.155, 75.12.210, 75.12.230, 75.12.390, 75.12.440, 75.12.650, 75.20.005, 75.20.015, 75.20.025, 75.20.040, 75.20.050, 75.20.060, 75.20.061, 75.20.090, 75.20.098, 75.20.100, 75.20.1001, 75.20.103, 75.20.104, 75.20.1041, 75.20.106, 75.20.108, 75.20.110, 75.20.130, 75.20.140, 75.20.150, 75.20.160, 75.20.170, 75.20.180, 75.20.190, 75.20.310, 75.20.320, 75.20.325, 75.20.330, 75.20.340, 75.20.350, 77.12.830, 75.24.010, 75.24.030, 75.24.060, 75.24.065, 75.24.070, 75.24.080, 75.24.100, 75.24.110, 75.24.120, 75.24.130, 75.24.140, 75.24.150, 75.28.010, 75.28.011, 75.28.014, 75.28.020, 75.28.030, 75.28.034, 75.28.040, 75.28.042, 75.28.044, 75.28.045, 75.28.046, 75.28.047, 75.28.048, 75.28.055, 75.28.095, 75.28.110, 75.28.113, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.132, 75.28.133, 75.28.280, 75.28.290, 75.28.295, 75.28.300, 75.28.302, 75.28.305, 75.28.315, 75.28.323, 75.28.328, 75.28.340, 75.28.690, 75.28.700, 75.28.710, 75.28.720, 75.28.730, 75.28.740, 75.28.750, 75.28.760, 75.28.770, 75.28.780, 75.28.900, 77.32.191, 77.32.197, 77.32.199, 77.32.211, 75.30.015, 75.30.021, 75.30.050, 75.30.060, 75.30.065, 75.30.070, 75.30.090, 75.30.100, 75.30.120, 75.30.125, 75.30.130, 75.30.140, 75.30.170, 75.30.180, 75.30.210, 75.30.220, 75.30.230, 75.30.240, 75.30.250, 75.30.260, 75.30.270, 75.30.280, 75.30.290, 75.30.300, 75.30.310, 75.30.320, 75.30.330, 75.30.350, 75.30.360, 75.30.370, 75.30.380, 75.30.390, 75.30.410, 75.30.420, 75.30.430, 75.30.440, 75.30.450, 75.30.460, 75.30.470, 75.30.480 75.40.010, 75.40.020, 75.40.030, 75.40.040, 75.40.100, 75.40.110, 77.17.010, 77.17.020, 77.17.030, 77.12.450, 77.12.470, 77.12.480, 77.12.490, 75.40.060, 77.12.430, 77.12.440, 75.44.100, 75.44.110, 75.44.120, 75.44.130, 75.44.140, 75.44.150, 75.46.005, 75.46.010, 75.46.020, 75.46.030, 75.46.040, 75.46.050, 75.46.060, 75.46.070, 75.46.080, 75.46.090, 75.46.100, 75.46.110, 75.46.120, 75.46.130, 75.56.050, 75.46.900, 75.48.020, 75.48.040, 75.48.050, 75.48.060, 75.48.070, 75.48.080, 75.48.100, 75.48.110, 75.50.010, 75.50.020, 75.50.030, 75.50.040, 75.50.060, 75.50.070, 75.50.080, 75.50.090, 75.50.100, 75.50.105, 75.50.110, 75.50.115, 75.50.125, 75.50.130, 75.50.150, 75.50.160, 75.50.165, 75.50.170, 75.50.180, 75.50.190, 75.08.245, 75.08.400, 75.08.410, 75.08.420, 75.08.430, 75.08.440, 75.08.450, 75.08.500, 75.08.510, 75.08.520, 75.08.530, 75.50.900, 75.52.010, 75.52.020, 75.52.030, 75.52.035, 75.52.040, 75.52.050, 75.52.060, 75.52.070, 75.08.047, 75.52.080, 75.52.100, 75.52.110, 75.52.120, 75.52.130, 75.52.140, 75.52.150, 75.52.160, 75.52.900, 75.54.005, 75.54.010, 75.54.020, 75.54.030, 75.54.040, 75.54.050, 75.54.060, 75.54.070, 75.54.080, 75.54.090, 75.54.100, 75.54.110, 75.54.120, 75.54.130, 75.54.140, 75.54.150, 75.54.900, 75.54.901, 75.56.010, 75.56.020, 75.56.030, 75.56.040, 75.56.900, 75.56.905, 75.58.010, 75.58.020, 75.58.030, 75.58.040, 75.25.092, 75.10.150, 77.04.100, 77.16.020, 77.16.095, 77.21.080, 77.12.080, 77.12.090, 77.12.095, 77.12.101, 77.12.103, 77.16.070, 77.16.360, 77.21.090, 77.12.530, 77.12.770, 77.12.780, 77.16.010, 77.16.170, 77.18.005, 77.18.010, 77.18.020, and 77.18.030; decodifying RCW 75.25.901, 75.25.902, 75.30.055, 75.98.005, 75.98.006, 75.98.007, and 75.98.030; and repealing RCW 75.08.010, 75.08.011, 75.08.014, 75.08.035, 75.08.274, 75.10.070, 75.10.160, 75.25.090, 75.25.160, 75.25.210, 75.28.012, 75.28.335, 75.30.160, 77.08.070, 77.16.210, 77.16.220, 77.16.290, 77.16.340, 77.16.350, 77.21.020, 77.21.030, 77.21.070, 77.32.005, 77.32.060, and 77.44.020."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Engrossed Substitute House Bill No. 2078 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 6, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1299 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 9.94A.150 and 1996 c 199 s 2 are each amended to read as follows:

             No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

             (1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department, may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned early release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. In the case of an offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both, shall not receive any good time credits or earned early release time for that portion of his or her sentence that results from any deadly weapon enhancements. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case shall the aggregate earned early release time exceed one-third of the total sentence;

             (2) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, vehicular homicide, vehicular assault, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section;

             (3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;

             (4)(a) The secretary of corrections may authorize an extraordinary medical placement for an offender when all of the following conditions exist:

             (i) The offender has a medical condition that is serious enough to require costly care or treatment;

             (ii) The offender poses a low risk to the community because he or she is physically incapacitated due to age or the medical condition; and

             (iii) Granting the extraordinary medical placement will result in a cost savings to the state.

             (b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement under this subsection.

             (c) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.

             (d) The secretary may revoke an extraordinary medical placement under this subsection at any time.

             (5) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

             (((5))) (6) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing himself or herself in the community;

             (((6))) (7) The governor may pardon any offender;

             (((7))) (8) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and

             (((8))) (9) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.160.

             Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.120(4) as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.120(4).


             Sec. 2. RCW 9.94A.120 and 1998 c 260 s 3 are each amended to read as follows:

             When a person is convicted of a felony, the court shall impose punishment as provided in this section.

             (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

             (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

             (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except: (a) In the case of an offender in need of emergency medical treatment ((or)); (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.150(4).

             (5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

             (a) Devote time to a specific employment or occupation;

             (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

             (c) Pursue a prescribed, secular course of study or vocational training;

             (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (e) Report as directed to the court and a community corrections officer; or

             (f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

             (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

             (i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

             (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

             (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

             (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

             (i) Devote time to a specific employment or training;

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

             (iii) Report as directed to a community corrections officer;

             (iv) Pay all court-ordered legal financial obligations;

             (v) Perform community service work;

             (vi) Stay out of areas designated by the sentencing judge.

             (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

             (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

             (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

             The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

             The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

             (A) Frequency and type of contact between offender and therapist;

             (B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

             (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

             (D) Anticipated length of treatment; and

             (E) Recommended crime-related prohibitions.

             The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

             (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sex offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

             (A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section;

             (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

             (I) Devote time to a specific employment or occupation;

             (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (III) Report as directed to the court and a community corrections officer;

             (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

             (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; and

             (C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned early release time while serving a suspended sentence.

