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NINETY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, April 15, 1999

                The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Costa, Morton, Rasmussen and Zarelli. On motion of Senator Deccio, Senator Morton was excused. On motion of Senator Franklin, Senators Brown and Rasmussen were excused.

                The Sergeant at Arms Color Guard consisting of Pages Tiffany Wentz and Holly Westerfield, presented the Colors. Eight year old John Michael Brooks of Longview, played Amazing Grace on his violin.


MOTION


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


REPORTS OF STANDING COMMITTEES

April 14, 1999

SHB 1125               Prime Sponsor, House Committee on Transportation: Funding transportation. Reported by Committee on Transportation


                MAJORITY Recommendation: Do pass as amended. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Jacobsen, Morton, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.

 

MINORITY Report: Do not pass. Signed by Senators Finkbeiner, Johnson and Oke.


April 14, 1999

SHB 2152               Prime Sponsor, House Committee on Health Care: Concerning long-term care payment rates. Reported by Committee on Health and Long-Term Care

 

MAJORITY Recommendation: Do pass. Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Costa, Deccio and Winsley.



April 14, 1999

HB 2259 Prime Sponsor, Representative Murray: Extending the term of drivers' licenses. Reported by Committee on Transportation


                MAJORITY Recommendation: Do pass as amended. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.


MOTION


                On motion of Senator Betti Sheldon, the rules were suspended, Substitute House Bill No. 1125, Substitute House Bill No. 2152 and House Bill No. 2259 were advanced to second reading and placed on the second reading calendar.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS


April 14, 1999

GA 9008 HARRY DUDLEY, appointed January 30, 1998, for a term ending December 26, 2000, as a member of the Board of Pilotage Commissioners.

                                Reported by Committee on Transportation.


                MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin,

and Swecker.


                Passed to Committee on Rules.


April 14, 1999

GA 9030 DENNIS MARSHALL, appointed January 29, 1998, for a term ending December 26, 2000, as a member of the Board of Pilotage Commissioners.

                                Reported by Committee on Transportation.


                MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin,

and Swecker.


                Passed to Committee on Rules.



April 14, 1999

GA 9187 CHARLES DAVIS, appointed December 24, 1998, for a term ending December 26, 2001, as a member of the Board of Pilotage Commissioners.

                                Reported by Committee on Transportation.


                MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Costa, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin, and Swecker.


                Passed to Committee on Rules.


April 14, 1999

GA 9198 ANDREW PALMER, reappointed December 24, 1998, for a term ending December 26, 2002, as a member of the Board of Pilotage Commissioners.

                                Reported by Committee on Transportation.


                MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Costa, Finkbeiner, Horn, Morton, Oke, Prentice, Sellar, Sheahan, T. Sheldon, Shin, and Swecker.


                Passed to Committee on Rules.


MESSAGE FROM THE HOUSE

April 14, 1999

MR. PRESIDENT:

                The Co-Speakers have signed:

                SENATE BILL NO. 5021,

                SECOND SUBSTITUTE SENATE BILL NO. 5102,

                SENATE BILL NO. 5105,

                SENATE BILL NO. 5122,

                SENATE BILL NO. 5233,

                ENGROSSED SUBSTITUTE SENATE BILL NO. 5348,

                SUBSTITUTE SENATE BILL NO. 5352,

                SENATE BILL NO. 5606,

                SUBSTITUTE SENATE BILL NO. 5745,

                ENGROSSED SENATE BILL NO. 5798,

                SENATE BILL NO. 5986,

                SENATE BILL NO. 5987,

                SUBSTITUTE SENATE BILL NO. 6012,

                SUBSTITUTE SENATE BILL NO. 6052,

                SUBSTITUTE SENATE BILL NO. 6063, and the same are herewith transmitted                                                                                                                                    DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 6095  by Senators Spanel, Swecker, Eide, Fraser and Jacobsen

 

AN ACT Relating to water conservation and reuse; and creating a new section.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 6097  by Senators Fraser, Swecker, Spanel and Eide

 

AN ACT Relating to streamflows; and creating a new section.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 6098  by Senators Jacobsen, Swecker, Fraser, Eide and Spanel

 

AN ACT Relating to public water systems; and creating a new section.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 6099  by Senators Eide, Swecker, Spanel, Fraser and Jacobsen

 

AN ACT Relating to water resources changes and transfers; adding a new section to chapter 90.03 RCW; and creating a new section.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 6100  by Senators Eide, Swecker, Spanel and Fraser

 

AN ACT Relating to improving shorelines and land uses to facilitate salmon recovery; and creating a new section.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 6101  by Senators Spanel, Swecker, Eide and Fraser

 

AN ACT Relating to compliance with water resource and habitat protection requirements; and creating a new section.

Referred to Committee on Environmental Quality and Water Resources.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


                On motion of Senator Prentice, Gubernatorial Appointment No. 9137, Hartly Kruger, as a member of the Horse Racing Commission, was confirmed.

                Senators Prentice, West and Deccio spoke to the confirmation of Hartly Kruger as a member of the Horse Racing Commission.


APPOINTMENT OF HARTLY KRUGER

 

                The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

     Voting yea: Senators Bauer, Benton, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 44.

     Absent: Senators Costa and Zarelli - 2.

     Excused: Senators Brown, Morton and Rasmussen - 3.

 

MOTION

 

                On motion of Senator Franklin, Senator Haugen was excused.

 

MOTION

 

                On motion of Senator Honeyford, Senators McDonald and Oke were excused.

 

MOTION

 

                On motion of Senator Jacobsen, Gubernatorial Appointment No. 9119, Gerald Grinstein, as a member of the Board of Regents for the University of Washington, was confirmed.

                Senators Jacobsen and Sellar spoke to the confirmation of Gerald Grinstein as a member of the Board of Regents for the University of Washington.

 

APPOINTMENT OF GERALD GRINSTEIN

 

                The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 43.

     Absent: Senators McAuliffe, Snyder and Zarelli - 3.

     Excused: Senators Haugen, McDonald and Oke - 3.

 

MOTION

 

                On motion of Senator McCaslin, Senator Zarelli was excused.

 

MOTION

 

                On motion of Senator Franklin, Senators Betti Sheldon, Kohl-Welles and Snyder were excused.

 

SECOND READING

 

                SUBSTITUTE HOUSE BILL NO. 1826, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Grant, Linville, Mastin and G. Chandler)

 

Requiring appointment of water masters in watershed management areas with WRIA plans.

 

                The bill was read the second time.

 

MOTION

 

                Senator Fraser moved that the following Committee on Environmental Quality and Water Resources striking amendment be adopted:

                  Strike everything after the enacting clause and insert the following:

                  "Sec. 1. RCW 90.03.060 and 1987 c 109 s 69 are each amended to read as follows:

                  (1) Water masters shall be appointed by the department whenever it shall find the interests of the state or of the water users to require them. The districts for or in which the water masters serve shall be designated water master districts, which shall be fixed from time to time by the department, as required, and they shall be subject to revision as to boundaries or to complete abandonment as local conditions may indicate to be expedient, the spirit of this provision being that no district shall be created or continued where the need for the same does not exist. Water masters shall be supervised by the department, shall be compensated for services from funds of the department, and shall be technically qualified to the extent of understanding the elementary principals of hydraulics and irrigation, and of being able to make water measurements in streams and in open and closed conduits of all characters, by the usual methods employed for that purpose. Counties and municipal and public corporations of the state are authorized to contribute moneys to the department to be used as compensation to water masters in carrying out their duties. All such moneys received by the department shall be used exclusively for said purpose.

                  (2) A water master may be appointed by the department for a watershed management area for which a plan adopted by a planning unit and by the counties with territory in the watershed management area under RCW 90.82.130 contains a requirement or request that a water master be appointed, subject to availability of state or nonstate funding."

                Debate ensued.

                 The President declared the question before the Senate to be the adoption of the Committee on Environmental Quality and Water Resources striking amendment to Substitute House Bill No. 1826.

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

 

MOTIONS

 

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

                  On page 1, line 1 of the title, after "masters;" strike the remainder of the title and insert "and amending RCW 90.03.060."

                On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1826, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

                The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1826, as amended by the Senate.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of Substitute House Bill No. 1826, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

     Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 41.

     Absent: Senator Bauer - 1.

     Excused: Senators Haugen, Kohl-Welles, McDonald, Oke, Sheldon, B., Snyder and Zarelli - 7.

                SUBSTITUTE HOUSE BILL NO. 1826, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

                HOUSE JOINT MEMORIAL NO. 4012, by Representatives Regala, Eickmeyer, Buck, Clements, Anderson, Veloria and Conway

 

Requesting Congress to pass legislation to restore and revitalize federal funding for the land and water conservation fund.

 

                The joint memorial was read the second time.

 

MOTION

 

                Senator Hargrove moved that the following amendment be adopted:

                  On page 2, beginning on line 31, strike all material through "service." on line 35, and insert the following:

                  "NOW, THEREFORE, Your Memorialists respectfully pray that Congress pass legislation to restore and revitalize federal funding for the Land and Water Conservation Fund. Lands shall be open for public use and enjoyment. We pray that Congress create a new dedicated fund for state-level fish and wildlife management, which would be administered by the United States fish and wildlife service."

                Debate ensued.

                The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 2, beginning on line 31, to House Joint Memorial 4012.

                The motion by Senator Hargrove carried and the amendment was adopted.

 

MOTION

 

                On motion of Senator Fraser, the rules were suspended, House Joint Memorial No. 4012, as amended by the Senate, was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

                Debate ensued.

                The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4012, as amended by the Senate.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of House Joint Memorial No. 4012, as amended by the Senate, and the joint memorial passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 44.

     Absent: Senator Prentice - 1.

     Excused: Senators Haugen, Oke, Sheldon, B. and Zarelli - 4.