             (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

             (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.

             (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

             (vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.

             (vii) Except as provided in (a)(viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

             (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

             (ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

             (x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

             (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

             Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

             (i) Devote time to a specific employment or occupation;

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (iii) Report as directed to the court and a community corrections officer;

             (iv) Undergo available outpatient treatment.

             If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

             Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

             (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

             (9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

             (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

             (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

             (ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

             (iii) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

             (iv) The offender shall pay supervision fees as determined by the department of corrections;

             (v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and

             (vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

             (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

             (i) The offender shall remain within, or outside of, a specified geographical boundary;

             (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

             (iii) The offender shall participate in crime-related treatment or counseling services;

             (iv) The offender shall not consume alcohol;

             (v) The offender shall comply with any crime-related prohibitions; or

             (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

             (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

             (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2).

             (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section.

             (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

             (11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

             (12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

             (13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

             (14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

             (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

             (b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.

             The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

             (15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

             (17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

             (18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

             (19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

             (20) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

             (21) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

             (22) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.


             Sec. 3. RCW 9.94A.310 and 1998 c 235 s 1 and 1998 c 211 s 3 are each reenacted and amended to read as follows:

 

             (1)                                                                 TABLE 1

 

Sentencing Grid

 

SERIOUSNESS

SCORE                                               OFFENDER SCORE

                                                                                                                                                          9 or

               0             1             2             3             4             5             6             7             8             more

                                                                                                                                                                                       

XV         Life Sentence without Parole/Death Penalty

                                                                                                                                                                                       

XIV        23y4m    24y4m    25y4m    26y4m    27y4m    28y4m    30y4m    32y10m  36y         40y

               240-        250-        261-        271-        281-        291-        312-        338-        370-        411-

               320         333         347         361         374         388         416         450         493         548

                                                                                                                                                                                       

XIII        14y4m    15y4m    16y2m    17y         17y11m  18y9m    20y5m    22y2m    25y7m 29y

               123-        134-        144-        154-        165-        175-        195-        216-        257-        298-

               220         234         244         254         265         275         295         316         357         397

                                                                                                                                                                                       

XII         9y           9y11m    10y9m    11y8m    12y6m    13y5m    15y9m    17y3m    20y3m    23y3m

               93-          102-        111-        120-        129-        138-        162-        178-        209-        240-

               123         136         147         160         171         184         216         236         277         318

                                                                                                                                                                                       

XI           7y6m      8y4m      9y2m      9y11m    10y9m    11y7m    14y2m    15y5m    17y11m  20y5m

               78-          86-          95-          102-        111-        120-        146-        159-        185-        210-

               102         114         125         136         147         158         194         211         245         280

                                                                                                                                                                                       

X            5y           5y6m      6y           6y6m      7y           7y6m      9y6m      10y6m    12y6m    14y6m

               51-          57-          62-          67-          72-          77-          98-          108-        129-        149-

               68           75           82           89           96           102         130         144         171         198

                                                                                                                                                                                       

IX           3y           3y6m      4y           4y6m      5y           5y6m      7y6m      8y6m      10y6m    12y6m

               31-          36-          41-          46-          51-          57-          77-          87-          108-        129-

               41           48           54           61           68           75           102         116         144         171

                                                                                                                                                                                       

VIII        2y           2y6m      3y           3y6m      4y           4y6m      6y6m      7y6m      8y6m      10y6m

               21-          26-          31-          36-          41-          46-          67-          77-          87-          108-

               27           34           41           48           54           61           89           102         116         144

                                                                                                                                                                                       

VII         18m        2y           2y6m      3y           3y6m      4y           5y6m      6y6m      7y6m      8y6m

               15-          21-          26-          31-          36-          41-          57-          67-          77-          87-

               20           27           34           41           48           54           75           89           102         116

                                                                                                                                                                                       

VI           13m        18m        2y           2y6m      3y           3y6m      4y6m      5y6m      6y6m      7y6m

               12+-       15-          21-          26-          31-          36-          46-          57-          67-          77-

               14          20           27           34           41           48           61           75           89           102

                                                                                                                                                                                       

V            9m          13m        15m        18m        2y2m      3y2m      4y           5y           6y           7y

               6-            12+-       13-          15-          22-          33-          41-          51-          62-          72-

               12           14           17           20           29           43           54           68           82           96

                                                                                                                                                                                       

IV           6m          9m          13m        15m        18m        2y2m      3y2m      4y2m      5y2m      6y2m

               3-            6-            12+-       13-          15-          22-          33-          43-          53-          63-

               9             12           14           17           20           29           43           57           70           84

                                                                                                                                                                                       

III           2m          5m          8m          11m        14m        20m        2y2m      3y2m      4y2m      5y

               1-            3-            4-            9-            12+-       17-          22-          33-          43-          51-

               3             8             12           12           16           22           29           43           57           68

                                                                                                                                                                                       

II                            4m          6m          8m          13m        16m        20m        2y2m      3y2m      4y2m

               0-90        2-            3-            4-            12+-       14-          17-          22-          33-          43-

               Days       6             9             12           14           18           22           29           43           57

                                                                                                                                                                                       

I                                             3m          4m          5m          8m          13m        16m        20m        2y2m

               0-60        0-90        2-            2-            3-            4-            12+-       14-          17-          22-

               Days       Days       5             6             8             12           14          18           22           29

                                                                                                                                                                                       

 

NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

             (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

             (3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

             (a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

             (b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

             (c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

             (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.

             (e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.150(4).

             (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

             (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

             (4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

             (a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

             (b) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

             (c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

             (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.

             (e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.150(4).

             (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

             (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030. If the addition of a deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

             (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section:

             (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410;

             (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v);

             (c) Twelve months for offenses committed under RCW 69.50.401(d).

             For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

             (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.

             (7) An additional two years shall be added to the presumptive sentence for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.


             Sec. 4. RCW 9.95.040 and 1993 c 144 s 4 and 1993 c 140 s 1 are each reenacted and amended to read as follows:

             The board shall fix the duration of confinement for persons committed by the court before July 1, 1986, for crimes committed before July 1, 1984. Within six months after the admission of the convicted person to a state correctional facility, the board shall fix the duration of confinement. The term of imprisonment so fixed shall not exceed the maximum provided by law for the offense of which the person was convicted or the maximum fixed by the court where the law does not provide for a maximum term.

             Subject to RCW 9.95.047, the following limitations are placed on the board or the court for persons committed to a state correctional facility on or after July 1, 1986, for crimes committed before July 1, 1984, with regard to fixing the duration of confinement in certain cases, notwithstanding any provisions of law specifying a lesser sentence:

             (1) For a person not previously convicted of a felony but armed with a deadly weapon at the time of the commission of the offense, the duration of confinement shall not be fixed at less than five years.

             (2) For a person previously convicted of a felony either in this state or elsewhere and who was armed with a deadly weapon at the time of the commission of the offense, the duration of confinement shall not be fixed at less than seven and one-half years.

             The words "deadly weapon," as used in this section include, but are not limited to, any instrument known as a blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.

             (3) For a person convicted of being an habitual criminal within the meaning of the statute which provides for mandatory life imprisonment for such habitual criminals, the duration of confinement shall not be fixed at less than fifteen years.

             (4) Any person convicted of embezzling funds from any institution of public deposit of which the person was an officer or stockholder, the duration of confinement shall be fixed at not less than five years.

             Except when an inmate of a state correctional facility has been convicted of murder in the first or second degree, the board may parole an inmate prior to the expiration of a mandatory minimum term, provided such inmate has demonstrated a meritorious effort in rehabilitation and at least two-thirds of the board members concur in such action: PROVIDED, That any inmate who has a mandatory minimum term and is paroled prior to the expiration of such term according to the provisions of this chapter shall not receive a conditional release from supervision while on parole until after the mandatory minimum term has expired.