                 HOUSE JOINT MEMORIAL NO. 4012, as amended by the Senate, having received the constitutional majority, was declared passed.

 

SECOND READING

 

                HOUSE BILL NO. 2081, by Representatives Ruderman, Crouse, Dunshee, Thomas, Kessler, Murray, O'Brien, Ogden, Rockefeller, Stensen, Constantine and Lantz (by request of Governor Locke)

 

Continuing a moratorium that prohibits a city or town from imposing a specific fee or tax on an internet service provider.

 

                The bill was read the second time.

 

MOTION

 

                On motion of Senator Brown, the rules were suspended, House Bill No. 2081 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

                The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2081.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of House Bill No. 2081 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 46.

     Excused: Senators Haugen, Sheldon, B. and Zarelli - 3.

                HOUSE BILL NO. 2081, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

                SUBSTITUTE HOUSE BILL NO. 1240, by House Committee on Education (originally sponsored by Representatives McMorris, Quall, Sump, Haigh, Keiser and Kenney) (by request of Superintendent of Public Instruction Bergeson)

 

Increasing medicaid reimbursements to second class school districts.

 

                The bill was read the second time.

 

MOTION

 

                On motion of Senator McAuliffe, the following Committee on Education striking amendment was adopted:

                  Strike everything after the enacting clause and insert the following:

                  "Sec. 1. RCW 74.09.5255 and 1994 c 180 s 6 are each amended to read as follows:

                  Of the projected federal medicaid and private insurance revenue collected under RCW 74.09.5249, ((twenty)) one-half of the percent of potential medicaid eligible students billed by the school district as calculated by the superintendent multiplied by the federal portion of medicaid payments, after deduction for billing fees, shall be for incentive payments to districts. Incentive payments shall only be used by districts for children with disabilities.

                  Sec. 2. RCW 74.09.5256 and 1994 c 180 s 7 are each amended to read as follows:

                  (1) Districts shall reassign medicaid payments to be received under RCW 74.09.5249 through 74.09.5253, 74.09.5254 and 74.09.5255, and this section to the superintendent of public instruction.

                  (2) The superintendent of public instruction shall receive medicaid payments from the department of social and health services for all state and federal moneys under Title XIX of the federal social security act due to districts for medical assistance provided in the district's special education program.

                  (3) The superintendent shall use reports from the department of social and health services, the state billing agent, districts acting as their own billing agent, and firms to calculate the appropriate amounts of incentive payments and state special education program moneys due each district.

                  (4) Moneys received by the superintendent of public instruction shall be disbursed for the following purposes:

                  (a) Reimbursement to the department of social and health services for the state-funded portion of medicaid payments;

                  (b) Reimbursement for billing agent's fees, including those of districts acting as their own agent and billing fees of firms;

                  (c) Incentive payments to each school district((s)) equal to ((twenty)) one-half of the percent of potential medicaid eligible students billed by the school district as calculated by the superintendent multiplied by the federal portion of medicaid payments after deduction for billing fees; and

                  (d) The remainder shall be distributed to districts as part of state allocations for the special education program provided under RCW 28A.150.390.

                  (5) With respect to private insurer funds received by districts, the superintendent of public instruction shall reduce state special education program allocations to the districts by ((eighty percent of the amount received)) one minus the percent calculated by the superintendent in subsection (4)(c) of this section, after deduction for billing fees."

 

MOTIONS

 

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

                  On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "and amending RCW 74.09.5255 and 74.09.5256."

                On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1240, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

                Debate ensued.

                The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1240, as amended by the Senate.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of Substitute House Bill No. 1240, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 47.

     Excused: Senators Haugen and Zarelli - 2.

                SUBSTITUTE HOUSE BILL NO. 1240, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

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

 

SECOND READING

 

                SUBSTITUTE HOUSE BILL NO. 1770, by House Committee on Education (originally sponsored by Representatives Stensen and Talcott) (by request of Board of Education)

 

Adopting recommendations of the state board of education.

 

                The bill was read the second time.

 

MOTION

 

                On motion of Senator McAuliffe, the following Committee on Education striking amendment was adopted:

                  Strike everything after the enacting clause and insert the following:

                  "NEW SECTION. Sec. 1. During 1997 and 1998, a committee of the state board of education reviewed all board rules and related authorizing statutes. Based on the findings and recommendations resulting from the review, the state board prepared a report to the legislature requesting action be taken. It is the intent of this act to implement recommendations of the state board of education.

                  Sec. 2. RCW 28A.205.010 and 1993 c 211 s 1 are each amended to read as follows:

                  (1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary:

                  "Education center" means any private school operated on a profit or nonprofit basis which does the following:

                  (a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.

                  (b) Operates on a clinical, client centered basis. This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.

                  (c) Conducts courses of instruction by professionally trained personnel certificated by the state board of education according to rules ((and regulations promulgated)) adopted for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an education center shall be deemed equal to a year's teaching experience in a common or private school.

                  (2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting of the common schools or the approval of private schools under RCW 28A.305.130.

                  (3) The state board of education shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) ((above)) of this section and (b) demonstration on the basis of actual educational performance of such applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program. Such certification may be withdrawn if the board finds that a center fails to provide adequate instruction in basic academic skills. No education center certified by the state board of education pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.

                  Sec. 3. RCW 28A.205.020 and 1997 c 265 s 7 are each amended to read as follows:

                  Only eligible common school dropouts shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040. A person is not an eligible common school dropout if: (1) The person has completed high school, (2) the person has not reached his or her twelfth birthday or has passed his or her twentieth birthday, (3) the person shows proficiency beyond the high school level in a test approved by the ((superintendent of public instruction)) state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has passed after the person has dropped out of any common school and the education center has not received written verification from a school official of the common school last attended in this state that the person is no longer in attendance at the school. A person is an eligible common school dropout even if one month has not passed since the person dropped out if the board of directors or its designee, of that common school, requests the center to admit the person because the person has dropped out or because the person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion. The fact that any person may be subject to RCW 28A.225.010 through ((28A.225.150)) 28A.225.140, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter.

                  Sec. 4. RCW 28A.205.040 and 1990 c 33 s 183 are each amended to read as follows:

                  (1)(a) From funds appropriated for that purpose, the superintendent of public instruction shall pay fees to a certified ((clinic)) center on a monthly basis for each student enrolled in compliance with RCW 28A.205.020((, fees in accordance with the following conditions:

                  (1)(a) The fee for the initial diagnostic procedure shall be not more than fifty dollars per student, and hourly fees for each student shall be sixteen dollars if the class size is no greater than one, ten dollars if the class size is at least two and no greater than five, and five dollars if the class size is at least six: PROVIDED, That)). The superintendent shall set fees by rule.

                  (b) Revisions in such fees proposed by an education ((clinic)) center shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect((: PROVIDED FURTHER, That)). An education ((clinic)) center may, within fifteen days after such a finding by the superintendent, file notification of appeal with the state board of education which shall, no later than its second regularly scheduled meeting following notification of such appeal, either grant or deny the proposed revision((: AND PROVIDED FURTHER, That)). The administration of any general education development test shall not be a part of such initial diagnostic procedure.

                  (((b))) (c) Reimbursements shall not be made for students who are absent.

                  (((c))) (d) No ((clinic)) center shall make any charge to any student, or the student's parent, guardian or custodian, for whom a fee is being received under the provisions of this section.

                  (2) Payments shall be made from available funds first to those ((clinic(s) which)) centers that have in the judgment of the superintendent demonstrated superior performance based upon consideration of students' educational gains taking into account such students' backgrounds, and upon consideration of cost effectiveness. In considering the cost effectiveness of nonprofit ((clinics)) centers the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status.

                  (3) To be eligible for such payment, every such ((clinic)) center, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours.

                  (4) If total funds for this purpose approach depletion, the superintendent shall notify the ((clinics)) centers of the date after which further funds for reimbursement of the ((clinics')) centers' services will be exhausted.

                  Sec. 5. RCW 28A.225.160 and 1986 c 166 s 1 are each amended to read as follows:

                  Except as otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons who are five years of age and less than twenty-one years residing in that school district. Except as otherwise provided by law or rules adopted by the state board of education, ((the state board of education is hereby authorized to adopt rules in accordance with chapter 34.05 RCW which)) districts may establish uniform entry qualifications, including but not limited to birth date requirements, for admission to kindergarten and first grade programs of the common schools. Such rules may provide for exceptions based upon the ability, or the need, or both, of an individual student. For the purpose of complying with any rule adopted by the state board of education which authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees ((not to exceed seventy-five dollars per preadmission student)) to cover expenses incurred in the administration of ((such a)) any preadmission screening process: PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such fees in the cases of those persons whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees.

                  Sec. 6. RCW 28A.300.040 and 1992 c 198 s 6 are each amended to read as follows:

                  In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

                  (1) To have supervision over all matters pertaining to the public schools of the state((.));

                  (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools((.));

                  (3) To prepare and have printed such forms, registers, courses of study, rules ((and regulations)) for the government of the common schools, ((questions prepared for the examination of persons as provided for in RCW 28A.305.130(9),)) and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents((.));

                  (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials((.));

                  (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules ((and regulations)) related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount((.));

                  (6) To act as ex officio member and the chief executive officer of the state board of education((.));

                  (7) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to((.));

                  (8) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct((.));

                  (9) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state((.));

                  (10) To issue certificates as provided by law((.));

                  (11) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education((.));

                  (12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction((.));

                  (13) To administer oaths and affirmations in the discharge of the superintendent's official duties((.));

                  (14) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office((.));

                  (15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025((.));

                  (16) To perform such other duties as may be required by law.