             An inmate serving a sentence fixed under this chapter, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the secretary of corrections when authorized under RCW 9.94A.150(4).


             Sec. 5. RCW 46.61.5055 and 1998 c 215 s 1, 1998 c 214 s 1, 1998 c 211 s 1, 1998 c 210 s 4, 1998 c 207 s 1 and 1998 c 206 s 1 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 seven 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. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; 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. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; 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 seven 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 and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring 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 and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring 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 seven 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 and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring 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 and one hundred fifty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring 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 the following:

             (a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property; and

             (b) Whether the person was driving or in physical control of a vehicle with one or more passengers at the time of the offense.

             (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 five 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) An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.150(4).

             (9) For purposes of this section:

             (a) "Electronic home monitoring" shall not be considered confinement as defined in RCW 9.94A.030;

             (b) 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, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

             (vi) An out-of-state conviction for a violation that would have been a violation of (b)(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; and

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


             Sec. 6. RCW 69.50.410 and 1975-'76 2nd ex.s. c 103 s 1 are each amended to read as follows:

             (1) Except as authorized by this chapter it shall be unlawful for any person to sell for profit any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana.

             For the purposes of this section only, the following words and phrases shall have the following meanings:

             (a) "To sell" means the passing of title and possession of a controlled substance from the seller to the buyer for a price whether or not the price is paid immediately or at a future date.

             (b) "For profit" means the obtaining of anything of value in exchange for a controlled substance.

             (c) "Price" means anything of value.

             (2) Any person convicted of a violation of subsection (1) of this section shall receive a sentence of not more than five years in a correctional facility of the department of social and health services for the first offense. Any person convicted on a second or subsequent cause, the sale having transpired after prosecution and conviction on the first cause, of subsection (1) of this section shall receive a mandatory sentence of five years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for the second or subsequent violation of subsection (1) of this section.

             (3) Any person convicted of a violation of subsection (1) of this section by selling heroin shall receive a mandatory sentence of two years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for such violation. Any person convicted on a second or subsequent sale of heroin, the sale having transpired after prosecution and conviction on the first cause of the sale of heroin shall receive a mandatory sentence of ten years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for this second or subsequent violation: PROVIDED, That the indeterminate sentence review board ((of prison terms and paroles)) under RCW 9.95.040 shall not reduce the minimum term imposed for a violation under this subsection.

             (4) Whether or not a mandatory minimum term has expired, an offender serving a sentence under this section may be granted an extraordinary medical placement when authorized under RCW 9.94A.150(4).

             (5) In addition to the sentences provided in subsection (2) of this section, any person convicted of a violation of subsection (1) of this section shall be fined in an amount calculated to at least eliminate any and all proceeds or profits directly or indirectly gained by such person as a result of sales of controlled substances in violation of the laws of this or other states, or the United States, up to the amount of five hundred thousand dollars on each count.

             (((5))) (6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of controlled substances shall be immune from prosecution for subsection (1) offenses unless a filing of an information or indictment against such person for a violation of subsection (1) of this section is made prior to his or her voluntary participation in the program of the department of social and health services. All applications for immunity under this section shall be sent to the department of social and health services in Olympia. It shall be the duty of the department to stamp each application received pursuant to this section with the date and time of receipt.

             This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.401 ((as now or hereafter amended)).


             NEW SECTION. Sec. 7. A new section is added to chapter 72.09 RCW to read as follows:

             The secretary shall report annually to the legislature on the number of offenders considered for an extraordinary medical placement, the number of offenders who were granted such a placement, the number of offenders who were denied such a placement, the length of time between initial consideration and the placement decision for each offender who was granted an extraordinary medical placement, the number of offenders granted an extraordinary medical placement who were later returned to total confinement, and the cost savings realized by the state."


             On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 9.94A.150, 9.94A.120, and 69.50.410; reenacting and amending RCW 9.94A.310, 9.95.040, and 46.61.5055; and adding a new section to chapter 72.09 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1299 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 1299 as amended by the Senate.


MOTION


             On motion of Representative Wolfe, Representative Quall was excused.


             Representatives Ballasiotes and O'Brien spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1299, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Quall - 1.


             House Bill No. 1299, as amended by the Senate, having received the constitutional majority, was declared passed.


             The House deferred action on Engrossed House Bill No. 1014, and the bill held its place on the concurrence calendar.


SENATE AMENDMENTS TO HOUSE BILL

April 7, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1023 with the following amendment(s):


             On page 2, after line 12, insert the following:


             "Sec. 1. RCW 41.50.145 and 1998 c 341 s 515 are each amended to read as follows:


             (1) If the department determines that due to employer error a member of plan III has suffered a loss of investment return, the employer shall pay the department for credit to the member's account the amount determined by the department as necessary to correct the error.

             (2) If the department determines that due to departmental error a member of plan III has suffered a loss of investment return, the department shall credit to the member's account from the ((school employees')) appropriate retirement system combined plan II and III fund the amount determined by the department as necessary to correct the error."


             Renumber the sections consecutively and correct any internal references accordingly.


             On page 1, line 2 of the title, strike everything after "plan 3;" and insert "amending RCW 41.50.145; creating new sections; and declaring an emergency."


and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1023 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 1023 as amended by the Senate.


             Representatives H. Sommers and Carlson spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1023, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Quall - 1.


             House Bill No. 1023, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 7, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1068 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The pardoning power is vested in the governor under such regulations and restrictions as may be prescribed by law. To assist the governor in gathering the facts necessary to the wise exercise of this power, the legislature created the clemency and pardons board.

             In recognition of the severe and detrimental impact of crime on victims, survivors of victims, and witnesses of crime, an intelligent recommendation on an application for clemency is dependent upon input from the victims and survivors of victims of crimes. It is the intent of the legislature to ensure that all victims and survivors of victims of crimes are afforded a meaningful role in the clemency process.

             The impact of the crime on the community must also be assessed when passing upon an application for clemency. The prosecuting attorney who obtained the conviction and the law enforcement agency that conducted the investigation are uniquely situated to provide an accurate account of the offense and the impact felt by the community as a result of the offense. It is the intent of the legislature to ensure that the prosecuting attorney who obtained the conviction and the law enforcement agency that conducted the investigation are afforded a meaningful role in the clemency process.


             Sec. 2. RCW 7.69.030 and 1997 c 343 s 1 are each amended to read as follows:

             There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights:

             (1) With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county;

             (2) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;

             (3) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;

             (4) To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;

             (5) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;

             (6) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;

             (7) To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;

             (8) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;

             (9) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance;

             (10) With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program present at any prosecutorial or defense interviews with the victim, and at any judicial proceedings related to criminal acts committed against the victim. This subsection applies if practical and if the presence of the crime victim advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;

             (11) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;

             (12) With respect to victims and survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request by a victim or survivor;

             (13) To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;

             (14) With respect to victims and survivors of victims, to present a statement personally or by representation, at the sentencing hearing for felony convictions; ((and))

             (15) With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment; and

             (16) With respect to victims and survivors of victims, to present a statement in person, via audio or videotape, in writing or by representation at any hearing conducted regarding an application for pardon or commutation of sentence.


             Sec. 3. RCW 9.94A.260 and 1989 c 214 s 2 are each amended to read as follows:

             (1) The clemency and pardons board shall receive petitions from individuals, organizations, and the department for review and commutation of sentences and pardoning of offenders in extraordinary cases, and shall make recommendations thereon to the governor.

             (2) The board shall receive petitions from individuals or organizations for the restoration of civil rights lost by operation of state law as a result of convictions for federal offenses or out-of-state felonies. The board may issue certificates of restoration limited to the elective rights to vote and to engage in political office. Any certifications granted by the board must be filed with the secretary of state to be effective. In all other cases, the board shall make recommendations to the governor.

             (3) The board shall not recommend that the governor grant clemency under subsection (1) of this section until a public hearing has been held on the petition. The prosecuting attorney of the county where the conviction was obtained shall be notified at least thirty days prior to the scheduled hearing that a petition has been filed and the date and place at which the hearing on the petition will be held. The board may waive the thirty-day notice requirement in cases where it determines that waiver is necessary to permit timely action on the petition. A copy of the petition shall be sent to the prosecuting attorney. The prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation, of the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses receiving this notice are confidential and shall not be available to the offender. The board shall consider written, oral, audio, or videotaped statements regarding the petition received, personally or by representation, from the individuals who receive notice pursuant to this section. This subsection is intended solely for the guidance of the board. Nothing in this section is intended or may be relied upon to create a right or benefit, substantive or procedural, enforceable at law by any person.


             Sec. 4. RCW 9.95.260 and 1981 c 136 s 44 are each amended to read as follows:

             (1) It shall be the duty of the indeterminate sentence review board ((of prison terms and paroles)), when requested by the governor, to pass on the representations made in support of applications for pardons for convicted persons and to make recommendations thereon to the governor.

             (2) It will be the duty of the secretary of corrections to exercise supervision over such convicted persons as have been conditionally pardoned by the governor, to the end that such persons shall faithfully comply with the conditions of such pardons. The indeterminate sentence review board ((of prison terms and paroles)) shall also pass on any representations made in support of applications for restoration of civil rights of convicted persons, and make recommendations to the governor. The department of corrections shall prepare materials and make investigations requested by the indeterminate sentence review board ((of prison terms and paroles)) in order to assist the board in passing on the representations made in support of applications for pardon or for the restoration of civil rights.

             (3) The board shall make no recommendations to the governor in support of an application for pardon until a public hearing has been held under this section or RCW 9.94A.260(3) upon the application. The prosecuting attorney of the county where the conviction was obtained shall be notified at least thirty days prior to the scheduled hearing that an application for pardon has been filed and the date and place at which the hearing on the application for pardon will be held. The board may waive the thirty-day notice requirement in cases where it determines that waiver is necessary to permit timely action on the petition. A copy of the application for pardon shall be sent to the prosecuting attorney. The prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation of the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses receiving this notice are confidential and shall not be available to the offender. The board shall consider written, oral, audio, or videotaped statements regarding the application for pardon received, personally or by representation, from the individuals who receive notice pursuant to this section. This subsection is intended solely for the guidance of the board. Nothing in this section is intended or may be relied upon to create a right or benefit, substantive or procedural, enforceable at law by any person."


             On page 1, line 1 of the title, after "pardons;" strike the remainder of the title and insert "amending RCW 7.69.030, 9.94A.260, and 9.95.260; and creating a new section."


and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1068 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute House Bill No. 1068 as amended by the Senate.


             Representatives Ballasiotes and O'Brien spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1068, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Quall - 1.


             Substitute House Bill No. 1068, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 12, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1080 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that citizens who assist individuals in emergency situations perform a needed and valuable role that deserves recognition and support. The legislature further finds that emergency assistance in the form of mouth to mouth resuscitation or other emergency medical procedures resulting in the exchange of bodily fluids significantly increases the odds of being exposed to a deadly infectious disease. Some of the more life-threatening diseases that can be transferred during an emergency procedure where bodily fluids are exchanged include hepatitis A, B, and C, and human immunodeficiency virus (HIV). Individuals infected by these diseases value confidentiality regarding this information. A number of good samaritans who perform life-saving emergency procedures such as cardiopulmonary resuscitation are unable to pay for the tests necessary for detecting infectious diseases that could have been transmitted during the emergency procedure. It is the purpose of this act to provide infectious disease testing at no cost to good samaritans who request testing for infectious diseases after rendering emergency assistance that has brought them into contact with a bodily fluid and to further protect the testing information once obtained through confidentiality provisions.


             NEW SECTION. Sec. 2. A new section is added to chapter 70.05 RCW to read as follows:

             A person rendering emergency care or transportation, commonly known as a "Good Samaritan," as described in RCW 4.24.300 and 4.24.310, may request and receive appropriate infectious disease testing free of charge from the local health department of the county of her or his residence, if: (1) While rendering emergency care she or he came into contact with bodily fluids; and (2) she or he does not have health insurance that covers the testing. Nothing in this section requires a local health department to provide health care services beyond testing. The department shall adopt rules implementing this section.

             The information obtained from infectious disease testing is subject to statutory confidentiality provisions, including those of chapters 70.24 and 70.05 RCW.


             NEW SECTION. Sec. 3. A new section is added to chapter 70.24 RCW to read as follows:

             (1) In order to assure compliance with the protections under this chapter and the rules of the board, and to assure public confidence in the confidentiality of reported information, the department shall:

             (a) Report annually to the board any incidents of unauthorized disclosure by the department, local health departments, or their employees of information protected under RCW 70.24.105. The report shall include recommendations for preventing future unauthorized disclosures and improving the system of confidentiality for reported information; and

             (b) Assist health care providers, facilities that conduct tests, local health departments, and other persons involved in disease reporting to understand, implement, and comply with this chapter and the rules of the board related to disease reporting.

             (2) This section is exempt from RCW 70.24.084, 70.05.070, and 70.05.120.


             Sec. 4. RCW 70.24.084 and 1988 c 206 s 914 are each amended to read as follows:

             (1) Any person aggrieved by a violation of this chapter shall have a right of action in superior court and may recover for each violation:

             (a) Against any person who negligently violates a provision of this chapter, one thousand dollars, or actual damages, whichever is greater, for each violation.

             (b) Against any person who intentionally or recklessly violates a provision of this chapter, ((two)) ten thousand dollars, or actual damages, whichever is greater, for each violation.

             (c) Reasonable attorneys' fees and costs.

             (d) Such other relief, including an injunction, as the court may deem appropriate.

             (2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.

             (3) Nothing in this chapter limits the rights of the subject of a test for a sexually transmitted disease to recover damages or other relief under any other applicable law.

             (4) Nothing in this chapter may be construed to impose civil liability or criminal sanction for disclosure of a test result for a sexually transmitted disease in accordance with any reporting requirement for a diagnosed case of sexually transmitted disease by the department or the centers for disease control of the United States public health service.


             Sec. 5. RCW 70.05.070 and 1993 c 492 s 239 are each amended to read as follows:

             The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall:

             (1) Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70.119A.030, the confidentiality provisions in RCW 70.24.105 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190;

             (2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction;

             (3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction;

             (4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;

             (5) Prevent, control or abate nuisances which are detrimental to the public health;

             (6) Attend all conferences called by the secretary of health or his or her authorized representative;

             (7) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health;

             (8) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;

             (9) Take such measures as he or she deems necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department.


             Sec. 6. RCW 70.05.120 and 1993 c 492 s 241 are each amended to read as follows:

             Any local health officer or administrative officer appointed under RCW 70.05.040, if any, who shall refuse or neglect to obey or enforce the provisions of chapters 70.05, 70.24, and 70.46 RCW or the rules, regulations or orders of the state board of health or who shall refuse or neglect to make prompt and accurate reports to the state board of health, may be removed as local health officer or administrative officer by the state board of health and shall not again be reappointed except with the consent of the state board of health. Any person may complain to the state board of health concerning the failure of the local health officer or administrative officer to carry out the laws or the rules and regulations concerning public health, and the state board of health shall, if a preliminary investigation so warrants, call a hearing to determine whether the local health officer or administrative officer is guilty of the alleged acts. Such hearings shall be held pursuant to the provisions of chapter 34.05 RCW, and the rules and regulations of the state board of health adopted thereunder.