                  NEW SECTION. Sec. 7. The following sections are each recodified as a new chapter in Title 28A RCW:

                  RCW 28A.315.350

                  RCW 28A.315.380

                  RCW 28A.315.390

                  RCW 28A.315.400

                  RCW 28A.315.410

                  RCW 28A.315.420

                  RCW 28A.315.430

                  RCW 28A.315.440

                  NEW SECTION. Sec. 8. The following sections are each recodified as a new chapter in Title 28A RCW:

                  RCW 28A.315.450

                  RCW 28A.315.650

                  RCW 28A.315.470

                  RCW 28A.315.480

                  RCW 28A.315.490

                  RCW 28A.315.500

                  RCW 28A.315.530

                  RCW 28A.315.510

                  RCW 28A.315.540

                  NEW SECTION. Sec. 9. The following sections are each recodified as a new chapter in Title 28A RCW:

                  RCW 28A.315.570

                  RCW 28A.315.460

                  RCW 28A.315.600

                  RCW 28A.315.610

                  RCW 28A.315.620

                  RCW 28A.315.630

                  RCW 28A.315.670

                  RCW 28A.315.680

                  RCW 28A.315.550

                  NEW SECTION. Sec. 10. The following sections are each recodified as a new chapter in Title 28A RCW:

                  RCW 28A.315.560

                  RCW 28A.315.580

                  RCW 28A.315.590

                  RCW 28A.315.593

                  RCW 28A.315.660

                  RCW 28A.315.597

                  RCW 28A.315.640

                  NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

                  (1) RCW 28A.04.172 (Post-baccalaureate professional teacher preparation program--Masters degree--Implementation--Standards) and 1987 c 525 s 214; and

                  (2) RCW 28A.410.013 (Teacher assessment for certification--Study--Report to the legislature) and 1995 c 222 s 1."

 

MOTIONS

 

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

                  On page 1, line 2 of the title, after "authority;" strike the remainder of the title and insert "amending RCW 28A.205.010, 28A.205.020, 28A.205.040, 28A.225.160, and 28A.300.040; adding new chapters to Title 28A RCW; creating a new section; recodifying RCW 28A.315.350, 28A.315.380, 28A.315.390, 28A.315.400, 28A.315.410, 28A.315.420, 28A.315.430, 28A.315.440, 28A.315.450, 28A.315.650, 28A.315.470, 28A.315.480, 28A.315.490, 28A.315.500, 28A.315.530, 28A.315.510, 28A.315.540, 28A.315.570, 28A.315.460, 28A.315.600, 28A.315.610, 28A.315.620, 28A.315.630, 28A.315.670, 28A.315.680, 28A.315.550, 28A.315.560, 28A.315.580, 28A.315.590, 28A.315.593, 28A.315.660, 28A.315.597, and 28A.315.640; and repealing RCW 28A.04.172 and 28A.410.013."

                On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1770, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

                The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1770, as amended by the Senate.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of Substitute House Bill No. 1770, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 45.

     Absent: Senators McDonald and Patterson - 2.

     Excused: Senators Sheldon, B. and Zarelli - 2.

                SUBSTITUTE HOUSE BILL NO. 1770, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

                On motion of Senator Franklin, Senator Prentice was excused.

 

SECOND READING

 

                HOUSE BILL NO. 1539, by Representative Parlette

 

Clarifying medicare supplement policies.

 

                The bill was read the second time.

 

MOTION

 

                On motion of Senator Thibaudeau, the following striking amendment by Senators Thibaudeau and Deccio was adopted:

                  Strike everything after the enacting clause and insert the following:

                  "Sec. 1. RCW 48.66.045 and 1995 c 85 s 3 are each amended to read as follows:

                  Every issuer of a medicare supplement insurance policy or certificate providing coverage to a resident of this state issued on or after January 1, 1996, shall:

                  (1) Issue coverage under its approved standardized benefit plans ((B, C, D, E, F, and G)) without evidence of insurability to any resident of this state who is eligible for both medicare hospital and physician services by reason of age or by reason of disability or end-stage renal disease, if the medicare supplement policy replaces another ((medicare supplement standardized)) benefit plan, policy, or certificate ((B, C, D, E, F, or G,)) or other ((more comprehensive)) coverage ((than the replaced policy)). The replacing issuer shall waive any time periods applicable to preexisting conditions in the medicare supplement contract for similar benefits to the extent that similar exclusions have been satisfied under the original coverage; and

                  (2) ((Issue coverage under its standardized plans A, H, I, and J without evidence of insurability to any resident of this state who is eligible for both medicare hospital and physician services by reason of age or by reason of disability or end-stage renal disease, if the medicare supplement policy replaces another medicare supplement policy or certificate which is the same standardized plan as the replaced policy; and

                  (3))) Set rates only on a community-rated basis. Premiums shall be equal for all policyholders and certificate holders under a standardized medicare supplement benefit plan form, except that an issuer may develop no more than two rating pools that distinguish between an insured's eligibility for medicare by reason of:

                  (a) Age; or

                  (b) Disability or end-stage renal disease.

                  NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

 

MOTION

 

                On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 1539, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

                The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1539, as amended by the Senate.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of House Bill No. 1539, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 47.

     Excused: Senators Prentice and Zarelli - 2.

                 HOUSE BILL NO. 1539, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

                SUBSTITUTE HOUSE BILL NO. 1291, by House Committee on State Government (originally sponsored by Representatives D. Schmidt, McMorris, Romero, Scott, Wensman, Esser, Miloscia, Benson, D. Sommers and Dunn)

 

Making various changes in election laws.

 

                The bill was read the second time.

 

MOTION

 

                Senator Patterson moved that the following Committee on State and Local Government striking amendment be adopted:

                  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:

                  (a) His or her full name;

                  (b) Whether the address in the driver's license file is the same as his or her residence for voting purposes;

                  (c) The address of the residence for voting purposes if it is different from the address in the driver's license file;

                  (d) His or her mailing address if it is not the same as the address in (c) of this subsection;

                  (e) Additional information on the geographic location of that voting residence if it is only identified by route or box;

                  (f) The last address at which he or she was registered to vote in this state;

                  (g) A declaration that he or she is a citizen of the United States; and

                  (h) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and to prevent duplicate or fraudulent voter registrations.

                  (3) The following warning shall appear in a conspicuous place on the voter registration form:

                  "If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."

                  (4) The applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath:

                  "I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days before the next election at which I vote, and I will be at least eighteen years old when I vote."

                  (5) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration.

                  Sec. 7. RCW 29.08.080 and 1993 c 434 s 8 are each amended to read as follows:

                  The secretary of state shall furnish registration forms necessary to carry out the registration of voters as provided by this chapter without cost to the respective counties. ((However, costs incurred by the secretary of state during 1994 and 1995 in the printing and distribution of voter registration forms shall be reimbursed by the counties. This cost shall be considered an election cost under RCW 29.13.045 and be prorated as part of the 1994 and 1995 general election costs.))

                  Sec. 8. RCW 29.10.100 and 1994 c 57 s 43 are each amended to read as follows:

                  ((On the Monday next following)) Once each week after the cancellation of the registration of any voter or the change of name of a voter, each county auditor ((must)) shall certify ((to)) all cancellations or name changes ((made during the prior week)) to the secretary of state. The certificate shall set forth the name of each voter whose registration has been canceled or whose name was changed, and the county, city or town, and precinct in which the voter was registered.

                  Sec. 9. RCW 29.15.025 and 1993 c 317 s 10 are each amended to read as follows:

                  (1) A person filing a declaration and affidavit of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.

                  (2) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in RCW 3.46.067 and 3.50.057, the candidate is, at the time the candidate's declaration and affidavit of candidacy is filed, properly registered to vote in the geographic area represented by the office. For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration and affidavit of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations and affidavits of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.

                  (3) This section does not apply to the office of a member of the United States congress.

                  Sec. 10. RCW 29.15.050 and 1990 c 59 s 85 are each amended to read as follows:

                  A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per diem or per meeting attended basis((, nor for the filing of any declaration of candidacy by a write-in candidate)).

                  A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a nominating petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.

                  When the candidacy is for:

                  (1) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.

                  (2) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.

                  Sec. 11. RCW 29.30.101 and 1990 c 59 s 14 are each amended to read as follows:

                  The names of the persons certified as nominees by the secretary of state or the county canvassing board shall be printed on the ballot at the ensuing election.

                  No name of any candidate whose nomination at a primary is required by law shall be placed upon the ballot at a general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board, or (3) a minor party convention or the state or county central committee of a major political party to fill a vacancy on its ticket under RCW 29.18.160.

                  Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear more than once upon a ballot for a position regularly nominated or elected at the same election.

                  Sec. 12. RCW 29.36.013 and 1993 c 418 s 1 are each amended to read as follows:

                  Any voter may apply, in writing, for status as an ongoing absentee voter. Each qualified applicant shall automatically receive an absentee ballot for each ensuing election for which he or she is entitled to vote and need not submit a separate request for each election. Ballots received from ongoing absentee voters shall be validated, processed, and tabulated in the same manner as other absentee ballots.

                  Status as an ongoing absentee voter shall be terminated upon any of the following events:

                  (1) The written request of the voter;

                  (2) The death or disqualification of the voter;

                  (3) The cancellation of the voter's registration record; ((or))

                  (4) The return of an ongoing absentee ballot as undeliverable; or

                  (5) Upon placing a voter on inactive status under RCW 29.10.071.

                  Sec. 13. RCW 29.57.010 and 1985 c 205 s 1 are each amended to read as follows:

                  The intent of this chapter is to ((implement Public Law 98-435 which)) require((s)) state and local election officials((, wherever possible,)) to designate and use polling places in ((federal)) all elections and permanent registration locations which are accessible to elderly and handicapped persons. County auditors ((are encouraged to)) shall:

                  (1) Make modifications such as installation of temporary ramps or relocation of polling places within buildings, where appropriate;

                  (2) Designate new, accessible polling places to replace those that are inaccessible; and

                  (3) Continue to use polling places and voter registration locations which are accessible to elderly and handicapped persons.