             Any member of a local board of health who shall violate any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or refuse or neglect to obey or enforce any of the rules, regulations or orders of the state board of health made for the prevention, suppression or control of any dangerous contagious or infectious disease or for the protection of the health of the people of this state, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred dollars. Any physician who shall refuse or neglect to report to the proper health officer or administrative officer within twelve hours after first attending any case of contagious or infectious disease or any diseases required by the state board of health to be reported or any case suspicious of being one of such diseases, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred dollars for each case that is not reported.

             Any person violating any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or violating or refusing or neglecting to obey any of the rules, regulations or orders made for the prevention, suppression and control of dangerous contagious and infectious diseases by the local board of health or local health officer or administrative officer or state board of health, or who shall leave any isolation hospital or quarantined house or place without the consent of the proper health officer or who evades or breaks quarantine or conceals a case of contagious or infectious disease or assists in evading or breaking any quarantine or concealing any case of contagious or infectious disease, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or to imprisonment in the county jail not to exceed ninety days or to both fine and imprisonment.


             NEW SECTION. Sec. 7. Sections 1 and 2 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."


             On page 1, line 2 of the title, after "samaritans;" strike the remainder of the title and insert "amending RCW 70.24.084, 70.05.070, and 70.05.120; adding a new section to chapter 70.05 RCW; adding a new section to chapter 70.24 RCW; creating a new section; prescribing penalties; and declaring an emergency."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1080 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 1080 as amended by the Senate.


             Representatives Carlson, Schual-Berke and Cody spoke in favor of passage of the bill as amended by the Senate.


             Representative Lambert spoke against the passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1080, as amended by the Senate and the bill passed the House by the following vote: Yeas - 84, Nays - 13, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Buck, Bush, Cairnes, Campbell, Carlson, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Lisk, Lovick, Mastin, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Van Luven, Veloria, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 84.

             Voting nay: Representatives Benson, Boldt, Carrell, Crouse, Dunn, Fortunato, Lambert, McDonald, Mulliken, Pflug, Schindler, Thomas and Wensman - 13.

             Excused: Representative Quall - 1.


             House Bill No. 1080, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 1116 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 74.39A.170 and 1995 1st sp.s. c 18 s 56 are each amended to read as follows:

             (1) All payments made in state-funded long-term care shall be recoverable as if they were medical assistance payments subject to recovery under 42 U.S.C. Sec. 1396p and chapter 43.20B RCW, but without regard to the recipient's age.

             (2) In determining eligibility for state-funded long-term care services programs, the department shall impose the same rules with respect to the transfer of assets for less than fair market value as are imposed under 42 U.S.C. 1396p with respect to nursing home and home and community services.

             (3) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to all persons offered long-term care services subject to recovery of payments.

             (4) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the department shall provide a written description of the community service options.

             (5) The department of social and health services shall develop an implementation plan for notifying the client or his or her legal representative at least quarterly of the types of services used and the cost of those services (debt) that will be charged against the estate. The estate planning implementation plan shall be submitted by December 12, 1999, to the appropriate standing committees of the house of representatives and the senate, and to the joint legislative and executive task force on long-term care.


             Sec. 2. RCW 43.20B.080 and 1997 c 392 s 302 are each amended to read as follows:

             (1) The department shall file liens, seek adjustment, or otherwise effect recovery for medical assistance correctly paid on behalf of an individual consistent with 42 U.S.C. Sec. 1396p.

             (2) Liens may be adjusted by foreclosure in accordance with chapter 61.12 RCW.

             (3) In the case of an individual who was fifty-five years of age or older when the individual received medical assistance, the department shall seek adjustment or recovery from the individual's estate, and from nonprobate assets of the individual as defined by RCW 11.02.005, but only for medical assistance consisting of nursing facility services, home and community-based services, other services that the department determines to be appropriate, and related hospital and prescription drug services. Recovery from the individual's estate, including foreclosure of liens imposed under this section, shall be undertaken as soon as practicable, consistent with 42 U.S.C. Sec. 1396p.

             (4) The department shall apply the medical assistance estate recovery law as it existed on the date that benefits were received when calculating an estate's liability to reimburse the department for those benefits.

             (5)(a) The department shall establish procedures consistent with standards established by the federal department of health and human services and pursuant to 42 U.S.C. Sec. 1396p to waive recovery when such recovery would work an undue hardship.

             (b) Recovery of medical assistance from a recipient's estate shall not include property made exempt from claims by federal law or treaty, including exemption for tribal artifacts that may be held by individual Native Americans.

             (6) A lien authorized under subsections (1) through (5) of this section relates back to attach to any real property that the decedent had an ownership interest in immediately before death and is effective as of that date.

             (7) The department is authorized to adopt rules to effect recovery under this section. The department may adopt by rule later enactments of the federal laws referenced in this section.

             (8) ((The office of financial management shall review the cost and feasibility of the department of social and health services collecting the client copayment for long-term care consistent with the terms and conditions of RCW 74.39A.120, and the cost impact to community providers under the current system for collecting the client's copayment in addition to the amount charged to the client for estate recovery, and report to the legislature by December 12, 1997.))

             It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to all persons offered long-term care services subject to recovery of payments.

             (9) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the department shall provide a written description of the community service options.

             (10) The department of social and health services shall develop an implementation plan for notifying the client or his or her legal representative at least quarterly of the types of services used and the cost of those services (debt) that will be charged against the estate. The estate planning implementation plan shall be submitted by December 12, 1999, to the appropriate standing committees of the house of representatives and the senate, and to the joint legislative and executive task force on long-term care."


             On page 1, beginning on line 1 of the title, after "care;" strike the remainder of the title and insert "and amending RCW 74.39A.170 and 43.20B.080."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Second Substitute House Bill No. 1116 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1116 as amended by the Senate.


             Representatives Clements and Cody spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1116, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Quall - 1.


             Second Substitute House Bill No. 1116, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 6, 1999

Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1131 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that most law enforcement effort to prevent prostitution is directed at punishing prostitutes. The legislature also finds that many patrons of prostitutes use motor vehicles in order to obtain the services of prostitutes and that successful prevention of prostitution involves efforts to curtail the demand for services offered by prostitutes. It is the intent of the legislature to decrease the demand for prostitution services and thereby eliminate the economic foundation for the prostitution industry. It is also the intent of the legislature to eliminate traffic congestion and other concerns to neighborhoods and business areas caused by patrons cruising in motor vehicles in areas of high prostitution activity.


             NEW SECTION. Sec. 2. A new section is added to chapter 9A.88 RCW to read as follows:

             (1) When sentencing or imposing conditions on a person convicted of, or receiving a deferred sentence or deferred prosecution for, violating RCW 9A.88.110 or 9.68A.100, the court must impose a requirement that the offender:

             (a) Not be subsequently arrested for patronizing a prostitute or patronizing a juvenile prostitute; and

             (b) Remain outside the geographical area, prescribed by the court, in which the person was arrested for violating RCW 9A.88.110 or 9.68A.100, unless such a requirement would interfere with the person's legitimate employment or residence or otherwise be infeasible.

             (2) This requirement is in addition to the penalties set forth in RCW 9A.88.110, 9A.88.120, and 9.68A.100.


             NEW SECTION. Sec. 3. A new section is added to chapter 9A.88 RCW to read as follows:

             (1) Upon an arrest for a suspected violation of patronizing a prostitute or patronizing a juvenile prostitute, the arresting law enforcement officer may impound the person's vehicle if (a) the motor vehicle was used in the commission of the crime; (b) the person arrested is the owner of the vehicle; and (c) the person arrested has previously been convicted of patronizing a prostitute, under RCW 9A.88.110, or patronizing a juvenile prostitute, under RCW 9.68A.100.

             (2) Impoundments performed under this section shall be in accordance with chapter 46.55 RCW.


             Sec. 4. RCW 9.68A.100 and 1989 c 32 s 8 are each amended to read as follows:

             A person is guilty of patronizing a juvenile prostitute if that person engages or agrees or offers to engage in sexual conduct with a minor in return for a fee, and is guilty of a class C felony punishable under chapter 9A.20 RCW. In addition to any other penalty provided under chapter 9A.20 RCW, a person guilty of patronizing a juvenile prostitute is subject to the provisions under sections 2 and 3 of this act.


             Sec. 5. RCW 46.55.120 and 1998 c 203 s 5 are each amended to read as follows:

             (1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, ((or)) 46.55.113, or section 3 of this act may be redeemed only under the following circumstances:

             (a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (b) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded. An agency may issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record.

             If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (b) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.

             (b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420 and was being operated by the registered owner when it was impounded, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded that any penalties, fines, or forfeitures owed by him or her have been satisfied. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.

             (2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.

             (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the hearing request is not received by the court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment.

             (3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.

             (b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.

             (c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.

             (d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.

             (e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:

 

TO: . . . . . .

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.

DATED this . . . . day of . . . . . ., (year) . . .

                                                    Signature . . . . .. . . . . . .. . . . . . .. . . . . . .

                                                                              Typed name and address

                                                                              of party mailing notice

 

             (4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees."


             On page 1, line 1 of the title, after "prostitutes;" strike the remainder of the title and insert "amending RCW 9.68A.100 and 46.55.120; adding new sections to chapter 9A.88 RCW; creating a new section; and prescribing penalties."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Engrossed Substitute House Bill No. 1131 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1131 as amended by the Senate.


             Representatives Schindler and Gombosky spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1131, as amended by the Senate and the bill passed the House by the following vote: Yeas - 87, Nays - 10, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 87.

             Voting nay: Representatives Ballasiotes, Barlean, Buck, Constantine, Dunn, Fortunato, Lambert, Pflug, Radcliff and Thomas - 10.

             Excused: Representative Quall - 1.


             Engrossed Substitute House Bill No. 1131, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 14, 1999

Mr. Speaker:


             The Senate has passed ENGROSSED HOUSE BILL NO. 1151 with the following amendment(s):


             On page 21, after line 36, insert the following:


             "Sec. 28. RCW 16.49.435 and 1987 c 77 s 4 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Department" means the department of agriculture of the state of Washington.

             (2) "Director" means the director of the department or the director's designee.

             (3) "Custom farm slaughterer" means any person licensed under this chapter who may under such license engage in the business of slaughtering meat food animals only for the consumption of the owner thereof through the use of an approved mobile unit under such conditions as may be prescribed by the director.

             (4) "Custom slaughtering establishment" means the facility operated by any person licensed under this chapter who may under such license engage in the business of slaughtering meat food animals only for the consumption of the owner thereof at a fixed location under such conditions as may be prescribed by the director.

             (5) "Custom meat facility" means the facility operated by any person licensed under this chapter who may under such license engage in the business of preparing uninspected meat for the sole consumption of the owner of the uninspected meat being prepared. Operators of custom meat facilities may also prepare inspected meat for household users only under such conditions as may be prescribed by the director and may sell such prepared inspected meat to household users only. Operators of custom meat facilities may also sell prepackaged inspected meat to any person, provided the prepackaged inspected meat is not prepared in any manner by the operator and the operator does not open or alter the original package that the inspected meat was placed in.

             (6) "Inspected meat" means the carcasses or parts thereof of meat food animals which have been slaughtered and inspected at establishments subject to inspection under ((chapter 16.49A RCW or)) a federal meat inspection act.

             (7) "Uninspected meat" means the carcasses or parts thereof of meat food animals which have been slaughtered by the owner thereof, or which have been slaughtered by a custom farm slaughterer.

             (8) "Household user" means the ultimate consumer, the members of the consumer's household, and his or her nonpaying guests and employees.

             (9) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.

             (10) "Meat food animal" means cattle, swine, sheep, or goats.

             (11) "Official establishment" means an establishment operated for the purpose of slaughtering meat food animals for sale or use as human food in compliance with the federal meat inspection act (21 U.S.C. Sec. 71 et seq.).

             (12) "Prepared" means canned, salted, rendered, boned, cut up or otherwise manufactured, or processed.


             Sec. 29. RCW 16.49.670 and 1987 c 77 s 11 are each amended to read as follows:

             The provisions of this chapter relating to custom meat facilities ((and RCW 16.49A.370)) shall in no way supersede or restrict the authority of any county or any city to adopt ordinances which are more restrictive for the handling of meat than those provided for herein.


             Sec. 30. RCW 16.67.030 and 1969 c 133 s 2 are each amended to read as follows:

             For the purpose of this chapter:

             (1) "Commission" means the Washington state beef commission.

             (2) "Director" means the director of agriculture of the state of Washington or his duly appointed representative.

             (3) "Ex officio members" means those advisory members of the commission who do not have a vote.

             (4) "Department" means the department of agriculture of the state of Washington.

             (5) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.

             (6) "Beef producer" means any person who raises, breeds, grows, or purchases cattle or calves for beef production.

             (7) "Dairy (beef) producer" means any person who raises, breeds, grows, or purchases cattle for dairy production and who is actively engaged in the production of fluid milk.

             (8) "Feeder" means any person actively engaged in the business of feeding cattle and usually operating a feed lot.

             (9) "Producer" means any person actively engaged in the cattle industry including beef producers and dairy (beef) producers.

             (10) "Washington cattle" shall mean all cattle owned or controlled by affected producers and located in the state of Washington.

             (11) "Meat packer" means any person ((licensed to operate)) operating a slaughtering establishment ((under the provisions of chapter 16.49A RCW as enacted or hereafter amended)) subject to inspection under a federal meat inspection act.

             (12) "Livestock salesyard operator" means any person licensed to operate a cattle auction market or salesyard under the provisions of chapter 16.65 RCW as enacted or hereafter amended.


             Sec. 31. RCW 35A.69.010 and 1994 c 143 s 512 are each amended to read as follows:

             Every code city shall have the powers, perform the functions and duties and enforce the regulations prescribed by general laws relating to food and drugs for any class of city as provided by Title 69 RCW; ((relating to inspection of foods, meat, dairies, and milk as provided by chapter 16.49A RCW;)) relating to water pollution control as provided by chapter 90.48 RCW; and relating to food fish and shellfish as provided by Title 75 RCW.


             Sec. 32. RCW 69.04.930 and 1988 c 254 s 8 are each amended to read as follows:

             It shall be unlawful for any person to sell at retail or display for sale at retail any food fish or shellfish as defined in RCW 75.08.011, any meat ((capable of use as human food as defined in RCW 16.49A.150 as now or hereafter amended)), or any meat food product ((as defined in RCW 16.49A.130 as now or hereafter amended)) which has been frozen at any time, without having the package or container in which the same is sold bear a label clearly discernible to a customer that such product has been frozen and whether or not the same has since been thawed. No such food fish or shellfish, meat or meat food product shall be sold unless in such a package or container bearing said label: PROVIDED, That this section shall not include any of the aforementioned food or food products that have been frozen prior to being smoked, cured, cooked or subjected to the heat of commercial sterilization."


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


             On page 1, line 5 of the title, after "15.36.551," strike "and 15.36.561" and insert "15.36.561, 16.49.435, 16.49.670, 16.67.030, 35A.69.010, and 69.04.930"


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Engrossed House Bill No. 1151 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1151 as amended by the Senate.


             Representatives Linville, G. Chandler and Linville (again) spoke in favor of passage of the bill as amended by the Senate.


             Representative Conway spoke against the passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1151, as amended by the Senate and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.

             Voting nay: Representatives Conway and Sullivan - 2.

             Excused: Representative Quall - 1.


             Engrossed House Bill No. 1151, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 13, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1154 with the following amendment(s):


             On page 1, strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 84.52.069 and 1995 c 318 s 9 are each amended to read as follows:

             (1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, or fire protection district.