                  Sec. 14. RCW 29.57.070 and 1985 c 205 s 3 are each amended to read as follows:

                  No later than April 1st of each even-numbered year ((until and including 1994)), each county auditor shall ((report)) submit to the secretary of state((, on the form provided by the secretary of state,)) a list showing the number of ((all)) polling places in the county((,)) and specifying any that have been found inaccessible. The auditor shall indicate the reasons for inaccessibility, and what efforts have been made pursuant to this chapter to locate alternative polling places or to make the existing facilities temporarily accessible. ((Each county auditor shall notify the secretary of state of any changes in polling place locations before the next state general election, including any changes required due to alteration of precinct boundaries.))

                  If a county auditor's list shows, for two consecutive reporting periods, that no polling places have been found inaccessible, the auditor need not submit further reports unless the secretary of state specifically reinstates the requirement for that county. Notice of reinstatement must be in writing and delivered at least sixty days before the reporting date.

                  Sec. 15. RCW 29.57.090 and 1985 c 205 s 5 are each amended to read as follows:

                  The secretary of state shall establish procedures to assure that, in any ((state)) primary or ((state general)) election ((in an even-numbered year)), any handicapped or elderly voter assigned to an inaccessible polling place will, upon advance request of that voter, either be permitted to vote at an alternative accessible polling place not overly inconvenient to that voter or be provided with an alternative means of casting a ballot on the day of the primary or election. The county auditor shall make any accommodations in voting procedures necessary to allow the use of alternative polling places by elderly or handicapped voters under this section.

                  Sec. 16. RCW 29.57.100 and 1985 c 205 s 6 are each amended to read as follows:

                  Each polling place ((for a state primary or state general election in an even-numbered year shall)) must be accessible unless:

                  (1) The ((secretary of state has reviewed that polling place,)) county auditor has determined that it is inaccessible, that no alternative accessible polling place is available, that no temporary modification of that polling place or any alternative polling place is possible, and that the county auditor has complied with the procedures established under RCW 29.57.090; or

                  (2) The secretary of state determines that a state of emergency exists that would otherwise interfere with the efficient administration of ((that)) the primary or election.

                  Sec. 17. RCW 29.57.130 and 1985 c 205 s 9 are each amended to read as follows:

                  (1) Each county auditor shall provide voting and registration instructions, printed in large type, to be conspicuously displayed at each polling place and permanent registration facility.

                  (2) The ((secretary of state)) county auditor shall make information available for deaf persons throughout the state by telecommunications.

                  Sec. 18. RCW 29.57.140 and 1985 c 205 s 10 are each amended to read as follows:

                  The ((secretary of state)) county auditor shall provide public notice of the availability of registration and voting aids, assistance to elderly and handicapped persons ((under RCW 29.51.200 and 42 U.S.C. Section 1973aa-6)), and procedures for voting by absentee ballot calculated to reach elderly and handicapped persons not later than public notice of the closing of registration for ((the state)) a primary ((and state general)) or election ((in each even-numbered year)).

                  Sec. 19. RCW 29.57.150 and 1985 c 205 s 11 are each amended to read as follows:

                  Each county auditor shall include a notice of the accessibility of polling places in the notice of election published under RCW 29.27.030 and 29.27.080 ((for the state primary and state general election in each even-numbered year)).

                  Sec. 20. RCW 29.57.160 and 1985 c 205 s 12 are each amended to read as follows:

                  (1) County auditors shall seek alternative polling places or other low-cost alternatives including, but not limited to, procedural changes and assistance from local disabled groups, service organizations, and other private sources before incurring costs for modifications under this chapter ((and Public Law 98-435)).

                  (2) ((In a state primary or state general election in an even-numbered year,)) The cost of those modifications to buildings or other facilities, including signs designating handicapped accessible parking and entrances, that are necessary to permit the use of those facilities for polling places under this chapter ((and Public Law 98-435)) or any procedures established under RCW 29.57.090 shall be treated as election costs and prorated under RCW 29.13.045.

                  Sec. 21. RCW 29.62.090 and 1990 c 262 s 1 are each amended to read as follows:

                  (1) Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The abstract shall be entered on blanks furnished by the secretary of state or on compatible computer printouts approved by the secretary of state, and transmitted to the secretary of state no later than the next business day following the certification by the county canvassing board.

                  (2) After each general election ((in an even-numbered year)), the county auditor or other election officer shall provide to the secretary of state a report of the number of absentee ballots cast in each precinct for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The report may be included in the abstract required by this section or may be transmitted to the secretary of state separately, but in no event later than March 31 of the year following the election. Absentee ballot results may be incorporated into votes cast at the polls for each precinct or may be reported separately on a precinct-by-precinct basis.

                  (3) If absentee ballot results are not incorporated into votes cast at the polls, the county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's absentee ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which absentee results are aggregated shall be contiguous.

                  NEW SECTION. Sec. 22. The following acts or parts of acts are each repealed:

                  (1) RCW 29.57.030 and 1985 c 205 s 2 & 1979 ex.s. c 64 s 3;

                  (2) RCW 29.57.080 and 1985 c 205 s 4;

                  (3) RCW 29.57.110 and 1985 c 205 s 7; and

                  (4) RCW 29.57.120 and 1985 c 205 s 8."

 

MOTION

 

                Senator Benton moved that the following amendments to the Committee on State and Local Government striking amendment be considered simultaneously and be adopted:

                  On page 8, after line 3, insert the following:

                  "Sec. 11. RCW 29.30.025 and 1990 c 59 s 80 are each amended to read as follows:

                  After the close of business on the last day for candidates to ((file for office)) withdraw, the ((filing officer)) county auditor of each county shall((, from among those filings made in person and by mail,)) determine by lot the single order in which the names of ((those)) candidates will appear on all ((sample and absentee)) ballots for any partisan or nonpartisan office that will be voted upon by voters in the county at the primary. ((In the case of candidates for city, town, and district office, this procedure shall also determine the order for candidate names on the official primary ballot used at the polling place. The determination shall be done publicly and may be witnessed by the media and by any candidate.)) After the primary, or if no primary is required for any nonpartisan office under RCW 29.15.150 or 29.21.015, the county auditor of each county shall determine by lot the single order in which the names ((shall)) of nominees or candidates will appear on all ballots for any partisan or nonpartisan office that will be voted upon by the voters in that county at the general election ((ballot in the order determined by lot)).

                  A determination by lot under this section must be done publicly and may be witnessed by the media and by any candidate or nominee for the office, or a representative of the candidate or nominee.

                  Sec. 12. RCW 29.30.081 and 1990 c 59 s 13 are each amended to read as follows:

                  (1) On the top of each ballot there shall be printed instructions directing the voters how to mark the ballot, including write-in votes. After the instructions and before the offices shall be placed the questions of adopting constitutional amendments or any other state measure authorized by law to be submitted to the voters at that election.

                  (2) ((The candidate or candidates of the major political party which received the highest number of votes from the electors of this state for the office of president of the United States at the last presidential election shall appear first following the appropriate office heading, the candidate or candidates of the other major political parties shall follow according to the votes cast for their nominees for president at the last presidential election, and independent candidates and the candidate or candidates of all other parties shall follow in the order of their qualification with the secretary of state.

                  (3))) The names of candidates for president and vice-president for each political party shall be grouped together with a single response position for a voter to indicate his or her choice.

                  (((4))) (3) All paper ballots and ballot cards shall be sequentially numbered in such a way to permit removal of such numbers without leaving any identifying marks on the ballot."

Renumber the sections consecutively and correct any internal references accordingly.

                  On page 12, after line 18, insert the following:

                  "Sec. 21. RCW 29.80.060 and 1965 c 9 s 29.80.060 are each amended to read as follows:

                  Whenever practical, the secretary of state shall cause the pamphlets to be printed so that no candidate's picture or statement shall be included in the copy of the pamphlet going to any county where such candidate is not to be voted for.

                  ((The candidates' photographs and statements shall appear in the pamphlet in the same sequence as the positions sought appear on the state general election ballot.)) The secretary of state shall determine by lot the single order in which the names of nominees or candidates will appear for federal and state offices in the state candidates' pamphlet."

                  Renumber the sections consecutively and correct any internal references accordingly.

                  On page 12, line 21, after "(1)", insert the following:

"RCW 29.30.040 and 1990 c 59 s 94, 1977 ex.s. c 361 s 54, & 1965 c 9 s 29.30.040;

(2)"

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

                Debate ensued.

                The President declared the question before the Senate to be the adoption of the amendments by Senator Benton on page 8, after line 3; page 12, lines 18 and 21; to the Committee on State and Local Government striking amendment to Substitute House Bill No. 1291.

                The motion by Senator Benton failed and the amendments to the committee striking amendment were not adopted.

                The President declared the question before the Senate to be the adoption of the Committee on State and Local Government striking amendment to Substitute House Bill No. 1291.

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

 

MOTIONS

 

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

                   On page 1, line 1 of the title, after "laws;" strike the remainder of the title and insert "amending RCW 29.04.050, 29.04.120, 29.04.170, 29.07.010, 29.07.120, 29.07.260, 29.08.080, 29.10.100, 29.15.025, 29.15.050, 29.30.101, 29.36.013, 29.57.010, 29.57.070, 29.57.090, 29.57.100, 29.57.130, 29.57.140, 29.57.150, 29.57.160, and 29.62.090; and repealing RCW 29.57.030, 29.57.080, 29.57.110, and 29.57.120."

                On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1291, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

                Debate ensued.

                The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1291, as amended by the Senate.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of Substitute House Bill No. 1291, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 48.

     Excused: Senator Zarelli - 1.

                SUBSTITUTE HOUSE BILL NO. 1291, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

                SECOND SUBSTITUTE HOUSE BILL NO. 1574, by House Committee on Appropriations (originally sponsored by Representatives Alexander, Parlette, Cody, Radcliff, O'Brien, Schual-Berke, Reardon, Quall, Santos, Cooper, Linville, Ericksen and Hurst)

 

Administering atypical antipsychotic medications.

 

                The bill was read the second time.

 

MOTION

 

                On motion of Senator Hargrove, the following Committee on Human Services and Corrections striking amendment was adopted:

                  Strike everything after the enacting clause and insert the following:

                  "Sec. 1. RCW 13.34.030 and 1998 c 130 s 1 are each amended to read as follows:

                  For purposes of this chapter:

                  (1) "Chemical dependency treatment" means a service certified by the department as qualified in helping individuals successfully recover from the nonprescription use of controlled substances.

                  (2) "Child" and "juvenile" means any individual under the age of eighteen years.

                  (((2))) (3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree, a permanent custody order, or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

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

                  (5) "Dependency finding" means a determination by the court that a child is a dependent child.

                  (6) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.

                  (((4))) (7) "Dependency petition" means a petition filed under this chapter.

                  (8) "Dependent child" means any child:

                  (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;

                  (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or

                  (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

                  (((5))) (9) "Drug-affected infant" has the definition created by the department of health in conjunction with the department of social and health services under RCW 13.34.801 and the infant requires treatment for withdrawal from controlled substances the infant was exposed to from the mother's use of nonprescription controlled substances or the infant requires treatment and services related to conditions that extend beyond the point of withdrawal.

                  (10) "Family planning" means the process of limiting or spacing the birth of children, education, counseling, information, and services. "Family planning" does not include pregnancy termination.

                  (11) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

                  (((6))) (12) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

                  (((7))) (13) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

                  (((8))) (14) "Newborn infant" means an infant within seven days after birth.

                  (15) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

                  (((9))) (16) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

                  (17) "Test" means use of a medically accepted standard of care for determining whether a newborn infant is a drug-affected infant.

                  NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

                  In an effort to reduce the harmful effects of drug-affected infants:

                  (1)(a) A woman's primary health care provider shall:

                  (i) Screen pregnant and lactating women for nonprescription use of controlled substances while pregnant. Screening criteria may include, but is not limited to, the criteria developed by the department of health pursuant to chapter 70.83E RCW;

                  (ii) Convey to the infant's primary health care provider screening findings that would suggest the need for testing of the infant, or conduct the testing; and

                  (iii) Inform each woman identified by screening for testing of her infant that if her infant is born drug-affected she can have a tubal ligation at no cost to her within six months following the birth if she is eligible for support under RCW 74.09.310, and how to access appropriate chemical dependency treatment.

                  (b) The provider shall not be liable for a decision regarding testing or reporting unless the decision amounts to gross negligence or intentional misconduct.

                  (2)(a) The health care provider of a newborn infant shall:

                  (i) Test any infant the provider reasonably believes is drug-affected; and

                  (ii) Notify the department of the name and address of the parent or parents of a drug-affected infant.

                  (b) The provider shall not be liable for a decision regarding testing or reporting unless the decision amounts to gross negligence or intentional misconduct.

                  (3) The department shall investigate all reports received under this section.

                  NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:

                  When an infant is determined to be a first drug-affected infant, the department shall file a dependency petition in appropriate cases. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

                  (1) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis. The mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days. In addition, the agreement shall:

                  (a) Specify completion dates for each of the conditions of treatment;

                  (b) Expire within twelve months of the date of execution; and

                  (c) Not be renegotiated or extended beyond twelve months of the date of execution unless the conditions, which were negotiated, cannot be fulfilled in twelve months and the reason the conditions cannot be fulfilled are completely beyond the control of the mother.

                  (2) If the department has filed a dependency petition and the department and the mother enter an agreement under subsection (1) of this section, the department shall request the court defer entry of a dependency finding for as long as the mother abides by the terms of the agreement subject to the department's monitoring compliance.

                  (3) As a condition of deferral of the dependency finding, the parties shall stipulate to facts sufficient to constitute a dependency. In the event a party unreasonably refuses to stipulate to facts sufficient to constitute a dependency, the court may proceed with hearings on the petition.

                  (4) If the court orders deferral of the dependency finding, the court shall order performance of the agreement and shall prohibit nonprescription use of controlled substances.

                  (5) The department or any party to the petition may request the court dismiss a deferred finding at any time if the mother demonstrates by clear and convincing evidence that she has not used controlled substances for at least twelve consecutive months unless the court finds compelling reasons to shorten the time after consulting with the substance abuse provider, but under no circumstances less than six months, and she can safely provide for the child's welfare without continuing supervision by the department or court.

                  (6) In the event the department does not file a petition or enter an agreement, the department shall refer the mother to available chemical dependency treatment.

                  NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:

                   When an infant is determined to be a second drug-affected infant, the department shall file a dependency petition for the second drug-affected infant unless compelling reasons exist to the contrary. The department may proceed immediately with a dependency petition on the first drug-affected infant. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

                  (1) The department and the mother may enter an agreement in which the mother agrees to inpatient chemical dependency treatment unless the department determines outpatient treatment is in the best interest of the child and participation in a model project developed under RCW 13.34.800 for aftercare services if the model project is available. The mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days. In addition, the agreement shall:

                  (a) Specify completion dates for each of the conditions of treatment;

                  (b) Expire within twelve months of the date of execution; and

                  (c) Not be renegotiated or extended beyond twelve months of the date of execution unless the conditions, which were negotiated, cannot be fulfilled in twelve months and the reason the conditions cannot be fulfilled are completely outside the control of the mother.

                  (2) If the department has filed a dependency petition and the department and the mother enter an agreement under subsection (1) of this section, the department shall request the court defer entry of a dependency finding for as long as the mother abides by the terms of the agreement subject to the department's monitoring compliance.

                  (3) As a condition of deferral of the dependency finding, the parties shall stipulate to facts sufficient to constitute a dependency. In the event a party unreasonably refuses to stipulate to facts sufficient to constitute a dependency, the court may proceed with hearings on the petition.

                  (4) If the court orders deferral of the dependency finding, the court shall order performance of the agreement and shall prohibit nonprescription use of controlled substances.

                  (5) The department or the mother may request the court dismiss a deferred finding at any time if the mother demonstrates by clear and convincing evidence that she has not used controlled substances for at least twelve consecutive months unless the court finds compelling reasons to shorten the time after consulting with the substance abuse provider, but under no circumstances less than six months, and she can safely provide for the child's welfare without continuing supervision by the department or court.

                  (6) In the event the department does not file a petition or enter an agreement, the department shall refer the mother to available chemical dependency treatment programs.

                  NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

                  Unless compelling reasons exist to the contrary, the department shall file a dependency petition when an infant is determined to be a third or subsequent drug-affected infant. Unless compelling reasons exist to the contrary, the department shall proceed with dependency petitions on all drug-affected children born before the third or subsequent birth. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

                  (1) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020, who shall undertake the processes described in RCW 70.96A.140. If the mother enters chemical dependency treatment, the mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days.

                  (2) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient chemical dependency treatment and an aftercare chemical dependency treatment program unless compelling reasons exist to the contrary. The mother must establish to the court that she can safely provide for the welfare of her child or children.

                  NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

                  Nothing in sections 2 through 5 of this act may be interpreted to prohibit or compel action in the best interests of the child by the department independent from the drug-affected status of an infant.

                  NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:

                  Notwithstanding sections 2 through 5 of this act, no provider of chemical dependency treatment services may be required by law or contract in any circumstance to participate in the provision of family planning services if the provider objects to so doing for reasons of conscience or religion. Each provider of chemical dependency treatment that invokes the exemption provided under this section shall promptly provide written notice to persons admitted to treatment listing the family planning services the provider refuses to provide for the reason of conscience or religion and how a person admitted to treatment may access family planning in an expeditious manner. When negotiating contracts for chemical dependency treatment services, the department shall prioritize contracted services under sections 3 through 5 of this act for the purpose of maximizing the number of providers who can show effective measurable outcomes in reducing chemical dependency and the birth of drug-affected infants through effective treatment regardless of whether or not they provide family planning services.

                  Sec. 8. RCW 13.34.070 and 1993 c 358 s 1 are each amended to read as follows:

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

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

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

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

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

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

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

 

NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.

 

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

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

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

                  Sec. 9. RCW 13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and amended to read as follows:

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

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

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

                  (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(((4))) (2)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

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

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

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

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

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

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

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

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

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

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

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

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

                  (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(((4))) (8)(a);

                  (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under ((section 23 of this act)) section 5 of this act.

                  (3) If reasonable efforts are not ordered under subsection (2) of this section a permanency ((plan [planning])) planning hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                  Sec. 10. RCW 74.09.310 and 1998 c 314 s 34 are each amended to read as follows:

                  The department may make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under ((section 20 or 21 of this act)) sections 3 through 5 of this act. Within available funds, the department may pay for any tubal ligations requested under ((section 19 of this act)) section 2 of this act if the mother's income is less than two hundred percent of the federal poverty level. The department shall report by December 1st of each year to the governor and legislature: (1) The number of tubal ligations performed as a result of ((chapter 314, Laws of 1998)) this act; (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.

                  Sec. 11. RCW 18.71.950 and 1998 c 314 s 36 are each amended to read as follows:

                  (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

                  (((2) This section expires June 30, 2002.))

                  Sec. 12. RCW 18.57.920 and 1998 c 314 s 37 are each amended to read as follows:

                  (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an osteopath licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

                  (((2) This section expires June 30, 2002.))

                  Sec. 13. RCW 18.79.903 and 1998 c 314 s 38 are each amended to read as follows:

                  (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an advanced registered nurse practitioner licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

                  (((2) This section expires June 30, 2002.))

                  NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

                  (1) RCW 18.57.930 (Application--1998 c 314) and 1998 c 314 s 43;

                  (2) RCW 18.71.960 (Application--1998 c 314) and 1998 c 314 s 42;

                  (3) RCW 18.79.904 (Application--1998 c 314) and 1998 c 314 s 44;

                  (4) RCW 70.96A.330 (Treatment programs and model projects--Provision of family planning) and 1998 c 314 s 33; and

                  (5) RCW 70.96A.340 (Treatment programs and model projects--Provision of family planning) and 1998 c 314 s 41.

                  NEW SECTION. Sec. 15. This act applies only to drug-affected infants born on or after the effective date of this act.

                  NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

                  NEW SECTION. Sec. 17. The Washington institute for public policy shall evaluate the outcomes of this act and report its findings to the legislature and governor not later than December 1, 2001. The evaluation shall include:

                  (1) The number of women who use nonprescription controlled substances during pregnancy and give birth to drug-affected infants;

                  (2) The number of women who use nonprescription controlled substances during pregnancy and give birth to subsequent drug-affected infants;

                  (3) The number of women who accept pharmaceutical pregnancy prevention while in chemical dependency treatment;

                  (4) The number of women who continue to engage in pharmaceutical pregnancy prevention or other reliable pregnancy prevention methods after concluding chemical dependency treatment;

                  (5) The number of women who accept the offer of free tubal ligation;

                  (6) The rate of successful completion of chemical dependency treatment among women who enter treatment under this act;

                  (7) The number of dependencies filed and deferred under this act and outcomes of the deferrals; and

                  (8) A description of the mother's chemical dependency including identification of the drugs and/or alcohol abused.

                  Sec. 18. RCW 71.24.310 and 1989 c 205 s 6 are each amended to read as follows:

                  The legislature finds that administration of chapter 71.05 RCW and this chapter can be most efficiently and effectively implemented as part of the regional support network defined in RCW 71.24.025. For this reason, the legislature intends that any enhanced program funding for implementation of chapter 71.05 RCW or this chapter, except for funds allocated for implementation of mandatory state-wide programs as required by federal statute, and except for funds appropriated for the purposes under section 19 of this act, be made available primarily to those counties participating in regional support networks.

                  NEW SECTION. Sec. 19. A new section is added to chapter 71.24 RCW to read as follows:

                  (1) To the extent funds are specifically appropriated for this purpose, the department shall establish a mechanism for providing financial assistance in accessing atypical antipsychotic medications for low-income persons not eligible for such assistance through medicaid or other third party payors or who are transitioning to medicaid eligibility. Persons eligible for atypical antipsychotic medication financial assistance through the mechanism established by the department shall include persons who:

                  (a) Have been appropriately prescribed atypical antipsychotic medications for a mental health condition; and

                  (b)(i) Are unable to function in daily activities, or (ii) cannot retain employment; or (iii) pose a likelihood of serious harm as defined in RCW 71.05.020; and

                  (c) Are low income and not eligible for such assistance through medicaid or other third party payors or are in the process of transitioning to medicaid eligibility. Persons must actively pursue medicaid eligibility or other third party payment. The department shall offer assistance in achieving medicaid eligibility to those persons who need assistance.

                  (2) The mechanism shall include an evaluation component measuring the outcomes and cost savings resulting from state financial assistance for atypical antipsychotic medications.

                  (3) Atypical antipsychotic medications purchased through the mechanism shall be competitively procured at a rate not greater than the rates paid for atypical antipsychotic medications under the department's medicaid program.

                  (4) The mechanism shall include provisions for distribution to communities state-wide based upon need.

                  (5) Any funds appropriated for this purpose shall not be subject to the funding formula developed pursuant to RCW 71.24.310.

                  (6) The mechanism shall include performance standards deemed appropriate by the department.

                  (7) The department shall pursue both state and federal funding sources for atypical antipsychotic medications.

                  (8) The department is authorized to adopt rules to implement the provisions of this section.

                  NEW SECTION. Sec. 20. If specific funding for the purposes of section 19 of this act, referencing section 19 of this act by section and bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, section 19 of this act is null and void."

 

MOTIONS

 

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

                On page 1, line 2 of the title, after "Relating to" strike the remainder of the title and insert "services to pregnant or mentally ill persons using pharmaceuticals; amending RCW 13.34.030, 13.34.070, 74.09.310, 18.71.950, 18.57.920, 18.79.903, and 71.24.310; reenacting and amending RCW 13.34.130; adding new sections to chapter 13.34 RCW; adding a new section to chapter 71.24 RCW; creating new sections; and repealing RCW 18.57.930, 18.71.960, 18.79.904, 70.96A.330, and 70.96A.340."

                On motion of Senator Hargrove, the rules were suspended, Second Substitute House Bill No. 1574, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

                The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1574, as amended by the Senate.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of Second Substitute House Bill No. 1574, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 48.

     Excused: Senator Zarelli - 1.

                SECOND SUBSTITUTE HOUSE BILL NO. 1574, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

                SUBSTITUTE HOUSE BILL NO. 1525, by House Committee on Judiciary (originally sponsored by Representatives Dickerson, Constantine and Lambert)

 

Authorizing mediation in guardianship proceedings.

 

                The bill was read the second time.

 

MOTION

 

                On motion of Senator Franklin, the following striking amendment by Senators Franklin, Long, Hargrove, Zarelli, and Stevens was adopted:

                  Strike everything after the enacting clause and insert the following:

                  "Sec. 1. RCW 2.56.030 and 1997 c 41 s 2 are each amended to read as follows:

                  The administrator for the courts shall, under the supervision and direction of the chief justice:

                  (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;

                  (2) Examine the state of the dockets of the courts and determine the need for assistance by any court;

                  (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;

                  (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;

                  (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;

                  (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;

                  (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;

                  (8) Act as secretary of the judicial conference referred to in RCW 2.56.060;

                  (9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;

                  (10) Administer programs and standards for the training and education of judicial personnel;

                  (11) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;

                  (12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;

                  (13) Attend to such other matters as may be assigned by the supreme court of this state;

                  (14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;

                  (15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive state-wide curriculum, training requirements, and continuing education requirements for persons who act as guardians ad litem under Title 13 or 26 RCW except these requirements do not apply to the attorney general or any prosecuting attorney functioning as the guardian ad litem pursuant to RCW 74.20.310. The curriculum, training requirements, and continuing education requirements shall ((be made available July 1, 1997, and)) include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum, training requirements, and continuing education requirements shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem and be updated yearly to reflect changes in statutes, court rules, or case law;

                  (16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;

                  (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts state-wide;

                  (18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;

                  (19) Maintain a list of all guardians ad litem or investigators under RCW 26.09.220 appointed pursuant to Titles 11, 13, and 26 RCW, who have been removed from the guardian ad litem registry in any superior court within the state pursuant to a grievance action that orders removal from the registry. Superior courts shall report to the administrator for the courts any order removing a guardian ad litem, investigator under RCW 26.09.220 from the registry; and

                  (20) Develop a model grievance procedure for use by the superior courts when dealing with complaints against: A guardian ad litem under chapter 11.88, 13.34, or 26.12 RCW; a court-appointed special advocate appointed under chapter 13.34 or 26.12 RCW; or an investigator appointed under RCW 26.09.220.

                  Sec. 2. RCW 11.88.090 and 1996 c 249 s 10 are each amended to read as follows:

                  (1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180 shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.

                  (2) Prior to the appointment of a guardian or a limited guardian, whenever it appears that the incapacitated person or incapacitated person's estate could benefit from mediation and such mediation would likely result in overall reduced costs to the estate, upon the motion of the alleged incapacitated person or the guardian ad litem, or subsequent to such appointment, whenever it appears that the incapacitated person or incapacitated person's estate could benefit from mediation and such mediation would likely result in overall reduced costs to the estate, upon the motion of any interested person, the court may:

                  (a) Require any party or other person subject to the jurisdiction of the court to participate in mediation;

                  (b) Establish the terms of the mediation; and

                  (c) Allocate the cost of the mediation pursuant to RCW 11.96.140.

                  (3) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:

                  (a) Be free of influence from anyone interested in the result of the proceeding; and

                  (b) Have the requisite knowledge, training, or expertise to perform the duties required by this section.

                  The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, each party with a statement including: His or her training relating to the duties as a guardian ad litem; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the guardian ad litem's statement, any party may set a hearing and file and serve a motion for an order to show cause why the guardian ad litem should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest. Notice of the hearing shall be provided to the guardian ad litem and all parties. If, after a hearing, the court enters an order replacing the guardian ad litem, findings shall be included, expressly stating the reasons for the removal. If the guardian ad litem is not removed, the court has the authority to assess to the moving party, attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.

                  No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition. The order appointing the guardian ad litem shall recite the duties set forth in subsection (((4))) (5) of this section. The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.

                  (((3))) (4)(a) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters. The court shall choose as guardian ad litem a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.

                  (b) To be eligible for the registry a person shall:

                  (i) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information:

                  (A) Level of formal education;

                  (B) Training related to the guardian ad litem's duties;

                  (C) Number of years' experience as a guardian ad litem;

                  (D) Number of appointments as a guardian ad litem and the county or counties of appointment;

                  (E) Criminal history, as defined in RCW 9.94A.030; and

                  (F) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.

                  The written statement of qualifications shall include a statement of the number of times the guardian ad litem has been removed for failure to perform his or her duties as guardian ad litem; and

                  (ii) Complete the model training program as described in (d) of this subsection.

                  (c) The background and qualification information shall be updated annually.

                  (d) The department of social and health services shall convene an advisory group to develop a model guardian ad litem training program and shall update the program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, aging, legal, court administration, the Washington state bar association, and other interested parties.

                  (e) The superior court shall require utilization of the model program developed by the advisory group as described in (d) of this subsection, to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem.

                  (((4))) (5) The guardian ad litem appointed pursuant to this section shall have the following duties:

                  (a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;

                  (b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;

                  (c) To meet with the person whose appointment is sought as guardian or limited guardian and ascertain:

                  (i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and

                  (ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;

                  (d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;

                  (e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, or durable powers of attorney; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;

                  (f) To provide the court with a written report which shall include the following:

                  (i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;

                  (ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;

                  (iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;

                  (iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;

                  (v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed. If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;

                  (vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;

                  (vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;

                  (viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; and

                  (ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition.

                  Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least fifteen days before the hearing on the petition, unless an extension or reduction of time has been granted by the court for good cause, the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse, all children not residing with a notified person, those persons described in (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150. If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report. If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;

                  (g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel.

                  (((5))) (6) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to subsection (((4))) (5)(f) of this section.

                  (((6))) (7) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing. If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report. At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days' notice of any motion to remove before the court enters such order. In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.

                  (((7))) (8) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.

                  (((8))) (9) The court-appointed guardian ad litem shall have the authority to move for temporary relief under chapter 7.40 RCW to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.

                  (((9))) (10) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That if no guardian or limited guardian is appointed the court may charge such fee to the petitioner or the alleged incapacitated person, or divide the fee, as it deems just; and if the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.

                  (((10))) (11) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.

                  (((11))) (12) The guardian ad litem shall appear in person at all hearings on the petition unless all parties provide a written waiver of the requirement to appear.

                  (((12))) (13) At any hearing the court may consider whether any person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary duty.

                  Sec. 3. RCW 11.88.090 and 1996 c 249 s 10 are each amended to read as follows:

                  (1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180 shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.

                  (2) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:

                  (a) Be free of influence from anyone interested in the result of the proceeding; and

                  (b) Have the requisite knowledge, training, or expertise to perform the duties required by this section.

                  The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, each party with a statement including: His or her training relating to the duties as a guardian ad litem; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the guardian ad litem's statement, any party may set a hearing and file and serve a motion for an order to show cause why the guardian ad litem should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest. Notice of the hearing shall be provided to the guardian ad litem and all parties. If, after a hearing, the court enters an order replacing the guardian ad litem, findings shall be included, expressly stating the reasons for the removal. If the guardian ad litem is not removed, the court has the authority to assess to the moving party, attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.

                  No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition. The order appointing the guardian ad litem shall recite the duties set forth in subsection (4) of this section. The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.

                  (3)(a) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters. The court shall choose as guardian ad litem a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. A person appointed under exceptional circumstances because of a particular expertise may be exempt from the training and continuing education requirements by the court if the court limits the scope of the person's appointment and finds the training and continuing education requirements are unrelated to the tasks the court has assigned to the person. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.

                  (b) To be eligible for the registry a person shall:

                  (i) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information:

                  (A) Level of formal education;

                  (B) Training related to the guardian ad litem's duties;

                  (C) Number of years' experience as a guardian ad litem;

                  (D) Number of appointments as a guardian ad litem and the county or counties of appointment;

                  (E) Criminal history, as defined in RCW 9.94A.030; and

                  (F) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.

                  The written statement of qualifications shall include ((a statement of the number of times the guardian ad litem has been removed for failure to perform his or her duties as guardian ad litem)) the names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action that orders removal from the registry, and the cause number of any case in which the court orders removal of the person because the person fails to perform his or her duties as guardian ad litem; and

                  (ii) Complete the ((model)) training ((program)) and continuing educational requirements as described in (((d))) (e) of this subsection. The training and continuing education requirements are not applicable to guardians ad litem appointed pursuant to court rule solely for the limited purpose of assessing a personal injury settlement.

                  (c) Superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications.

                  (d) The background and qualification information shall be updated annually.

                  (((d))) (e) The department of social and health services shall convene an advisory group to develop a model guardian ad litem training program and establish training and continuing educational requirements. The department, in consultation with the advisory group, shall update the model training program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, aging, legal, court administration, the Washington state bar association, and other interested parties.

                  (((e))) (f) The superior court shall require ((utilization of the model program developed by the advisory group as)) that any guardian ad litem appointed pursuant to this chapter comply with the training and continuing education requirements described in (((d))) (e) of this subsection((, to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem)), unless the guardian ad litem is appointed solely for the limited purposes of assessing a personal injury settlement.

                  (4) The guardian ad litem appointed pursuant to this section shall have the following duties:

                  (a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;

                  (b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;

                  (c) To meet with the person whose appointment is sought as guardian or limited guardian and ascertain:

                  (i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and

                  (ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;

                  (d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;

                  (e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, or durable powers of attorney, or blocked accounts in cases of personal injury settlements; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;

                  (f) To provide the court with a written report which shall include the following:

                  (i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;

                  (ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;

                  (iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;

                  (iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;

                  (v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed. If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;

                  (vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;

                  (vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;

                  (viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; ((and))

                  (ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition; and

                  (x) In cases of personal injury settlements, information relevant to the court's analysis of the offered settlement. The information relevant to the court's analysis may be specified by local court rule, and need not include information specified in subsection (4)(f)(i) through (ix) of this section.

                  Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least fifteen days before the hearing on the petition, unless an extension or reduction of time has been granted by the court for good cause, the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse, all children not residing with a notified person, those persons described in (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150. If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report. If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;

                  (g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel.

                  (5) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to subsection (4)(f) of this section.

                  (6) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing. If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report. At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days' notice of any motion to remove before the court enters such order. In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.

                  (7) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.

                  (8) The court-appointed guardian ad litem shall have the authority to move for temporary relief under chapter 7.40 RCW to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.

                  (9) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That if no guardian or limited guardian is appointed the court may charge such fee to the petitioner or the alleged incapacitated person, or divide the fee, as it deems just; and if the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency. In cases of personal injury settlements, guardian ad litem fees shall be negotiated among the parties, and approved by the court.

                  (10) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.

                  (11) The guardian ad litem shall appear in person at all hearings on the petition unless all parties provide a written waiver of the requirement to appear.

                  (12) At any hearing the court may consider whether any person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary duty.

                  NEW SECTION. Sec. 4. A new section is added to chapter 11.88 RCW to read as follows:

                  The court shall, in each order of appointment, specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval.

                  NEW SECTION. Sec. 5. A new section is added to chapter 11.88 RCW to read as follows:

                  All guardians ad litem are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with appropriate notice to all parties. All guardians ad litem may petition the court to shorten time to hear any emergency motions pursuant to court rules. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem who violates this section from any pending case or the guardian ad litem rotational registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.

                  Sec. 6. RCW 13.34.100 and 1996 c 249 s 13 are each amended to read as follows:

                  (1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by independent counsel in the proceedings.

                  (2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.

                  (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

                  (a) Level of formal education;

                  (b) Training related to the guardian's duties;

                  (c) Number of years' experience as a guardian ad litem;

                  (d) Number of appointments as a guardian ad litem and the county or counties of appointment; ((and))

                  (e) The name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action that orders removal from the registry, and the cause number of any case in which the court orders removal of the person because the person fails to perform his or her duties as guardian ad litem; and

                  (f) Criminal history, as defined in RCW 9.94A.030.

                  The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

                  Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action that orders removal from the registry, and the cause number of any case in which the court orders removal of the person because the person fails to perform his or her duties as guardian ad litem; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

                  (4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.

                  (5) A guardian ad litem through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.

                  (6) If the child requests legal counsel and is age twelve or older, or if the guardian ad litem or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child's position.

                  (7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to RCW 13.34.100 shall be deemed a guardian ad litem to represent the best interests of the minor in proceedings before the court.

                  (8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.

                  Sec. 7. RCW 13.34.102 and 1997 c 41 s 6 are each amended to read as follows:

                  (1)(a) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 13 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an alternative curriculum)) comply with alternative training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

                  (b) All persons appointed as guardians ad litem or court-appointed special advocates must comply with the continuing education requirements established under RCW 2.56.030(15).

                  (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

                  (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 13.34.100(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

                  (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

                  (d) Upon the motion of any party the court shall, if located in a judicial district with a population over one hundred thousand, remove a compensated guardian ad litem who was not selected from a rotational registry system. This subsection (2)(d) does not apply when the guardian ad litem was appointed: (i) Under exceptional circumstances authorized under (a) of this subsection; or (ii) as a result of a joint recommendation of the parties.

                  (3) The rotational registry system shall not apply to court-appointed special advocate programs.

                  Sec. 8. RCW 13.34.105 and 1993 c 241 s 3 are each amended to read as follows:

                  (1) Unless otherwise directed by the court, the duties of the guardian ad litem include but are not limited to the following:

                  (a) To ((represent)) investigate and ((be an advocate for)) report to the court factual information regarding the best interests of the child;

                  (b) To collect relevant information about the child's situation;

                  (c) To monitor all court orders for compliance and to bring to the court's attention any change in circumstances that may require a modification of the court's order; ((and))

                  (d) To report to the court information on: (i) The legal status of a child's membership in any Indian tribe or band; and (ii) the facts relating to the child's best interests; and

                  (e) Court-appointed special advocates may make recommendations based upon an independent investigation in the best interests of the child, which the court may consider and weigh in conjunction with the recommendations of all of the parties.

                  (2) ((The)) A guardian ad litem shall be deemed an officer of the court for the purpose of immunity from civil liability.

                  (3) Except for information or records specified in RCW 13.50.100(4), the guardian ad litem shall have access to all information available to the state or agency on the case. Upon presentation of the order of appointment by the guardian ad litem, any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the guardian ad litem to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under the age of thirteen years, unless such access is otherwise specifically prohibited by law.

                  (4) A guardian ad litem may release confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW.

                  (5) The guardian ad litem shall release case information in accordance with the provisions of RCW 13.50.100.

                  NEW SECTION. Sec. 9. A new section is added to chapter 13.34 RCW to read as follows:

                  The court shall, in each order of appointment, specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval.

                  NEW SECTION. Sec. 10. A new section is added to chapter 13.34 RCW to read as follows:

                  All guardians ad litem and court-appointed special advocates are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with appropriate notice to all parties. All guardians ad litem may petition the court to shorten time to hear any emergency motions pursuant to court rules. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or court-appointed special advocate who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.

                  Sec. 11. RCW 26.12.175 and 1996 c 249 s 15 are each amended to read as follows:

                  (1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county.

                  (b) Unless otherwise ordered, the guardian ad litem's role is to investigate and report to the court concerning parenting arrangements for the child((, and to represent the child's best interests)). This should include factual information regarding the best interests of the child. Additionally, if a minor expresses his or her custody wishes, the guardian ad litem must report the wishes to the court. The child's wishes do not determine placement. The court may require the guardian ad litem to provide periodic reports to the parties regarding the status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial.

                  (c) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

                  (2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case.

                  (b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services.

                  (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

                  (a) Level of formal education;

                  (b) Training related to the guardian's duties;

                  (c) Number of years' experience as a guardian ad litem;

                  (d) Number of appointments as a guardian ad litem and county or counties of appointment; ((and))

                  (e) The name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action that orders removal from the registry, and the cause number of any case in which the court orders removal of the person because the person fails to perform his or her duties as guardian ad litem; and

                  (f) Criminal history, as defined in RCW 9.94A.030.

                  The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

                  Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action that orders removal from the registry, and the cause number of any case in which the court orders removal of the person because the person fails to perform his or her duties as guardian ad litem; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

                  (4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.

                  Sec. 12. RCW 26.12.177 and 1997 c 41 s 7 are each amended to read as follows:

                  (1)(a) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) and investigators appointed under RCW 26.09.220 must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an alternative curriculum)) comply with alternative training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

                  (b) All persons appointed as guardians ad litem, investigators under RCW 26.09.220, or court-appointed special advocates must comply with the continuing education requirements established under RCW 2.56.030(15).

                  (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem and investigators under RCW 26.09.220. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem and investigators under RCW 26.09.220 shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

                  (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

                  (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

                  (d) Upon the motion of any party the court shall, if located in a judicial district with a population over one hundred thousand, remove a compensated guardian ad litem who was not selected from a rotational registry system. This subsection (2)(d) does not apply when the guardian ad litem was appointed: (i) Under exceptional circumstances authorized under (a) of this subsection; or (ii) as a result of a joint recommendation of the parties.

                  (e) Under this section, within either registry referred to in (a) of this subsection, a subregistry may be created that consists of guardians ad litem under contract with the department of social and health services' division of child support. Guardians ad litem on such a subregistry shall be selected and appointed in state-initiated paternity cases only.

                  (3) The rotational registry system shall not apply to court-appointed special advocate programs.

                  NEW SECTION. Sec. 13. A new section is added to chapter 26.12 RCW to read as follows:

                  The court shall, in each order of appointment, specify the hourly rate the guardian ad litem or investigator under RCW 26.09.220 may charge for his or her services, and shall specify the maximum amount the guardian ad litem or investigator under RCW 26.09.220 may charge without additional court review and approval.

                  NEW SECTION. Sec. 14. A new section is added to chapter 26.12 RCW to read as follows:

                  All guardians ad litem, court-appointed special advocates, and investigators under RCW 26.09.220 are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with appropriate notice to all parties. All guardians ad litem or investigators under RCW 26.09.220 may petition the court to shorten time to hear any emergency motions pursuant to court rules. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem, court-appointed special advocate, or investigator who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.

                  NEW SECTION. Sec. 15. A new section is added to chapter 26.12 RCW to read as follows:

                  All information, records, and reports obtained or created by a guardian ad litem, court-appointed special advocate, or investigator under RCW 26.09.220, shall be discoverable pursuant to court rule to the parties and their attorneys. The guardian ad litem, court-appointed special advocate, or investigator shall maintain the privacy of the parties and the confidentiality of information obtained, pursuant to the investigation, as to third parties. Any guardian ad litem or investigator under RCW 26.09.220 can move the court to seal the court file to protect information obtained by the guardian ad litem from disclosure to third persons, particularly in cases where no evidentiary rulings have been made on information introduced by affidavit, declaration, or other means. Nothing in this section shall be interpreted to authorize disclosure of guardian ad litem or investigator records in personal injury actions.

                  NEW SECTION. Sec. 16. A new section is added to chapter 26.12 RCW to read as follows:

                  Any guardian ad litem or investigator under RCW 26.09.220 appointed under this chapter may release confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW.

                  NEW SECTION. Sec. 17. (1) Sections 1, 3 through 6, 8 through 11, and 13 through 16 of this act take effect June 1, 2000.

                  (2) Sections 7 and 12 of this act take effect January 1, 2001."

 

MOTIONS

 

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

                  On page 1, line 1 of the title, after “Relating to” strike the remainder of the title and insert “guardianship and guardian ad litem proceedings; amending RCW 2.56.030, 11.88.090, 11.88.090, 13.34.100, 13.34.102, 13.34.105, 26.12,175, and 26.12,177; adding new sections to chapter 11.88 RCW; adding new sections to chapter 13.34 RCW; adding new sections to chapter 26.12 RCW; providing effective dates; and declaring an emergency.”

                On motion of Senator Franklin, the rules were suspended, Substitute House Bill No. 1525, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

                Debate ensued.

                 The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1525, as amended by the Senate.

 

ROLL CALL

 

                The Secretary called the roll on the final passage of Substitute House Bill No. 1525, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 48.

     Excused: Senator Zarelli - 1.

                 SUBSTITUTE HOUSE BILL NO. 1525, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

                ENGROSSED SUBSTITUTE HOUSE BILL NO. 2078, by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Eickmeyer and Anderson)

 

Merging Titles 75 and 77 RCW.

 

                The bill was read the second time.

 

MOTION

 

                Senator Jacobsen moved that the following Committee on Natural Resources, Parks and Recreation striking amendment be adopted:

                  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      Governing

                                   (RCW 75.50.100 Surcharge)       Section

 

                                        Resident     Nonresident

 

(a) Nonsalmon charter        $225              $375

(b) Salmon charter              $380              $685     RCW 75.30.065

                                                                  (as recodified by this act)

                                      (plus $100)    (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                                Resident    Nonresident       Surcharge

          License                                   Fee               Fee

 

(a) Salmon Gill Net--Grays             $380               $685            plus $100

          Harbor-Columbia river

(b) Salmon Gill Net--Puget             $380               $685            plus $100

          Sound

(c) Salmon Gill Net--Willapa         $380               $685            plus $100

          Bay-Columbia river

(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                                          Annual Fee              Vessel         Limited

(Governing section(s))         Resident    Nonresident  Required?     Entry?

(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       $185            $295     Determined Determined

         fishery (RCW 75.30.220                                    by rule        by rule

         and 75.28.740 (as recodified

         by this act))

(j) Food fish drag seine          $130            $185               Yes             No

(k) Food fish set line              $130            $185               Yes             No

(l) Food fish trawl-                 $240            $405               Yes             No

         Non-Puget Sound

(m) Food fish trawl-               $185            $295               Yes             No

         Puget Sound

(n) Herring dip bag net           $175            $275               Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(o) Herring drag seine            $175            $275               Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(p) Herring gill net                 $175            $275               Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(q) Herring Lampara              $175            $275               Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(r) Herring purse seine           $175            $275               Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(s) Herring spawn-on-kelp       N/A             N/A               Yes             Yes

         (RCW 75.30.270 (as

         recodified by this act))

(t) Smelt dip bag net               $130            $185               No              No

(u) Smelt gill net                    $380            $685               Yes             No

(v) Whiting-Puget Sound       $295            $520               Yes             Yes

         (RCW 75.30.170 (as

         recodified by this act))

                  (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                                          Annual Fee              Vessel         Limited

(Governing section(s))         Resident    Nonresident  Required?     Entry?

(a) Burrowing shrimp             $185            $295               Yes             No

(b) Crab ring net-                    $130            $185               Yes             No

         Non-Puget Sound

(c) Crab ring net-                    $130            $185               Yes             No

         Puget Sound

(d) Dungeness crab-               $295            $520               Yes             Yes

         coastal (RCW 75.30.350

         (as recodified by this act))

(e) Dungeness crab-                $295            $520               Yes             Yes

         coastal, class B

(RCW 75.30.350

         (as recodified by this act))

(f) Dungeness crab-                $130            $185               Yes             Yes

         Puget Sound

         (RCW 75.30.130

         (as recodified by this act))

(g) Emerging commercial      $185            $295     Determined Determined

         fishery (RCW 75.30.220                                    by rule        by rule

         and 75.28.740 (as recodified

         by this act))

(h) Geoduck (RCW                  $ 0              $ 0               Yes             Yes

         75.30.280 (as recodified

         by this act))

(i) Hardshell clam                   $530            $985               Yes             No

         mechanical harvester

         (RCW 75.28.280 (as

         recodified by this act))

(j) Oyster reserve                    $130            $185               No              No

         (RCW 75.28.290

         (as recodified by this act))

(k) Razor clam                        $130            $185               No              No

(l) Sea cucumber dive             $130            $185               Yes             Yes

         (RCW 75.30.250

         (as recodified by this act))

(m) Sea urchin dive                $130            $185               Yes             Yes

         (RCW 75.30.210

         (as recodified by this act))

(n) Shellfish dive                    $130            $185               Yes             No

(o) Shellfish pot                      $130            $185               Yes             No

(p) Shrimp pot-                       $325            $575               Yes             No

         Hood Canal

(q) Shrimp trawl-                    $240            $405               Yes             No

         Non-Puget Sound

(r) Shrimp trawl-                    $185            $295               Yes             No

         Puget Sound

(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 does not preclude seizure of 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 i