             (2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district ((in each year for six consecutive years when specifically authorized so to do)). The tax shall be imposed (a) each year for six consecutive years, (b) each year for ten consecutive years, or (c) permanently. A tax levy under this section must be specifically authorized by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 29.30.111. A taxing district shall not submit to the voters at the same election multiple propositions to impose a levy under this section.

             (3) A taxing district imposing a permanent levy under this section shall provide for separate accounting of expenditures of the revenues generated by the levy. The taxing district shall maintain a statement of the accounting which shall be updated at least every two years and shall be available to the public upon request at no charge.

             (4) A taxing district imposing a permanent levy under this section shall provide for a referendum procedure to apply to the ordinance or resolution imposing the tax. This referendum procedure shall specify that a referendum petition may be filed at any time with a filing officer, as identified in the ordinance or resolution. Within ten days, the filing officer shall confer with the petitioner concerning form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the designated local official. The petitioner shall have thirty days in which to secure the signatures of not less than fifteen percent of the registered voters of the taxing district, as of the last general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The filing officer shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election within the taxing district if one is to be held within one hundred eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose in accordance with RCW 29.13.020.

             The referendum procedure provided in this subsection shall be exclusive in all instances for any taxing district imposing the tax under this section and shall supersede the procedures provided under all other statutory or charter provisions for initiative or referendum which might otherwise apply.

             (((3))) (5) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.

             (((4))) (6) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents: PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents. Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county: PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county: AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services: AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed: AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is limited in duration and that is authorized subsequent to a county emergency medical service levy that is limited in duration, shall expire concurrently with the county emergency medical service levy.

             (((5))) (7) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section.

             (((6))) (8) If a ballot proposition approved under subsection (2) of this section did not impose the maximum allowable levy amount authorized for the taxing district under this section, any future increase up to the maximum allowable levy amount must be specifically authorized by the voters in accordance with subsection (2) of this section at a general or special election.

             (9) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.


             Sec. 2. RCW 29.30.111 and 1984 c 131 s 3 are each amended to read as follows:

             (1) The ballot proposition authorizing a taxing district to impose the regular property tax levies authorized in RCW 36.69.145, 67.38.130, or 84.52.069 shall contain in substance the following:

             "Shall the . . . . . . (insert the name of the taxing district) be authorized to impose regular property tax levies of . . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation for each of . . . . . . (insert the maximum number of years allowable) consecutive years?

             Yes. . . .. . . . . . .. . . . . . .. . . . . . .

             No . . . .. . . . . . .. . . . . . .. . . . . . .□"

             Each voter shall indicate either "Yes" or "No" on his or her ballot in accordance with the procedures established under this title.

             (2) The ballot proposition authorizing a taxing district to impose a permanent regular tax levy under RCW 84.52.069 shall contain the following:

             "Shall the . . . . . (insert the name of the taxing district) be authorized to impose a PERMANENT regular property levy of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?

             Yes . . . . . . . . . □

             No . . . . . . . . . □"


             NEW SECTION. Sec. 3. This act applies to levies authorized after the effective date of this section."


             On page 1, on line 2 of the title, after "services;" strike the remainder of the title and, insert "amending RCW 84.52.069 and 29.30.111; and creating a new section."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1154 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 1154 as amended by the Senate.


             Representatives Cooper and Thomas spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1154, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Quall - 1.


             House Bill No. 1154, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 14, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1183 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. Local governments enter into separate, individual contracts with banks for custody services. The rate and terms which each local government obtains from a given bank sometimes varies widely depending upon the size of the local government's portfolio, and thus fails to provide all of the state's taxpayers with the most advantageous rates and terms for such custody services. The purpose of this act is to enable local governments and institutions of higher education, through a state-wide custody contract, to collectively obtain the most advantageous rate and terms from a single financial institution for custodial banking services. Under such a state-wide custody contract, smaller local governments may receive a higher level of service, while paying lower fees than they might have individually obtained.


             NEW SECTION. Sec. 2. A new section is added to chapter 43.08 RCW to read as follows:

             (1) The state treasurer is authorized to negotiate a state-wide custody contract for custody services for local governments and institutions of higher education. The term of the contract shall be for a minimum of four years.

             (2) The state treasurer shall, as soon as is practical after negotiations have been successfully completed, notify local governments and institutions of higher education that a state-wide custody contract has been negotiated.

             (3) Following such notification, each local government or institution of higher education may, at its option, become a signatory to the state-wide contract. Each local government or institution of higher education may only become a signatory to the contract by having its authorized local government official or financial officer and the state-wide custodian execute the state-wide contract. The contract is between the state-wide custodian and the respective local government or institution of higher education. It is the responsibility of the local government official or financial officer to fully understand the terms and conditions of the state-wide custody contract prior to its execution, and to ensure those terms and conditions are observed by the state-wide custodian during the term of the contract.

             (4) The state treasurer may adopt rules to implement this section, including, but not limited to, those rules deemed necessary to provide for an orderly transition in the event of a different state-wide custodian in a new state-wide custody contract.

             (5) Any state-wide custodian who becomes a signatory to the state-wide custody contract may be exempted from the requirements of chapter 39.58 RCW for the purposes of this section, based on rules adopted by the public deposit protection commission.

             (6) For the purposes of this section:

             (a) "Financial institution" means a bank or trust company chartered and supervised under state or federal law;

             (b) "Local government" means any county, city, town, special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including any public corporation created by such an entity, which legally possesses and exercises investment authority;

             (c) "State-wide custody contract" means a contract negotiated between the state treasurer and a financial institution that establishes terms and fees for custody services which are optional to any local government for the term of the contract;

             (d) "State-wide custodian" means the financial institution with whom the state treasurer has negotiated a state-wide custody contract;

             (e) "Custody services" means services performed by a financial institution such as the settlement, safekeeping, valuation, and market-value reporting of negotiable instruments owned by the local government;

             (f) "Local government official" means any officer or employee of a local government who has been designated by statute or local charter, ordinance, or resolution as the officer having the authority to invest the funds of the local government. However, the county treasurer is the only local government official for all political subdivisions for which the county treasurer has statutory or contractual authority to invest the funds thereof;

             (g) "Financial officer" means the board-appointed treasurer of a college, university, community or technical college district, or the state board for community and technical colleges.


             NEW SECTION. Sec. 3. A new section is added to chapter 39.58 RCW to read as follows:

             A state-wide custodian under section 2 of this act may be exempted from the requirements of this chapter, based on rules adopted by the public deposit protection commission.


             NEW SECTION. Sec. 4. This act takes effect September 1, 1999."


             On page 1, line 2 of the title, after "contracts;" strike the remainder of the title and insert "adding a new section to chapter 43.08 RCW; adding a new section to chapter 39.58 RCW; creating a new section; and providing an effective date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1183 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute House Bill No. 1183 as amended by the Senate.


             Representative H. Sommers spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1183, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Quall - 1.


             Substitute House Bill No. 1183, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1194 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. 1998 c 92 s 1 (uncodified) is amended to read as follows:

             (1) The legislature recognizes the need to involve the boarding home industry, the consumers of assisted living and retirement services, the long-term care ombudsman, and state regulatory agencies in the collaborative process of developing standards and procedures for accreditation of licensed boarding homes. As participants, consumers can help develop standards that more closely address their needs and make the accreditation of boarding home providers more meaningful to them when choosing among competitors. Providers can maintain flexibility in the marketplace and more quickly recognize and respond to the changing needs of its client base. Regulatory agencies can save money and remain assured that performance standards are high. For these reasons, the legislature finds that it is in the best interests of the boarding home industry, boarding home consumers, and state regulatory agencies to support an industry-funded pilot program ((prior to changing or developing new standards for boarding home regulation)).

             (2) A coalition of assisted living providers represented by state-wide assisted living professional trade associations, the long-term care ombudsman, state regulatory agencies, and consumer groups representing, but not limited to, the assisted living clientele such as the senior lobby, the American association of retired persons, and the alzheimer's association shall develop a plan for implementing a pilot program for the third-party accreditation of boarding homes licensed under RCW 18.20.020. The assisted living third-party accreditation pilot project coalition shall remain active until December 12, 2001. The pilot plan must be funded by the northwest assisted living ((federation of America)) facilities association. Funds for conducting this plan may also be received from other individuals and organizations in accordance with state law and upon the approval of the northwest assisted living facilities association. The plan shall review the overall feasibility of implementation, cost or savings to the regulating agency, impact on client health, safety, quality of care, quality of life, and financial and other impacts to the boarding home industry. ((The)) Pilot third-party boarding home accreditation ((plan)) progress reports shall be presented to the appropriate committees of the house of representatives and the senate by January 4, 1999 and by January 4, 2000. The final pilot third-party boarding home accreditation plan shall be submitted to the appropriate committees of the house of representatives and the senate no later than December 12, 2001."


             On page 1, line 2 of the title, after "homes;" strike the remainder of the title and insert "and amending 1998 c 92 s 1 (uncodified)."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1194 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 1194 as amended by the Senate.


             Representatives Cody and McDonald spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1194, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Voting nay: Representative Kagi - 1.

             Excused: Representative Quall - 1.


             House Bill No. 1194, as amended by the Senate, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on House Bill No. 1194.

RUTH KAGI, 32nd District


SENATE AMENDMENTS TO HOUSE BILL

April 7, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1261 with the following amendment(s):


             On page 3, line 1, after "(8)" strike "(a)"


             On page 3, beginning on line 3, after "injury." strike all material through "act." on line 5


and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1261 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 1261 as amended by the Senate.


             Representatives Romero and Clements spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1261, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Quall - 1.


             House Bill No. 1261, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1291 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 29.04.050 and 1989 c 278 s 1 are each amended to read as follows:

             (1) Every voting precinct must be wholly within a single congressional district, a single legislative district, and a single district of a county legislative authority.

             (2) Every voting precinct shall be composed, as nearly as practicable, of contiguous and compact areas.

             (3) Except as provided in this subsection, changes to the boundaries of any precinct shall follow visible, physical features delineated on the most current maps provided by the United States census bureau. A change need not follow such visible, physical features if (a) it is necessitated by an annexation or incorporation and the proposed precinct boundary is identical to an exterior boundary of the annexed or incorporated area which does not follow a visible, physical feature; or (b) doing so would substantially impair election administration in the involved area.

             (4) After a change to precinct boundaries is adopted by the county legislative authority, the county auditor shall send to the secretary of state a copy of the legal description and a map or maps of the changes and, if all or part of the changes do not follow visible, physical features, a statement of the applicable exception under subsection (3) of this section. For boundary changes made pursuant to subsection (3)(b) of this section, the auditor shall include a statement of the reasons why following visible, physical features would have substantially impaired election administration.

             (5) Every voting precinct within each county shall be designated ((consecutively)) by number for the purpose of preparation of maps and the tabulation of population for apportionment purposes. These precincts may be identified with names or other numbers for other election purposes.

             (6) After a change to precinct boundaries in a city or town, the county auditor shall send one copy of the map or maps delineating the new precinct boundaries within that city or town to the city or town clerk.

             (7) Precinct maps are public records and shall be available for inspection by the public during normal office hours in the offices where they are kept. Copies shall be made available to the public for a fee necessary to cover the cost of reproduction.


             Sec. 2. RCW 29.04.120 and 1992 c 7 s 32 are each amended to read as follows:

             (1) Any person who uses registered voter data furnished under RCW 29.04.100 or 29.04.110 for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value shall be guilty of a felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a fine of not more than ((five)) ten thousand dollars or both such fine and imprisonment, and shall be liable to each person provided such advertisement or solicitation, without the person's consent, for the nuisance value of such person having to dispose of it, which value is herein established at five dollars for each item mailed or delivered to the person's residence: PROVIDED, That any person who mails or delivers any advertisement, offer or solicitation for a political purpose shall not be liable under this section, unless the person is liable under subsection (2) of this section. For purposes of this subsection, two or more attached papers or sheets or two or more papers which are enclosed in the same envelope or container or are folded together shall be deemed to constitute one item. Merely having a mailbox or other receptacle for mail on or near the person's residence shall not be any indication that such person consented to receive the advertisement or solicitation. A class action may be brought to recover damages under this section and the court may award a reasonable attorney's fee to any party recovering damages under this section.

             (2) It shall be the responsibility of each person furnished data under RCW 29.04.100 or 29.04.110 to take reasonable precautions designed to assure that the data is not used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value: PROVIDED, That such data may be used for any political purpose. Where failure to exercise due care in carrying out this responsibility results in the data being used for such purposes, then such person shall be jointly and severally liable for damages under the provisions of subsection (1) of this section along with any other person liable under subsection (1) of this section for the misuse of such data.


             Sec. 3. RCW 29.04.170 and 1980 c 35 s 7 are each amended to read as follows:

             (1) The legislature finds that certain laws are in conflict governing the election of various local officials. The purpose of ((this legislation)) chapter 126, Laws of 1979 ex. sess. is to provide a common date for the assumption of office for all the elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting. A person elected to the office of school director begins his or her term of office at the first official meeting of the board of directors after certification of the election results. It is also the purpose of ((this legislation)) chapter 126, Laws of 1979 ex. sess. to remove these conflicts and delete old statutory language concerning such elections which is no longer necessary.

             (2) For elective offices of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting, the term of incumbents shall end and the term of successors shall begin after the successor is elected and qualified, and the term shall commence immediately after December 31st following the election, except as follows:

             (a) Where the term of office varies from this standard according to statute; and

             (b) If the election results have not been certified prior to January 1st after the election, in which event the time of commencement for the new term shall occur when the successor becomes qualified in accordance with RCW 29.01.135.

             (3) For elective offices governed by this section, the oath of office shall be taken as the last step of qualification as defined in RCW 29.01.135 but may be taken either:

             (a) Up to ten days prior to the scheduled date of assuming office; or

             (b) At the last regular meeting of the governing body of the applicable county, city, town, or special district held before the winner is to assume office.


             Sec. 4. RCW 29.07.010 and 1994 c 57 s 8 are each amended to read as follows:

             (1) In all counties, the county auditor shall be the chief registrar of voters for every precinct within the county. The auditor may appoint a registration assistant for each precinct or group of precincts and shall appoint city or town clerks as registration assistants to assist in registering persons residing in cities, towns, and rural precincts within the county.

             (2) In addition, the auditor may appoint a registration assistant for each common school. The auditor may appoint a registration assistant for each fire station. ((All common schools, fire stations, and public libraries shall make voter registration application forms available to the public.))

             (3) A registration assistant must be a registered voter. Except for city and town clerks, each registration assistant holds office at the pleasure of the county auditor.

             (4) The county auditor shall be the custodian of the official registration records of that county. The county auditor shall ensure that mail-in voter registration application forms are readily available to the public at locations to include but not limited to the elections office, and all common schools, fire stations, and public libraries.


             Sec. 5. RCW 29.07.120 and 1994 c 57 s 16 are each amended to read as follows:

             ((On each Monday next following the registration of any voter each)) Once each week the county auditor shall transmit all cards required by RCW 29.07.090 ((received in the auditor's office during the prior week)) to the secretary of state ((for filing)). The secretary of state may exempt a county auditor who is providing electronic voter registration and electronic voter signature information to the secretary of state from the requirements of this section.


             Sec. 6. RCW 29.07.260 and 1994 c 57 s 21 are each amended to read as follows:

             (1) A person may register to vote ((or)), transfer a voter registration, or change his or her name for voter registration purposes when he or she applies for or renews a driver's license or identification card under chapter 46.20 RCW.

             (2) To register to vote ((or)), transfer ((a)) his or her voter registration, or change his or her name for voter registration purposes under this section, the applicant shall provide the following: