EIGHTY SECOND DAY

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MORNING SESSION

___________________________________________________________________________________________

 

House Chamber, Olympia, Friday, March 30, 2001

 

             The House was called to order at 9:55 a.m. by the Speaker (Representative Mastin presiding).

 

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

 

INTRODUCTIONS AND FIRST READING

 

HB 2227           by Representatives Ahern, Gombosky, Schoesler, Wood, Benson, Haigh, Schindler, Conway, Cox, Reardon, Schmidt and Talcott (by report of Department of Veterans Affairs)

 

              AN ACT Relating to establishing the eastern Washington veterans' home; amending RCW 72.36.035, 72.36.045, 72.36.055, 72.36.060, 43.60A.075, and 72.36.090; and adding a new section to chapter 72.36 RCW.

 

             Held on First Reading.

 

ESSB 5378       by Senate Committee on Natural Resources, Parks & Shorelines

 

              AN ACT Relating to amendments to shoreline master programs and critical areas; amending RCW 90.58.080 and 36.70A.130; and creating a new section.

 

             Held on First Reading.

 

ESB 5882         by Senators T. Sheldon, Hale, Hewitt, Hargrove, Rasmussen, Honeyford, Carlson, Haugen, Shin, Hochstatter, Horn, Stevens, Zarelli, Oke, Deccio, McCaslin, West, Long, Swecker, Sheahan, McDonald, Johnson, Rossi, Morton and Parlette

 

              AN ACT Relating to occupational safety and health; adding new sections to chapter 49.17 RCW; adding a new section to chapter 44.28 RCW; creating a new section; providing expiration dates; and declaring an emergency.

 

             Held on First Reading.

 

             There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

 

REPORTS OF STANDING COMMITTEES

 

March 29, 2001

HB 1995           Prime Sponsor, Representative Dickerson: Prohibiting civil forfeitures of property unless the owner has been convicted of a crime. Reported by Committee on Judiciary

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Dickerson; Esser; Lovick and McDermott.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Lambert, Boldt, Casada, Dickerson, Esser, Lovick and McDermott.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

HB 2225           Prime Sponsor, Representative Carrell: Protecting communities located in close proximity to the special commitment center and the less restrictive alternative treatment facility, and mitigating for the effects of these facilities. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Esser and Lovick.

 

             MINORITY recommendation: Do not pass. Signed by Representatives Dickerson and McDermott.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Lambert, Boldt, Casada, Esser, and Lovick.

             Voting nay: Representatives Dickerson and McDermott.

 

             Referred to Committee on Appropriations.

 

March 28, 2001

SSB 5014          Prime Sponsor, Senate Committee on Human Services & Corrections: Harmonizing the definitions of sex and kidnapping offenders under the criminal and registration statutes. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Ahern, Republican Vice Chair; Lovick, Democratic Vice Chair; Cairnes; Kagi; Kirby and Morell.

 

             Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SSB 5015          Prime Sponsor, Senate Committee on Judiciary: Modifying the definition of border area. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

 

             Voting yea: Representatives Sehlin, Sommers, Barlean, Doumit, Benson, Boldt, Buck, Clements, Cody, Cox, Dunshee, Fromhold, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Talcott and Tokuda.

             Excused: Representatives Alexander, Gombosky, Kagi, Kessler, and Lisk.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5035            Prime Sponsor, Senator Prentice: Creating the financial services regulation fund. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

 

             Voting yea: Representatives Alexander, Barlean, Benson, Boldt, Buck, Clements, Cody, Cox, Doumit, Dunshee, Fromhold, Grant, Keiser, Kenney, Lambert, Linville, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Sehlin, Sommers, Talcott, and Tokuda.

             Excused: Representatives Gombosky, Kagi, Kessler, and Lisk.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5048            Prime Sponsor, Senator Long: Changing provisions relating to less restrictive alternative commitments. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Ahern, Republican Vice Chair; Lovick, Democratic Vice Chair; Cairnes; Kagi; Kirby and Morell.

 

             Voting yea: Representatives Ahern, Ballasiotes, Cairnes, Kagi, Kirby, Lovick, Morell, and O'Brien.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5057            Prime Sponsor, Senator Gardner: Specifying how code cities may change the plan of government. Reported by Committee on Local Government & Housing

 

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Democratic Co-Chair; Mulliken, Republican Co-Chair; Edwards, Democratic Vice Chair; Mielke, Republican Vice Chair; Berkey; Crouse; DeBolt; Dunn; Edmonds; Hatfield; Jarrett and Kirby.

 

             Voting yea: Representatives Berkey, Crouse, DeBolt, Dunn, Dunshee, Edmonds, Edwards, Hatfield, Jarrett, Mielke, and Mulliken.

             Excused: Representative Kirby

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

ESSB 5060       Prime Sponsor, Senate Committee on State & Local Government: Revising alternative public works contracting procedures. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 39.10.020 and 2000 c 209 s 1 are each amended to read as follows:

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

             (1) "Alternative public works contracting procedure" means the design-build and the general contractor/construction manager contracting procedures authorized in ((RCW 39.10.050 and 39.10.060)) sections 2 and 3 of this act, respectively.

             (2) "Public body" means the state department of general administration; the University of Washington; Washington State University; every city with a population greater than ((one hundred fifty)) seventy thousand and any public authority chartered by such city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4); ((every city authorized to use the design-build procedure for a water system demonstration project under RCW 39.10.065(3);)) every county with a population greater than four hundred fifty thousand; every port district with a population greater than five hundred thousand; and those school districts proposing projects that are considered and approved by the school district project review board under RCW 39.10.115.

             (3) "Public works project" means any work for a public body within the definition of the term public work in RCW 39.04.010.

 

             NEW SECTION. Sec. 2. A new section is added to chapter 39.10 RCW to read as follows:

             (1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, the following public bodies may utilize the design-build procedure of public works contracting for public works projects authorized under this section: The state department of general administration; the University of Washington; Washington State University; every city with a population greater than seventy thousand and any public authority chartered by such city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4); every county with a population greater than four hundred fifty thousand; and every port district with a population greater than five hundred thousand. The authority granted to port districts in this section is in addition to and does not affect existing contracting authority under RCW 53.08.120 and 53.08.130. For the purposes of this section, "design-build procedure" means a contract between a public body and another party in which the party agrees to both design and build the facility, portion of the facility, or other item specified in the contract.

             (2) Public bodies authorized under this section may utilize the design-build procedure for public works projects valued over twelve million dollars where:

             (a) The construction activities or technologies to be used are highly specialized and a design-build approach is critical in developing the construction methodology or implementing the proposed technology; or

             (b) The project design is repetitive in nature and is an incidental part of the installation or construction; or

             (c) Regular interaction with and feedback from facilities users and operators during design is not critical to an effective facility design.

             (3) Public bodies authorized under this section may also use the design-build procedure for the following projects that meet the criteria in subsection (2)(b) and (c) of this section:

             (a) The construction or erection of preengineered metal buildings or prefabricated modular buildings, regardless of cost; or

             (b) The construction of new student housing projects valued over five million dollars.

             (4) Contracts for design-build services shall be awarded through a competitive process utilizing public solicitation of proposals for design-build services. The public body shall publish at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done, a notice of its request for proposals for design-build services and the availability and location of the request for proposal documents. The request for proposal documents shall include:

             (a) A detailed description of the project including programmatic, performance, and technical requirements and specifications, functional and operational elements, minimum and maximum net and gross areas of any building, and, at the discretion of the public body, preliminary engineering and architectural drawings;

             (b) The reasons for using the design-build procedure;

             (c) A description of the qualifications to be required of the proposer including, but not limited to, submission of the proposer's accident prevention program;

             (d) A description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors. Evaluation factors shall include, but not be limited to: Proposal price; ability of professional personnel; past performance on similar projects; ability to meet time and budget requirements; ability to provide a performance and payment bond for the project; recent, current, and projected work loads of the firm; location; and the concept of the proposal;

             (e) The form of the contract to be awarded;

             (f) The amount to be paid to finalists submitting best and final proposals who are not awarded a design-build contract; and

             (g) Other information relevant to the project.

             (5) The public body shall establish a committee to evaluate the proposals based on the factors, weighting, and process identified in the request for proposals. Based on its evaluation, the public body shall select not fewer than three nor more than five finalists to submit best and final proposals. The public body may, in its sole discretion, reject all proposals. Design-build contracts shall be awarded using the procedures in (a) or (b) of this subsection.

             (a) Best and final proposals shall be evaluated and scored based on the factors, weighting, and process identified in the initial request for proposals. The public body may score the proposals using a system that measures the quality and technical merits of the proposal on a unit price basis. Final proposals may not be considered if the proposal cost is greater than the maximum allowable construction cost identified in the initial request for proposals. The public body shall initiate negotiations with the firm submitting the highest scored best and final proposal. If the public body is unable to execute a contract with the firm submitting the highest scored best and final proposal, negotiations with that firm may be suspended or terminated and the public body may proceed to negotiate with the next highest scored firm. Public bodies shall continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated.

             (b) If the public body determines that all finalists are capable of producing plans and specifications that adequately meet project requirements, the public body may award the contract to the firm that submits the responsive best and final proposal with the lowest price.

             (6) The firm awarded the contract shall provide a performance and payment bond for the contracted amount. The public body shall provide appropriate honorarium payments to finalists submitting best and final proposals who are not awarded a design-build contract. Honorarium payments shall be sufficient to generate meaningful competition among potential proposers on design-build projects.

 

             NEW SECTION. Sec. 3. A new section is added to chapter 39.10 RCW to read as follows:

             (1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, a public body may utilize the general contractor/construction manager procedure of public works contracting for public works projects authorized under subsection (2) of this section. For the purposes of this section, "general contractor/construction manager" means a firm with which a public body has selected and negotiated a maximum allowable construction cost to be guaranteed by the firm, after competitive selection through formal advertisement and competitive bids, to provide services during the design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work, and to act as the construction manager and general contractor during the construction phase.

             (2) Except those school districts proposing projects that are considered and approved by the school district project review board, public bodies authorized under this section may utilize the general contractor/construction manager procedure for public works projects valued over twelve million dollars where:

             (a) Implementation of the project involves complex scheduling requirements; or

             (b) The project involves construction at an existing facility which must continue to operate during construction; or

             (c) The involvement of the general contractor/construction manager during the design stage is critical to the success of the project.

             (3) Public bodies should select general contractor/construction managers early in the life of public works projects, and in most situations no later than the completion of schematic design.

             (4) Contracts for the services of a general contractor/construction manager under this section shall be awarded through a competitive process requiring the public solicitation of proposals for general contractor/construction manager services. The public solicitation of proposals shall include: A description of the project, including programmatic, performance, and technical requirements and specifications when available; the reasons for using the general contractor/construction manager procedure; a description of the qualifications to be required of the proposer, including submission of the proposer's accident prevention program; a description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors; the form of the contract to be awarded; the estimated maximum allowable construction cost; and the bid instructions to be used by the general contractor/construction manager finalists. Evaluation factors shall include, but not be limited to: Ability of professional personnel, past performance in negotiated and complex projects, and ability to meet time and budget requirements; the scope of work the general contractor/construction manager proposes to self-perform and its ability to perform it; location; recent, current, and projected work loads of the firm; and the concept of their proposal. A public body shall establish a committee to evaluate the proposals. After the committee has selected the most qualified finalists, these finalists shall submit final proposals, including sealed bids for the percent fee, which is the percentage amount to be earned by the general contractor/construction manager as overhead and profit, on the estimated maximum allowable construction cost and the fixed amount for the detailed specified general conditions work. The public body shall select the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of factors published in the public solicitation of proposals.

             (5) The maximum allowable construction cost may be negotiated between the public body and the selected firm after the scope of the project is adequately determined to establish a guaranteed contract cost for which the general contractor/construction manager will provide a performance and payment bond. The guaranteed contract cost includes the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, the percent fee on the negotiated maximum allowable construction cost, and sales tax. If the public body is unable to negotiate a satisfactory maximum allowable construction cost with the firm selected that the public body determines to be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the public body shall negotiate with the next highest scored firm and continue until an agreement is reached or the process is terminated. If the maximum allowable construction cost varies more than fifteen percent from the bid estimated maximum allowable construction cost due to requested and approved changes in the scope by the public body, the percent fee shall be renegotiated.

             (6) All subcontract work shall be competitively bid with public bid openings. When critical to the successful completion of a subcontractor bid package and after publication of notice of intent to determine bidder eligibility in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done at least twenty days before requesting qualifications from interested subcontract bidders, the owner and general contractor/construction manager may determine subcontractor bidding eligibility using the following evaluation criteria:

             (a) Adequate financial resources or the ability to secure such resources;

             (b) History of successful completion of a contract of similar type and scope;

             (c) Project management and project supervision personnel with experience on similar projects and the availability of such personnel for the project;

             (d) Current and projected workload and the impact the project will have on the subcontractor's current and projected workload;

             (e) Ability to accurately estimate the subcontract bid package scope of work;

             (f) Ability to meet subcontract bid package shop drawing and other coordination procedures;

             (g) Eligibility to receive an award under applicable laws and regulations; and

             (h) Ability to meet subcontract bid package scheduling requirements.

             The owner and general contractor/construction manager shall weigh the evaluation criteria and determine a minimum acceptable score to be considered an eligible subcontract bidder.

             After publication of notice of intent to determine bidder eligibility, subcontractors requesting eligibility shall be provided the evaluation criteria and weighting to be used by the owner and general contractor/construction manager to determine eligible subcontract bidders. After the owner and general contractor/construction manager determine eligible subcontract bidders, subcontractors requesting eligibility shall be provided the results and scoring of the subcontract bidder eligibility determination.

             Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.060 apply to each subcontract bid package. All subcontractors who bid work over three hundred thousand dollars shall post a bid bond and all subcontractors who are awarded a contract over three hundred thousand dollars shall provide a performance and payment bond for their contract amount. All other subcontractors shall provide a performance and payment bond if required by the general contractor/construction manager. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. Except as provided for under subsection (7) of this section, bidding on subcontract work by the general contractor/construction manager or its subsidiaries is prohibited. The general contractor/construction manager may negotiate with the low-responsive bidder in accordance with RCW 39.10.080 or, if unsuccessful in such negotiations, rebid.

             (7) The general contractor/construction manager, or its subsidiaries, may bid on subcontract work if:

             (a) The work within the subcontract bid package is customarily performed by the general contractor/construction manager;

             (b) The bid opening is managed by the public body; and

             (c) Notification of the general contractor/construction manager's intention to bid is included in the public solicitation of bids for the bid package.

             In no event may the value of subcontract work performed by the general contractor/construction manager exceed thirty percent of the negotiated maximum allowable construction cost.

             (8) A public body may include an incentive clause in any contract awarded under this section for savings of either time or cost or both from that originally negotiated. No incentives granted may exceed five percent of the maximum allowable construction cost. If the project is completed for less than the agreed upon maximum allowable construction cost, any savings not otherwise negotiated as part of an incentive clause shall accrue to the public body. If the project is completed for more than the agreed upon maximum allowable construction cost, excepting increases due to any contract change orders approved by the public body, the additional cost shall be the responsibility of the general contractor/construction manager.

 

             Sec. 4. RCW 39.10.115 and 2000 c 209 s 4 are each amended to read as follows:

             (1) The school district project review board is established to review school district proposals submitted by school districts to use alternative public works contracting procedures. The board shall select and approve qualified projects based upon an evaluation of the information submitted by the school district under subsection (2) of this section. ((The membership of the board shall be selected by the independent oversight committee as established under RCW 39.10.110)) After July 1, 2001, any appointments for full terms or to fill a vacancy shall be made by the governor and shall include the following representatives, each having experience with public works or commercial construction: One representative from the office of the superintendent of public instruction; one representative from the office of financial management; two representatives from the construction industry, one of whom works for a construction company with gross annual revenues of twenty million dollars or less; one representative from the specialty contracting industry; one representative from organized labor; one representative from the design industry; one representative from a public body previously authorized under this chapter to use an alternative public works contracting procedure who has experience using such alternative contracting procedures; one representative from school districts with ten thousand or more annual average full-time equivalent pupils; and one representative from school districts with fewer than ten thousand average full-time equivalent pupils. Each member shall be appointed for a term of three years, with the first three-year term commencing after June 8, 2000. Any member of the school district project review board who is directly affiliated with any applicant before the board must recuse him or herself from consideration of the application.

             (2) A school district seeking to use alternative contracting procedures authorized under this chapter shall file an application with the school district project review board. The application form shall require the district to submit a detailed statement of the proposed project, including the school district's name; student population based upon October full-time equivalents; the current projected total budget for the project, including the estimated construction costs, costs for professional services, equipment and furnishing costs, off-site costs, contract administration costs, and other related project costs; the anticipated project design and construction schedule; a summary of the school district's construction activity for the preceding six years; and an explanation of why the school district believes the use of an alternative contracting procedure is in the public interest and why the school district is qualified to use an alternative contracting procedure, including a summary of the relevant experience of the school district's management team. The applicant shall also provide in a timely manner any other information concerning implementation of projects under this chapter requested by the school district project review board to assist in its consideration.

             (3) Any school district whose application is approved by the school district project review board shall comply with the public notification and review requirements in RCW 39.10.030.

             (4) Any school district whose application is approved by the school district project review board shall not use as an evaluation factor whether a contractor submitting a bid for the approved project has had prior general contractor/construction manager procedure experience.

             (((5) The school district project review board shall prepare and issue a report reviewing the use of the alternative public works contracting procedures by school districts. The board shall report to the independent oversight committee at least sixty days before the oversight committee is required to report to the legislature under RCW 39.10.110(4).))

 

             Sec. 5. RCW 39.10.120 and 1997 c 376 s 7 and 1997 c 220 s 404 are each reenacted and amended to read as follows:

             (1) Except as provided in subsections (2) and (3) of this section, the alternative public works contracting procedures authorized under this chapter are limited to public works contracts signed before July 1, ((2001)) 2007. Methods of public works contracting authorized by RCW 39.10.050 and 39.10.060 or sections 2 and 3 of this act shall remain in full force and effect until completion of contracts signed before July 1, ((2001)) 2007.

             (2) For the purposes of a baseball stadium as defined in RCW 82.14.0485, the design-build contracting procedures under RCW 39.10.050 shall remain in full force and effect until completion of contracts signed before December 31, 1997.

             (3) For the purposes of a stadium and exhibition center, as defined in RCW 36.102.010, the design-build contracting procedures under RCW 39.10.050 or section 2 of this act shall remain in full force and effect until completion of contracts signed before December 31, 2002.

             (4) A public authority chartered by a city that is a public body may utilize an alternative public works contracting procedure under this chapter only after receiving specific authorization on a project-by-project basis from the governing body of the city. For purposes of public authorities authorized to use alternative public works contracting procedures under this chapter, the city chartering any such public authority shall itself comply with RCW 39.10.030 on behalf of the public authority.

 

             Sec. 6. RCW 39.10.902 and 1997 c 376 s 8 are each amended to read as follows:

             The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, ((2001)) 2007:

             (1) RCW 39.10.010 and 1994 c 132 s 1;

             (2) RCW 39.10.020 and section 1 of this act, 2000 c 209 s 1, 1997 c 376 s 1, & 1994 c 132 s 2;

             (3) RCW 39.10.030 and 1997 c 376 s 2 & 1994 c 132 s 3;

             (4) RCW 39.10.040 and 1994 c 132 s 4;

             (5) ((RCW 39.10.050 and 1994 c 132 s 5)) Section 2 of this act;

             (6) ((RCW 39.10.060 and 1994 c 132 s 6)) Section 3 of this act;

             (7) RCW 39.10.065 and 1997 c 376 s 5;

             (8) RCW 39.10.067 and 2000 c 209 s 3;

             (9) RCW 39.10.070 and 1994 c 132 s 7;

             (((9))) (10) RCW 39.10.080 and 1994 c 132 s 8;

             (((10))) (11) RCW 39.10.090 and 1994 c 132 s 9;

             (((11))) (12) RCW 39.10.100 and 1994 c 132 s 10;

             (((12) RCW 39.10.110 and 1994 c 132 s 11;))

             (13) RCW 39.10.115 and section 4 of this act & 2000 c 209 s 4;

             (14) RCW 39.10.900 and 1994 c 132 s 13; and

             (((14))) (15) RCW 39.10.901 and 1994 c 132 s 14((; and

             (15) RCW 39.10.902 and 1994 c 132 s 15)).

 

             NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

             (1) RCW 39.10.050 (Design-build procedure--Which public bodies may use) and 1997 c 376 s 3 & 1994 c 132 s 5;

             (2) RCW 39.10.060 (General contractor/construction manager procedure--Which public bodies may use--Limitations) and 2000 c 209 s 2, 2000 c 194 s 1, 1997 c 376 s 4, 1996 c 18 s 6, & 1994 c 132 s 6; and

             (3) RCW 39.10.110 (Temporary independent oversight committee) and 1997 c 376 s 6 & 1994 c 132 s 11.

 

             NEW SECTION. Sec. 8. 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 July 1, 2001."

 

             Correct the title.

 

Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert and McDermott.

 

             Voting yea: Representatives Haigh, Lambert, McDermott, McMorris, Miloscia, Romero, and Schindler.

             Voting nay: Representative Schmidt.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5061            Prime Sponsor, Senator Winsley: Awarding contracts for building engineering systems. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert; McDermott and Schmidt.

 

             Voting yea: Representatives Haigh, Lambert, McDermott, McMorris, Miloscia, Romero, Schindler and Schmidt.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5063            Prime Sponsor, Senator Patterson: Authorizing a limited public works process. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 39.04.155 and 2000 c 138 s 101 are each amended to read as follows:

             (1) This section provides uniform small works roster provisions to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property that may be used by state agencies and by any local government that is expressly authorized to use these provisions. These provisions may be used in lieu of other procedures to award contracts for such work with an estimated cost of two hundred thousand dollars or less. The small works roster process includes the limited public works process authorized under subsection (3) of this section and any local government authorized to award contracts using the small works roster process under this section may award contracts using the limited public works process under subsection (3) of this section.

             (2)(a) A state agency or authorized local government may create a single general small works roster, or may create a small works roster for different specialties or categories of anticipated work. Where applicable, small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. The small works roster or rosters shall consist of all responsible contractors who have requested to be on the list, and where required by law are properly licensed or registered to perform such work in this state. A state agency or local government establishing a small works roster or rosters may require eligible contractors desiring to be placed on a roster or rosters to keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the state agency or local government as a condition of being placed on a roster or rosters. At least once a year, the state agency or local government shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. In addition, responsible contractors shall be added to an appropriate roster or rosters at any time they submit a written request and necessary records. Master contracts may be required to be signed that become effective when a specific award is made using a small works roster.

             (((3))) (b) A state agency establishing a small works roster or rosters shall adopt rules implementing this ((section)) subsection. A local government establishing a small works roster or rosters shall adopt an ordinance or resolution implementing this ((section)) subsection. Procedures included in rules adopted by the department of general administration in implementing this ((section)) subsection must be included in any rules providing for a small works roster or rosters that is adopted by another state agency, if the authority for that state agency to engage in these activities has been delegated to it by the department of general administration under chapter 43.19 RCW. An interlocal contract or agreement between two or more state agencies or local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the provisions of this ((section)) subsection.

             (((4))) (c) Procedures shall be established for securing telephone, written, or electronic quotations from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This ((section)) subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. However, if the estimated cost of the work is from one hundred thousand dollars to two hundred thousand dollars, a state agency or local government, other than a port district, that chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The government has the sole option of determining whether this notice to the remaining contractors is made by: (((a))) (i) Publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (((b))) (ii) mailing a notice to these contractors; or (((c))) (iii) sending a notice to these contractors by facsimile or other electronic means. For purposes of this subsection (2)(c), "equitably distribute" means that a state agency or local government soliciting bids may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services.

             (((5))) (d) A contract awarded from a small works roster under this section need not be advertised.

             (((6))) (e) Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.

             (((7))) (3) In lieu of awarding contracts under subsection (2) of this section, a state agency or authorized local government may award a contract for work, construction, alteration, repair, or improvement project estimated to cost less than thirty-five thousand dollars using the limited public works process provided under this subsection. Public works projects awarded under this subsection are exempt from the other requirements of the small works roster process provided under subsection (2) of this section and are exempt from the requirement that contracts be awarded after advertisement as provided under RCW 39.04.010.

             For limited public works projects, a state agency or authorized local government shall solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 43.19.1911. After an award is made, the quotations shall be open to public inspection and available by electronic request. A state agency or authorized local government shall attempt to distribute opportunities for limited public works projects equitably among contractors willing to perform in the geographic area of the work. A state agency or authorized local government shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. For limited public works projects, a state agency or authorized local government may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project, however the state agency or authorized local government shall have the right of recovery against the contractor for any payments made on the contractor's behalf.

             (4) The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process or limited public works process.

             (((8))) (5) As used in this section, "state agency" means the department of general administration, the state parks and recreation commission, the department of natural resources, the department of fish and wildlife, the department of transportation, any institution of higher education as defined under RCW 28B.10.016, and any other state agency delegated authority by the department of general administration to engage in construction, building, renovation, remodeling, alteration, improvement, or repair activities."

 

             Correct the title.

 

Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert; McDermott and Schmidt.

 

             Voting yea: Representatives Haigh, Lambert, McDermott, McMorris, Miloscia, Romero, Schindler and Schmidt.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5070          Prime Sponsor, Senate Committee on Judiciary: Restricting the length of the term of jury service. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.

 

             On page 2, beginning on line 28, strike everything through "assigned" on line 31 and insert "extend beyond the end of the jury term, and may not exceed two weeks, except to complete a trial to which the juror was assigned during the two week period. However, once a juror has completed a trial or has served at least two days of jury service, the court may for good cause excuse that juror from any remaining period of the jury term"

 

Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Esser and Lovick.

 

MINORITY recommendation: Do not pass. Signed by Representatives Dickerson and McDermott.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Lambert, Boldt, Casada, Esser and Lovick.

             Voting nay: Representatives Dickerson and McDermott.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SSB 5077          Prime Sponsor, Senate Committee on State & Local Government: Modifying the provisional employment of sheriff's employees. Reported by Committee on Local Government & Housing

 

MAJORITY recommendation: Do pass as amended.

 

             On page 3, line 25, after "period" strike all material through "testing" on line 26 and insert "up to one year if the commission continues to advertise and test"

 

Signed by Representatives Dunshee, Democratic Co-Chair; Mulliken, Republican Co-Chair; Edwards, Democratic Vice Chair; Mielke, Republican Vice Chair; Berkey; Crouse; DeBolt; Dunn; Edmonds; Hatfield; Jarrett and Kirby.

 

             Voting yea: Representatives Berkey, Crouse, DeBolt, Dunn, Dunshee, Edmonds, Edwards, Hatfield, Jarrett, Mielke, and Mulliken.

             Excused: Representative Kirby.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5093            Prime Sponsor, Senator T. Sheldon: Modifying provisions concerning the unlawful dumping of solid waste. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 70.93.060 and 2000 c 154 s 2 are each amended to read as follows:

             (1) It is a violation of this section to abandon a junk vehicle upon any property ((located in an unincorporated area of a county)). In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

             (a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

             (b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of ((said)) the private or public property or waters.

             (2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

             (b) ((It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot in an incorporated area of a county. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

             (c))) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard ((in an unincorporated area of a county)). The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

             (((d))) (c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more ((in an unincorporated area of a county)). The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

             (((e))) (d) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

             (3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community service in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 79A.05.050.

             (4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.

 

             Sec. 2. RCW 70.95.240 and 2000 c 154 s 3 are each amended to read as follows:

             (1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section does not:

             (a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;

             (b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW 70.95.205; or

             (c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

             (2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

             (b) ((It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot in an unincorporated area of a county. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

             (c))) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard ((in an unincorporated area of a county)). The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

             (((d))) (c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more ((in an unincorporated area of a county)). The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

             (((e))) (d) If a junk vehicle is abandoned in violation of this chapter, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

 

             Sec. 3. RCW 46.55.230 and 2000 c 154 s 4 are each amended to read as follows:

             (1) Notwithstanding any other provision of law, any law enforcement officer having jurisdiction, or any employee or officer of a jurisdictional health department acting pursuant to RCW 70.95.240, or any person authorized by the director shall inspect and may authorize the disposal of an abandoned junk vehicle. The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the approximate value of the scrap in it.

             (2) The law enforcement officer or department representative shall provide information on the vehicle's registered and legal owner to the landowner.

             (3) Upon receiving information on the vehicle's registered and legal owner, the landowner shall mail a notice to the registered and legal owners shown on the records of the department. The notification shall describe the redemption procedure and the right to arrange for the removal of the vehicle.

             (4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document.

             (5) If no information on the vehicle's registered and legal owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.

             (6)(((a) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk vehicle on property located in an incorporated area. If a junk vehicle is abandoned in an incorporated area, the landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle's registered owner any costs incurred in the removal of the junk vehicle.

             (b))) It is a gross misdemeanor for a person to abandon a junk vehicle on property ((located in an unincorporated area)). If a junk vehicle is abandoned ((in an unincorporated area)), the vehicle's registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment to the law enforcement agency or jurisdictional health department investigating the incident.

             (7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.

             (8) A person complying in good faith with the requirements of this section is immune from any liability arising out of an action taken or omission made in the compliance."

 

             Correct the title.

 

Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Kirby; Quall; Roach; Schoesler and Sump.

 

             Voting yea: Representatives B. Chandler, G. Chandler, Cooper, Delvin, Dunshee, Grant, Hunt, Kirby, Linville, Mielke, Quall, Roach, Schoesler, and Sump.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5101          Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Protecting consumers in contractor transactions. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 18.27.010 and 1997 c 314 s 2 are each amended to read as follows:

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

             (1) "Contractor" means any person, firm, or corporation who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish, for another, any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith or who installs or repairs roofing or siding; or, who, to do similar work upon his or her own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided herein. "Contractor" includes any person, firm, ((or)) corporation, or other entity covered by this subsection, whether or not registered as required under this chapter.

             (2) "Department" means the department of labor and industries.

             (3) "Director" means the director of the department of labor and industries or designated representative employed by the department.

             (4) "General contractor" means a contractor whose business operations require the use of more than two unrelated building trades or crafts whose work the contractor shall superintend or do in whole or in part. "General contractor" shall not include an individual who does all work personally without employees or other "specialty contractors" as defined in this section. The terms "general contractor" and "builder" are synonymous.

             (((3))) (5) "Partnership" means a business formed under Title 25 RCW.

             (6) "Registration cancellation" means a written notice from the department that a contractor's action is in violation of this chapter and that the contractor's registration has been revoked.

             (7) "Registration suspension" means a written notice from the department that a contractor's action is a violation of this chapter and that the contractor's registration has been suspended for a specified time, or until the contractor shows evidence of compliance with this chapter.

             (8) "Residential homeowner" means an individual person or persons owning or leasing real property:

             (a) Upon which one single-family residence is to be built and in which the owner or lessee intends to reside upon completion of any construction; or

             (b) Upon which there is a single-family residence to which improvements are to be made and in which the owner or lessee intends to reside upon completion of any construction.

             (9) "Specialty contractor" means a contractor whose operations do not fall within the ((foregoing)) definition of "general contractor".

             (((4))) (10) "Unregistered contractor" means a person, firm, ((or)) corporation, or other entity doing work as a contractor without being registered in compliance with this chapter. "Unregistered contractor" includes contractors whose registration is expired ((for more than thirty days beyond the renewal date or has been)), revoked, or suspended. "Unregistered contractor" does not include a contractor who has maintained a valid bond and the insurance or assigned account required by RCW 18.27.050, and whose registration has lapsed for thirty or fewer days.

             (((5) "Department" means the department of labor and industries.

             (6) "Director" means the director of the department of labor and industries.

             (7))) (11) "Unsatisfied final judgment" means a judgment that has not been satisfied either through payment, court approved settlement, discharge in bankruptcy, or assignment under RCW 19.72.070.

             (12) "Verification" means the receipt and duplication by the city, town, or county of a contractor registration card that is current on its face, checking the department's contractor registration data base, or calling the department to confirm that the contractor is registered.

 

             Sec. 2. RCW 18.27.030 and 1998 c 279 s 3 are each amended to read as follows:

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

             (a) Employer social security number.

             (b) Unified business identifier number, if required by the department of revenue.

             (c) Evidence of workers' compensation coverage for the applicant's employees working in Washington, as follows:

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

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

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

             (((c))) (d) Employment security department number.

             (((d))) (e) State excise tax registration number.

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

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

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

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

             (3)(a) The department shall deny an application for registration if: (i) The applicant has been previously ((registered)) performing work subject to this chapter as a sole proprietor, partnership, ((or)) corporation, or other entity and the department has notice that the applicant has an unsatisfied final judgment against him or her in an action based on this chapter ((that was incurred during a previous registration under this chapter)) or the applicant owes the department money for penalties assessed or fees due under this chapter as a result of a final judgment; (ii) the applicant was a principal or officer of a partnership, corporation, or other entity that either has an unsatisfied final judgment against it in an action that was incurred for work performed subject to this chapter or owes the department money for penalties assessed or fees due under this chapter as a result of a final judgment; or (iii) the applicant does not have a valid unified business identifier number, if required by the department of revenue.

             (b) The department shall suspend an active registration if (i) the department has notice that the registrant is a sole proprietor or a principal or officer of a registered contractor that has an unsatisfied final judgment against it for work within the scope of this chapter; or (ii) the applicant does not maintain a valid unified business identifier number, if required by the department of revenue.

             (4) The department shall not deny an application or suspend a registration because of an unsatisfied final judgment if the applicant's or registrant's unsatisfied final judgment was determined by the director to be the result of the fraud or negligence of another party.

 

             Sec. 3. RCW 18.27.040 and 1997 c 314 s 5 are each amended to read as follows:

             (1) Each applicant shall file with the department a surety bond issued by a surety insurer who meets the requirements of chapter 48.28 RCW in the sum of ((six)) twelve thousand dollars if the applicant is a general contractor and ((four)) six thousand dollars if the applicant is a specialty contractor. If no valid bond is already on file with the department at the time the application is filed, a bond must accompany the registration application. The bond shall have the state of Washington named as obligee with good and sufficient surety in a form to be approved by the department. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the director ((of its intent to cancel the bond)). A cancellation or revocation of the bond or withdrawal of the surety from the bond automatically suspends the registration issued to the registrant until a new bond or reinstatement notice has been filed and approved as provided in this section. The bond shall be conditioned that the applicant will pay all persons performing labor, including employee benefits, for the contractor, will pay all taxes and contributions due to the state of Washington, and will pay all persons furnishing labor or material or renting or supplying equipment to the contractor and will pay all amounts that may be adjudged against the contractor by reason of breach of contract including negligent or improper work in the conduct of the contracting business. A change in the name of a business or a change in the type of business entity shall not impair a bond for the purposes of this section so long as one of the original applicants for such bond maintains partial ownership in the business covered by the bond.

             (2) ((Any contractor registered as of July 1, 1997, who maintains such registration in accordance with this chapter shall be in compliance with this chapter until the next annual renewal of the contractor's certificate of registration. At that time)) At the time of initial registration or renewal, the contractor shall provide a bond((, cash deposit,)) or other security deposit as required by this chapter and comply with all of the other provisions of this chapter before the department shall issue or renew the contractor's certificate of registration. Any contractor registered as of July 1, 2001, who maintains that registration in accordance with this chapter is in compliance with this chapter until the next renewal of the contractor's certificate of registration.

             (3) Any person, firm, or corporation having a claim against the contractor for any of the items referred to in this section may bring suit upon the bond or deposit in the superior court of the county in which the work was done or of any county in which jurisdiction of the contractor may be had. The surety issuing the bond shall be named as a party to any suit upon the bond. Action upon the bond or deposit ((shall be commenced by filing the summons and complaint with the clerk of the appropriate superior court within one year from the date of expiration of the certificate of registration in force at the time)) brought by a residential homeowner for breach of contract by a party to the construction contract shall be commenced by filing the summons and complaint with the clerk of the appropriate superior court within two years from the date the claimed contract work was substantially completed or abandoned. Action upon the bond or deposit brought by any other authorized party shall be commenced by filing the summons and complaint with the clerk of the appropriate superior court within one year from the date the claimed labor was performed and benefits accrued, taxes and contributions owing the state of Washington became due, materials and equipment were furnished, or the claimed contract work was substantially completed or abandoned. Service of process in an action against the contractor, the contractor's bond, or the deposit shall be exclusively by service upon the department. Three copies of the summons and complaint and a fee ((of ten)) adopted by rule of not less than twenty dollars to cover the ((handling)) costs shall be served by registered or certified mail, or other delivery service requiring notice of receipt, upon the department at the time suit is started and the department shall maintain a record, available for public inspection, of all suits so commenced. Service is not complete until the department receives the ((ten-dollar)) fee and three copies of the summons and complaint. The service shall constitute service on the registrant and the surety for suit upon the bond or deposit and the department shall transmit the summons and complaint or a copy thereof to the registrant at the address listed in the registrant's application and to the surety within ((forty-eight hours)) two days after it shall have been received.

             (4) The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond nor for any monetary penalty assessed pursuant to this chapter for an infraction. The liability of the surety shall not cumulate where the bond has been renewed, continued, reinstated, reissued or otherwise extended. The surety upon the bond may, upon notice to the department and the parties, tender to the clerk of the court having jurisdiction of the action an amount equal to the claims thereunder or the amount of the bond less the amount of judgments, if any, previously satisfied therefrom and to the extent of such tender the surety upon the bond shall be exonerated but if the actions commenced and pending at any one time exceed the amount of the bond then unimpaired, claims shall be satisfied from the bond in the following order:

             (a) Employee labor and claims of laborers, including employee benefits;

             (b) Claims for breach of contract by a party to the construction contract;

             (c) Registered or licensed subcontractors, material, and equipment;

             (d) Taxes and contributions due the state of Washington;

             (e) Any court costs, interest, and attorney's fees plaintiff may be entitled to recover. The surety is not liable for any amount in excess of the penal limit of its bond.

             A payment made by the surety in good faith exonerates the bond to the extent of any payment made by the surety.

             (5) The total amount paid from a bond or deposit required of a general contractor by this section to claimants other than residential homeowners must not exceed one-half of the bond amount. The total amount paid from a bond or deposit required of a specialty contractor by this section to claimants other than residential homeowners must not exceed one-half of the bond amount or four thousand dollars, whichever is greater.

             (6) The prevailing party in an action filed under this section against the contractor and contractor's bond or deposit, for breach of contract by a party to a construction contract, is entitled to costs, interest, and reasonable attorneys' fees. The surety upon the bond is not liable in an aggregate amount in excess of the amount named in the bond nor for any monetary penalty assessed pursuant to this chapter for an infraction.

             (7) If a final judgment impairs the liability of the surety upon the bond so furnished that there ((shall not be)) is not in effect a bond ((undertaking)) in the full amount prescribed in this section, ((the department shall suspend)) the registration of the contractor is automatically suspended until the bond liability in the required amount unimpaired by unsatisfied judgment claims is furnished. ((If the bond becomes fully impaired, a new bond must be furnished at the rates prescribed by this section.

             (6))) (8) In lieu of the surety bond required by this section the contractor may file with the department a deposit consisting of cash or other security acceptable to the department.

             (((7))) (9) Any person having filed and served a summons and complaint as required by this section having an unsatisfied final judgment against the registrant for any items referred to in this section may execute upon the security held by the department by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the department within one year of the date of entry of such judgment. Upon the receipt of service of such certified copy the department shall pay or order paid from the deposit, through the registry of the superior court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment by the department shall be the order of receipt by the department, but the department shall have no liability for payment in excess of the amount of the deposit.

             (((8))) (10) The director may require an applicant applying to renew or reinstate a registration or applying for a new registration to file a bond of up to three times the normally required amount, if the director determines that an applicant, or a previous registration of a corporate officer, owner, or partner of a current applicant, has had in the past five years a total of six final judgments in actions under this chapter involving a residential single-family dwelling on two or more different structures.

             (11) The director may adopt rules necessary for the proper administration of the security.

 

             Sec. 4. RCW 18.27.050 and 1987 c 303 s 1 are each amended to read as follows:

             (1) At the time of registration and subsequent reregistration, the applicant shall furnish insurance or financial responsibility in the form of an assigned account in the amount of ((twenty)) fifty thousand dollars for injury or damages to property, and ((fifty)) one hundred thousand dollars for injury or damage including death to any one person, and ((one)) two hundred thousand dollars for injury or damage including death to more than one person ((or financial responsibility to satisfy these amounts)).

             (2) ((Failure to maintain insurance or financial responsibility relative to the contractor's activities shall be cause to suspend or deny the contractor his or her or their registration.)) An expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from the insurance policy automatically suspends the registration issued to the registrant until a new insurance policy or reinstatement notice has been filed and approved as provided in this section.

             (3)(a) Proof of financial responsibility authorized in this section may be given by providing, in the amount required by subsection (1) of this section, an assigned account acceptable to the department. The assigned account shall be held by the department to satisfy any execution on a judgment issued against the contractor for damage to property or injury or death to any person occurring in the contractor's contracting operations, according to the provisions of the assigned account agreement. The department shall have no liability for payment in excess of the amount of the assigned account.

             (b) The assigned account filed with the director as proof of financial responsibility shall be canceled at the expiration of three years after:

             (i) The contractor's registration has expired or been revoked; or

             (ii) The contractor has furnished proof of insurance as required by subsection (1) of this section;

if, in either case, no legal action has been instituted against the contractor or on the account at the expiration of the three-year period.

             (c) If a contractor chooses to file an assigned account as authorized in this section, the contractor shall, on any contracting project, notify each person with whom the contractor enters into a contract or to whom the contractor submits a bid that the contractor has filed an assigned account in lieu of insurance and that recovery from the account for any claim against the contractor for property damage or personal injury or death occurring in the project requires the claimant to obtain a court judgment.

 

             Sec. 5. RCW 18.27.060 and 1997 c 314 s 6 and 1997 c 58 s 817 are each reenacted and amended to read as follows:

             (1) A certificate of registration shall be valid for ((one)) two years and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

             (2) If the department approves an application, it shall issue a certificate of registration to the applicant. ((The certificate shall be valid for:

             (a) One year;

             (b) Until the bond expires; or

             (c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.

             (3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.

             (4))) (3) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall mail notice of the suspension to the contractor's address on the certificate of registration by certified and by first class mail within ((forty-eight hours)) two days after suspension.

             (((5))) (4) Renewal of registration is valid on the date the department receives the required fee and proof of bond and liability insurance, if sent by certified mail or other means requiring proof of delivery. The receipt or proof of delivery shall serve as the contractor's proof of renewed registration until he or she receives verification from the department.

             (((6))) (5) The department shall immediately suspend the certificate of registration of a contractor who has been certified 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 as provided in RCW 74.20A.320. The certificate of registration shall not be reissued or renewed unless the person provides to the department a release from the department of social and health services stating that he or she is in compliance with the order and the person has continued to meet all other requirements for certification during the suspension.

 

             NEW SECTION. Sec. 6. A new section is added to chapter 18.27 RCW to read as follows:

             (1) If an unregistered contractor defaults in a payment, penalty, or fine due to the department, the director or the director's designee may issue a notice of assessment certifying the amount due. The notice must be served upon the unregistered contractor by mailing the notice to the unregistered contractor by certified mail to the unregistered contractor's last known address or served in the manner prescribed for the service of a summons in a civil action.

             (2) A notice of assessment becomes final thirty days from the date the notice was served upon the unregistered contractor unless a written request for reconsideration is filed with the department or an appeal is filed in a court of competent jurisdiction in the manner specified in RCW 34.05.510 through 34.05.598. The request for reconsideration must set forth with particularity the reason for the unregistered contractor's request. The department, within thirty days after receiving a written request for reconsideration, may modify or reverse a notice of assessment, or may hold a notice of assessment in abeyance pending further investigation. If a final decision of a court in favor of the department is not appealed within the time allowed by law, then the amount of the unappealed assessment, or such amount of the assessment as is found due by the final decision of the court, is final.

             (3) The director or the director's designee may file with the clerk of any county within the state, a warrant in the amount of the notice of assessment, plus interest, penalties, and a filing fee of twenty dollars. The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the unregistered contractor mentioned in the warrant, the amount of payment, penalty, fine due on it, or filing fee, and the date when the warrant was filed. The aggregate amount of the warrant as docketed shall become a lien upon the title to, and interest in, all real and personal property of the unregistered contractor against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of the clerk. The sheriff shall proceed upon the warrant in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in a court of competent jurisdiction. The warrant so docketed is sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in case of judgment, wholly or partially unsatisfied. The clerk of the court is entitled to a filing fee which will be added to the amount of the warrant. A copy of the warrant shall be mailed to the unregistered contractor within three days of filing with the clerk.

             (4) The director or the director's designee may issue to any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, a public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind whatsoever when he or she has reason to believe that there is in the possession of the person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is or will become due, owing, or belonging to an unregistered contractor upon whom a notice of assessment has been served by the department for payments, penalties, or fines due to the department. The effect of a notice and order is continuous from the date the notice and order is first made until the liability out of which the notice and order arose is satisfied or becomes unenforceable because of lapse of time. The department shall release the notice and order when the liability out of which the notice and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom the notice and order was made that the notice and order has been released.

             The notice and order to withhold and deliver must be served by the sheriff of the county or by the sheriff's deputy by certified mail, return receipt requested, or by an authorized representative of the director. A person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order. Upon service of the notice and order, if the party served possesses any property that may be subject to the claim of the department, the party shall promptly deliver the property to the director or the director's authorized representative. The director shall hold the property in trust for application on the unregistered contractor's indebtedness to the department, or for return without interest, in accordance with a final determination of a petition for review. In the alternative, the party shall furnish a good and sufficient surety bond satisfactory to the director conditioned upon final determination of liability. If a party served and named in the notice fails to answer the notice within the time prescribed in this section, the court may render judgment by default against the party for the full amount claimed by the director in the notice, together with costs. If a notice is served upon an unregistered contractor and the property subject to it is wages, the unregistered contractor may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the wage earner is entitled.

             (5) In addition to the procedure for collection of a payment, penalty, or fine due to the department as set forth in this section, the department may recover civil penalties imposed under this chapter in a civil action in the name of the department brought in a court of competent jurisdiction of the county where the violation is alleged to have occurred.

 

             Sec. 7. RCW 18.27.090 and 1997 c 314 s 8 are each amended to read as follows:

             The registration provisions of this chapter ((does)) do not apply to:

             (1) An authorized representative of the United States government, the state of Washington, or any incorporated city, town, county, township, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state;

             (2) Officers of a court when they are acting within the scope of their office;

             (3) Public utilities operating under the regulations of the utilities and transportation commission in construction, maintenance, or development work incidental to their own business;

             (4) Any construction, repair, or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of any petroleum or gas well or any surface or underground mine or mineral deposit when performed by an owner or lessee;

             (5) The sale or installation of any finished products, materials, or articles of merchandise ((which)) that are not actually fabricated into and do not become a permanent fixed part of a structure;

             (6) Any construction, alteration, improvement, or repair of personal property((, except this chapter shall apply to all mobile/manufactured housing. A mobile/manufactured home may be installed, set up, or repaired by the registered or legal owner by a contractor registered under this chapter)) performed by the registered or legal owner, or by a mobile/manufactured home retail dealer or manufacturer licensed under chapter 46.70 RCW who shall warranty service and repairs under chapter 46.70 RCW;

             (7) Any construction, alteration, improvement, or repair carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government;

             (8) Any person who only furnished materials, supplies, or equipment without fabricating them into, or consuming them in the performance of, the work of the contractor;

             (9) Any work or operation on one undertaking or project by one or more contracts, the aggregate contract price of which for labor and materials and all other items is less than five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The exemption prescribed in this subsection does not apply in any instance wherein the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made into contracts of amounts less than five hundred dollars for the purpose of evasion of this chapter or otherwise. The exemption prescribed in this subsection does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that he or she is a contractor, or that he or she is qualified to engage in the business of contractor;

             (10) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts or reclamation districts; or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising; or to clearing or other work upon land in rural districts for fire prevention purposes; except when any of the above work is performed by a registered contractor;

             (11) An owner who contracts for a project with a registered contractor, except that this exemption shall not deprive the owner of the protections of this chapter against registered and unregistered contractors;

             (12) Any person working on his or her own property, whether occupied by him or her or not, and any person working on his or her personal residence, whether owned by him or her or not but this exemption shall not apply to any person otherwise covered by this chapter who constructs an improvement on his or her own property with the intention and for the purpose of selling the improved property;

             (13) Owners of commercial properties who use their own employees to do maintenance, repair, and alteration work in or upon their own properties;

             (14) A licensed architect or civil or professional engineer acting solely in his or her professional capacity, an electrician licensed under the laws of the state of Washington, or a plumber licensed under the laws of the state of Washington or licensed by a political subdivision of the state of Washington while operating within the boundaries of such political subdivision. The exemption provided in this subsection is applicable only when the licensee is operating within the scope of his or her license;

             (15) Any person who engages in the activities herein regulated as an employee of a registered contractor with wages as his or her sole compensation or as an employee with wages as his or her sole compensation;

             (16) Contractors on highway projects who have been prequalified as required by RCW 47.28.070, with the department of transportation to perform highway construction, reconstruction, or maintenance work;

             (17) A mobile/manufactured home dealer or manufacturer who subcontracts the installation, set-up, or repair work to actively registered contractors. This exemption only applies to the installation, set-up, or repair of the mobile/manufactured homes that were manufactured or sold by the mobile/manufactured home dealer or manufacturer.

 

             Sec. 8. RCW 18.27.100 and 1997 c 314 s 9 are each amended to read as follows:

             (1) Except as provided in RCW 18.27.065 for partnerships and joint ventures, no person who has registered under one name as provided in this chapter shall engage in the business, or act in the capacity, of a contractor under any other name unless such name also is registered under this chapter.

             (2) All advertising and all contracts, correspondence, cards, signs, posters, papers, and documents which show a contractor's name or address shall show the contractor's name or address as registered under this chapter.

             (3)(a) All advertising that shows the contractor's name or address shall show the contractor's current registration number. The registration number may be omitted in an alphabetized listing of registered contractors stating only the name, address, and telephone number: PROVIDED, That signs on motor vehicles subject to RCW 46.16.010 and on-premise signs shall not constitute advertising as provided in this section. All materials used to directly solicit business from retail customers who are not businesses shall show the contractor's current registration number. A contractor shall not use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required. Advertising by airwave transmission shall not be subject to this subsection (3)(a).

             (b) The director may issue a subpoena to any person or entity selling any advertising subject to this section for the name, address, and telephone number provided to the seller of the advertising by the purchaser of the advertising. The subpoena must have enclosed a stamped, self-addressed envelope and blank form to be filled out by the seller of the advertising. If the seller of the advertising has the information on file, the seller shall, within a reasonable time, return the completed form to the department. The subpoena must be issued ((before forty-eight hours)) no more than two days after the expiration of the issue or publication containing the advertising or after the broadcast of the advertising. The good-faith compliance by a seller of advertising with a written request of the department for information concerning the purchaser of advertising shall constitute a complete defense to any civil or criminal action brought against the seller of advertising arising from such compliance. Advertising by airwave or electronic transmission is subject to this subsection (3)(b).

             (4) No contractor shall advertise that he or she is bonded and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter.

             (5) A contractor shall not falsify a registration number and use it, or use an expired registration number, in connection with any solicitation or identification as a contractor. All individual contractors and all partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses at all times while engaged in the business or capacity of a contractor or activities related thereto.

             (6) Any advertising by a person, firm, or corporation soliciting work as a contractor when that person, firm, or corporation is not registered pursuant to this chapter is a violation of this chapter.

             (7)(a) The finding of a violation of this section by the director at a hearing held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, shall subject the person committing the violation to a penalty of not more than ((five)) ten thousand dollars as determined by the director.

             (b) Penalties under this section shall not apply to a violation determined to be an inadvertent error.

 

             Sec. 9. RCW 18.27.114 and 1997 c 314 s 12 are each amended to read as follows:

             (1) Any contractor agreeing to perform any contracting project: (a) For the repair, alteration, or construction of four or fewer residential units or accessory structures on such residential property when the bid or contract price totals one thousand dollars or more; or (b) for the repair, alteration, or construction of a commercial building when the bid or contract price totals one thousand dollars or more but less than sixty thousand dollars, must provide the customer with the following disclosure statement in substantially the following form using lower case and upper case twelve-point and bold type where appropriate, prior to starting work on the project:

"NOTICE TO CUSTOMER

((This contractor is registered with the state of Washington, registration no. . . . ., as a general/specialty contractor and has posted with the state a bond or cash deposit of $6,000/$4,000 for the purpose of satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business. The expiration date of this contractor's registration is . . . . . . This bond or cash deposit may not be sufficient to cover a claim which might arise from the work done under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property may be liened to force payment. If you wish additional protection, you may request the contractor to provide you with original "lien release" documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the department of labor and industries."))

This contractor is registered with the state of Washington, registration no. . . ., and has posted with the state a bond or deposit of . . . . . for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration is . . . . ..

THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT.

This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to . . . . . that you and other customers, suppliers, subcontractors, or taxing authorities may have.

FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT.

You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract.

YOUR PROPERTY MAY BE LIENED.

If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work.

FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT.

The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries."

             (2) A contractor subject to this section shall notify any consumer to whom notice is required under subsection (1) of this section if the contractor's registration has expired or is revoked or suspended by the department prior to completion or other termination of the contract with the consumer.

             (3) No contractor subject to this section may bring or maintain any lien claim under chapter 60.04 RCW based on any contract to which this section applies without alleging and proving that the contractor has provided the customer with a copy of the disclosure statement as required in subsection (1) of this section.

             (4) This section does not apply to contracts authorized under chapter 39.04 RCW or to contractors contracting with other contractors.

             (5) Failure to comply with this section shall constitute an infraction under the provisions of this chapter.

             (6) The department shall produce model disclosure statements, and public service announcements detailing the information needed to assist contractors and contractors' customers to comply under this section. As necessary, the department shall periodically update these education materials.

 

             Sec. 10. RCW 18.27.310 and 1993 c 454 s 10 are each amended to read as follows:

             (1) The administrative law judge shall conduct contractors' notice of infraction cases pursuant to chapter 34.05 RCW.

             (2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence. The notice of infraction shall be dismissed if the defendant establishes that, at the time the ((notice was issued)) work was performed, the defendant was registered by the department, without suspension, or was exempt from registration.

             (3) After consideration of the evidence and argument, the administrative law judge shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the record of the proceedings. If it has been established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of law in its decision and order determining whether the infraction was committed.

             (4) An appeal from the administrative law judge's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.

 

             Sec. 11. RCW 18.27.320 and 1993 c 454 s 11 are each amended to read as follows:

             The administrative law judge shall dismiss the notice of infraction at any time upon written notification from the department that the contractor named in the notice of infraction was registered, without suspension, at the time the ((notice of infraction was issued)) work was performed.

 

             NEW SECTION. Sec. 12. A new section is added to chapter 18.27 RCW to read as follows:

             (1) The department shall use reasonable means, including working cooperatively with construction industry, financial institution, local government, consumer, media, and other interested organizations and individuals, to increase:

             (a) Consumer awareness of the requirements of this chapter and the methods available to consumers to protect themselves against loss; and

             (b) Contractor awareness of the obligations imposed on contractors by this chapter.

             (2) The department shall accomplish the tasks listed in this section within existing resources, including but not limited to fees charged under RCW 18.27.075.

 

             NEW SECTION. Sec. 13. A new section is added to chapter 18.27 RCW to read as follows:

             (1) The legislature finds that it is contrary to public policy to allow unregistered contractors to continue doing business illegally.

             (2) The department of labor and industries, the employment security department, and the department of revenue shall establish an unregistered contractors enforcement team. The team shall develop a written plan to coordinate the activities of the participating agencies to enforce the state's contractor registration laws and rules and other state laws and rules deemed appropriate by the team. In developing the plan, the team shall seek the input and advice of interested stakeholders who support the work of the team.

             (3) The director or the director's designee shall call the initial meeting of the unregistered contractors enforcement team by September 1, 2001. The team shall complete the plan and forward it to the appropriate standing committees of the legislature and to the departments that contribute members to the team by December 1, 2001.

             (4) The department of labor and industries, the employment security department, and the department of revenue shall accomplish the tasks listed in this section within existing resources, including but not limited to fees charged under RCW 18.27.075.

 

             Sec. 14. RCW 18.27.075 and 1983 c 74 s 2 are each amended to read as follows:

             The department ((may not set)) shall charge a fee ((higher than fifty)) of one hundred dollars for issuing or renewing a certificate of registration during the 2001-2003 biennium. The department shall revise this amount at least once every two years for the purpose of recognizing economic changes as reflected by the fiscal growth factor under chapter 43.135 RCW."

 

             Correct the title.

 

Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.

 

             Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk and McMorris.

 

             Referred to Committee on Appropriations.

 

March 30, 2001

SB 5108            Prime Sponsor, Senator T. Sheldon: Modifying provisions relating to the growing of short-rotation hardwood trees on agricultural land. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Doumit, Democratic Co-Chair; Sump, Republican Co-Chair; Pearson, Republican Vice Chair; Rockefeller, Democratic Vice Chair; Buck; G. Chandler; Edwards; Eickmeyer; Ericksen; Jackley; Murray and Pennington.

 

             Voting yea: Representatives Doumit, Sump, Pearson, Rockefeller, Buck, G. Chandler, Edwards, Eickmeyer Ericksen, Jackley, Murray and Pennington.

 

             Passed to Committee on Rules for second reading.

 

March 27, 2001

SSB 5114          Prime Sponsor, Senate Committee on Transportation: Modifying motorcycle provisions. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Reardon; Rockefeller; Romero; Schindler; Simpson; Skinner; Sump and Woods.

 

             Voting yea: Representatives Ahern, Anderson, Armstrong, G. Chandler, Edmonds, Ericksen, Fisher, Hankins, Hatfield, Jarrett, Lovick, Marine, Mielke, Mitchell, Morell, Murray, Ogden, Reardon, Rockefeller, Romero, Schindler, Simpson, Skinner, Sump, and Woods.

             Excused: Representatives Cooper, Haigh, Hurst, Jackley, and Wood.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SSB 5118          Prime Sponsor, Senate Committee on Ways & Means: Enacting the interstate compact for adult offender supervision. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Ahern, Republican Vice Chair; Lovick, Democratic Vice Chair; Kagi; Kirby and Morell.

 

MINORITY recommendation: Do not pass. Signed by Representative Cairnes.

 

             Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Kagi, Kirby and Morell.

             Voting nay: Representative Cairnes.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

SB 5121            Prime Sponsor, Senator Regala: Correcting references to the former office of marine safety. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Kirby; Quall; Roach; Schoesler and Sump.

 

             Voting yea: Representatives B. Chandler, G. Chandler, Cooper, Delvin, Dunshee, Grant, Hunt, Kirby, Linville, Mielke, Quall, Roach, Schoesler, and Sump.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

ESSB 5122       Prime Sponsor, Senate Committee on Human Services & Corrections: Revising procedures and standards for commitment of sexually violent predators. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.

 

             On page 13, line 23, after "also have" insert "the right to a jury trial and"

 

             On page 14, after line 6, strike all of section 10 and insert the following:

             "NEW SECTION. Sec. 10. The department shall, in consultation with interested stakeholders, develop recommendations for improving the procedures used to notify victims when a sexually violent predator is conditionally released to a less restrictive alternative under chapter 71.09 RCW, while at the same time maintaining the confidentiality of victim information."

 

             Correct the title.

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Ahern, Republican Vice Chair; Lovick, Democratic Vice Chair; Cairnes; Kagi; Kirby and Morell.

 

             Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SSB 5123          Prime Sponsor, Senate Committee on Human Services & Corrections: Revising the crime of escape as it relates to persons committed to the department of social and health services. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Ahern, Republican Vice Chair; Lovick, Democratic Vice Chair; Cairnes; Kagi; Kirby and Morell.

 

             Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SB 5127            Prime Sponsor, Senator Prentice: Determining the number of unclassified personnel in the sheriff's office. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.

 

             Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk and McMorris.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESB 5143         Prime Sponsor, Senator Long: Modifying the Washington state patrol retirement system retirement and survivor benefits. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 43.43.040 and 1998 c 194 s 1 are each amended to read as follows:

             (1) The chief of the Washington state patrol shall relieve from active duty Washington state patrol officers who, while in the performance of their official duties, or while on standby or available for duty, have been or hereafter may be injured or incapacitated to such an extent as to be mentally or physically incapable of active service: PROVIDED, That:

             (a) Any officer disabled while performing line duty who is found by the chief to be physically incapacitated shall be placed on disability leave for a period not to exceed six months from the date of injury or the date incapacitated. During this period, the officer shall be entitled to all pay, benefits, insurance, leave, and retirement contributions awarded to an officer on active status, less any compensation received through the department of labor and industries. No such disability leave shall be approved until an officer has been unavailable for duty for more than forty consecutive work hours. Prior to the end of the six-month period, the chief shall either place the officer on disability status or return the officer to active status.

             For the purposes of this section, "line duty" is active service which encompasses the traffic law enforcement duties and/or other law enforcement responsibilities of the state patrol. These activities encompass all enforcement practices of the laws, accident and criminal investigations, or actions requiring physical exertion or exposure to hazardous elements.

             The chief shall define by rule the situations where a disability has occurred during line duty;

             (b) Benefits under this section for a disability that is incurred while in other employment will be reduced by any amount the officer receives or is entitled to receive from workers' compensation, social security, group insurance, other pension plan, or any other similar source provided by another employer on account of the same disability;

             (c) An officer injured while engaged in willfully tortious or criminal conduct shall not be entitled to disability benefits under this section; and

             (d) For members commissioned prior to January 1, 2003, should a disability beneficiary whose disability was not incurred in line of duty, prior to attaining age fifty, engage in a gainful occupation, the chief shall reduce the amount of his retirement allowance to an amount which when added to the compensation earned by him in such occupation shall not exceed the basic salary currently being paid for the rank the retired officer held at the time he was disabled. All such disability beneficiaries under age fifty shall file with the chief every six months a signed and sworn statement of earnings and any person who shall knowingly swear falsely on such statement shall be subject to prosecution for perjury. Should the earning capacity of such beneficiary be further altered, the chief may further alter his disability retirement allowance as indicated above. The failure of any officer to file the required statement of earnings shall be cause for cancellation of retirement benefits.

             (2) ((Officers)) (a) Members commissioned prior to January 1, 2003, on disability status shall receive one-half of their compensation at the existing wage, during the time the disability continues in effect, less any compensation received through the department of labor and industries. They shall be subject to mental or physical examination at any state institution or otherwise under the direction of the chief of the patrol at any time during such relief from duty to ascertain whether or not they are able to resume active duty.

             (b) Members commissioned on or after January 1, 2003, on disability status as a result of a line duty disability shall receive a line duty disability allowance of one-half of their compensation at the existing wage, during the time the disability continues in effect, less any compensation received through the department of labor and industries, and any retirement allowance under section 2 of this act. They shall be subject to such comprehensive medical examinations as required by the chief of the patrol at any time during such relief from duty. If these medical examinations reveal that a member has recovered from the incapacitating disability and the member is offered reemployment by the chief at a comparable compensation, the member shall cease to be eligible for this line duty disability allowance.

 

             NEW SECTION. Sec. 2. (1) A member of the retirement system commissioned on or after January 1, 2003, who becomes totally incapacitated for continued employment by an employer as determined by the department upon recommendation of the department shall be eligible to receive an allowance under RCW 43.43.260. The member shall receive a monthly disability allowance computed as provided for in RCW 43.43.260 and shall have this allowance actuarially reduced to reflect the difference in the number of years between age at disability and the attainment of age fifty-five or from when the member could have attained twenty-five years of service, whichever is less.

             Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these medical examinations reveal that a member has recovered from the incapacitating disability and the member is offered reemployment by the chief at a comparable compensation, the member shall cease to be eligible for the allowance.

             (2) If the recipient of a monthly retirement allowance under this section dies before the total of the retirement allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or the person or persons, trust, or organization as the recipient has nominated by written designation duly executed and filed with the director, or if there is no designated person or persons still living at the time of the recipient's death, then to the surviving spouse, or if there is no designated person or persons still living at the time of his or her death nor a surviving spouse, then to his or her legal representative.

 

             Sec. 3. RCW 43.43.120 and 1999 c 74 s 1 are each amended to read as follows:

             As used in the following sections, unless a different meaning is plainly required by the context:

             (1) "Retirement system" means the Washington state patrol retirement system.

             (2) "Retirement fund" means the Washington state patrol retirement fund.

             (3) "State treasurer" means the treasurer of the state of Washington.

             (4) "Member" means any person included in the membership of the retirement fund.

             (5) "Employee" means any commissioned employee of the Washington state patrol.

             (6)(a) "Cadet," for a person who became a member of the retirement system after June 12, 1980, is a person who has passed the Washington state patrol's entry-level oral, written, physical performance, and background examinations and is, thereby, appointed by the chief as a candidate to be a commissioned officer of the Washington state patrol.

             (b) "Cadet," for a person who became a member of the retirement system before June 12, 1980, is a trooper cadet, patrol cadet, or employee of like classification, employed for the express purpose of receiving the on-the-job training required for attendance at the state patrol academy and for becoming a commissioned trooper. "Like classification" includes: Radio operators or dispatchers; persons providing security for the governor or legislature; patrolmen; drivers' license examiners; weighmasters; vehicle safety inspectors; central wireless operators; and warehousemen.

             (7) "Beneficiary" means any person in receipt of retirement allowance or any other benefit allowed by this chapter.

             (8) "Regular interest" means interest compounded annually at such rates as may be determined by the director.

             (9) "Retirement board" means the board provided for in this chapter.

             (10) "Insurance commissioner" means the insurance commissioner of the state of Washington.

             (11) "Lieutenant governor" means the lieutenant governor of the state of Washington.

             (12) "Service" shall mean services rendered to the state of Washington or any political subdivisions thereof for which compensation has been paid. Full time employment for seventy or more hours in any given calendar month shall constitute one month of service. An employee who is reinstated in accordance with RCW 43.43.110 shall suffer no loss of service for the period reinstated subject to the contribution requirements of this chapter. Only months of service shall be counted in the computation of any retirement allowance or other benefit provided for herein. Years of service shall be determined by dividing the total number of months of service by twelve. Any fraction of a year of service as so determined shall be taken into account in the computation of such retirement allowance or benefit.

             (13) "Prior service" shall mean all services rendered by a member to the state of Washington, or any of its political subdivisions prior to August 1, 1947, unless such service has been credited in another public retirement or pension system operating in the state of Washington.

             (14) "Current service" shall mean all service as a member rendered on or after August 1, 1947.

             (15)(a) "Average final salary," for members commissioned prior to January 1, 2003, shall mean the average monthly salary received by a member during the member's last two years of service or any consecutive two-year period of service, whichever is the greater, as an employee of the Washington state patrol; or if the member has less than two years of service, then the average monthly salary received by the member during the member's total years of service.

             (b) "Average final salary," for members commissioned on or after January 1, 2003, shall mean the average monthly salary received by a member for the highest consecutive sixty service credit months; or if the member has less than sixty months of service, then the average monthly salary received by the member during the member's total months of service.

             (16) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality table as may be adopted and such interest rate as may be determined by the director.

             (17) Unless the context expressly indicates otherwise, words importing the masculine gender shall be extended to include the feminine gender and words importing the feminine gender shall be extended to include the masculine gender.

             (18) "Director" means the director of the department of retirement systems.

             (19) "Department" means the department of retirement systems created in chapter 41.50 RCW.

             (20) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

             (21) "Contributions" means the deduction from the compensation of each member in accordance with the contribution rates established under ((RCW 43.43.300)) chapter 41.45 RCW.

             (22) "Annual increase" means as of July 1, 1999, seventy-seven cents per month per year of service which amount shall be increased each subsequent July 1st by three percent, rounded to the nearest cent.

             (23)(a) "Salary," for members commissioned prior to July 1, 2001, shall exclude any overtime earnings related to RCW 47.46.040, or any voluntary overtime, earned on or after July 1, 2001.

             (b) "Salary," for members commissioned on or after July 1, 2001, shall exclude any overtime earnings related to RCW 47.46.040 or any voluntary overtime, lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, holiday pay, or any form of severance pay.

             (24) "Plan 2" means the Washington state patrol retirement system plan 2, providing the benefits and funding provisions covering commissioned employees who first become members of the system on or after January 1, 2003.

 

             Sec. 4. RCW 43.43.260 and 1994 c 197 s 34 are each amended to read as follows:

             Upon retirement from service as provided in RCW 43.43.250, a member shall be granted a retirement allowance which shall consist of:

             (1) A prior service allowance which shall be equal to two percent of the member's average final salary multiplied by the number of years of prior service rendered by the member.

             (2) A current service allowance which shall be equal to two percent of the member's average final salary multiplied by the number of years of service rendered while a member of the retirement system.

             (3)(a) Any member commissioned prior to January 1, 2003, with twenty-five years service in the Washington state patrol may have the member's service in the armed forces credited as a member whether or not the individual left the employ of the Washington state patrol to enter such armed forces: PROVIDED, That in no instance shall military service in excess of five years be credited: AND PROVIDED FURTHER, That in each instance, a member must restore all withdrawn accumulated contributions, which restoration must be completed on the date of the member's retirement, or as provided under RCW 43.43.130, whichever occurs first: AND PROVIDED FURTHER, That this section shall not apply to any individual, not a veteran within the meaning of RCW 41.06.150, as now or hereafter amended: AND PROVIDED FURTHER, That in no instance shall military service be credited to any member who is receiving full military retirement benefits pursuant to Title 10 United States Code, as now or hereafter amended.

             (b) A member who leaves the Washington state patrol to enter the armed forces of the United States shall be entitled to retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.

             (i) The member qualifies for service credit under this subsection if:

             (A) Within ninety days of the member's honorable discharge from the United States armed forces, the member applies for reemployment with the employer who employed the member immediately prior to the member entering the United States armed forces; and

             (B) The member makes the employee contributions required under section 11 of this act and RCW 41.45.067 within five years of resumption of service or prior to retirement, whichever comes sooner; or

             (C) Prior to retirement and not within ninety days of the member's honorable discharge or five years of resumption of service the member pays the amount required under RCW 41.50.165(2).

             (ii) Upon receipt of member contributions under (b)(i)(B) of this subsection, the department shall establish the member's service credit and shall bill the employer for its contribution required under RCW 41.45.060 for the period of military service, plus interest as determined by the department.

             (iii) The contributions required under (b)(i)(B) of this subsection shall be based on the compensation the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year prior to when the member went on military leave.

             (4) In no event shall the total retirement benefits from subsections (1), (2), and (3) of this section, of any member exceed seventy-five percent of the member's average final salary.

             (5) ((A yearly increase in retirement allowance which shall amount to two percent of the retirement allowance computed at the time of retirement. This yearly increase shall be added to the retirement allowance on July 1st of each calendar year.)) Beginning July 1, 2001, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement allowance has been in effect for at least one year:

             (a) The original dollar amount of the retirement allowance;

             (b) The index for the calendar year prior to the effective date of the retirement allowance, to be known as "index A";

             (c) The index for the calendar year prior to the date of determination, to be known as "index B"; and

             (d) The ratio obtained when index B is divided by index A.

             The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied beginning with the July payment. In no event, however, shall the annual adjustment:

             (i) Produce a retirement allowance which is lower than the original retirement allowance;

             (ii) Exceed three percent in the initial annual adjustment; or

             (iii) Differ from the previous year's annual adjustment by more than three percent.

             For the purposes of this section, "index" means, for any calendar year, that year's average consumer price index for the Seattle-Tacoma-Bremerton Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.

             The provisions of this section shall apply to all members presently retired and to all members who shall retire in the future.

 

             NEW SECTION. Sec. 5. (1) A member commissioned on or after January 1, 2003, upon retirement for service as prescribed in RCW 43.43.250 or disability retirement under RCW 43.43.040, shall elect to have the retirement allowance paid pursuant to the following options, calculated so as to be actuarially equivalent to each other.

             (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout the member's life. However, if the retiree dies before the total of the retirement allowance paid to the retiree equals the amount of the retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.

             (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person. Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.

             (2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and member's spouse do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse as the beneficiary. This benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.

             (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:

             (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and

             (ii) The spousal consent provisions of (a) of this subsection do not apply.

             (3) No later than January 1, 2003, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:

             (a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.

             (ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.

             (b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.

             (c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.

 

             Sec. 6. RCW 43.43.270 and 1989 c 108 s 1 are each amended to read as follows:

             For members commissioned prior to January 1, 2003:

             (1) The normal form of retirement allowance shall be an allowance which shall continue as long as the member lives.

             (2) If a member should die while in service the member's lawful spouse shall be paid an allowance which shall be equal to fifty percent of the average final salary of the member. If the member should die after retirement the member's lawful spouse shall be paid an allowance which shall be equal to the retirement allowance then payable to the member or fifty percent of the final average salary used in computing the member's retirement allowance, whichever is less. The allowance paid to the lawful spouse shall continue as long as the spouse lives: PROVIDED, That if a surviving spouse who is receiving benefits under this subsection marries another member of this retirement system who subsequently predeceases such spouse, the spouse shall then be entitled to receive the higher of the two survivors' allowances for which eligibility requirements were met, but a surviving spouse shall not receive more than one survivor's allowance from this system at the same time under this subsection. To be eligible for an allowance the lawful surviving spouse of a retired member shall have been married to the member prior to the member's retirement and continuously thereafter until the date of the member's death or shall have been married to the retired member at least two years prior to the member's death.

             (3) If a member should die, either while in service or after retirement, the member's surviving unmarried children under the age of eighteen years shall be provided for in the following manner:

             (a) If there is a surviving spouse, each child shall be entitled to a benefit equal to five percent of the final average salary of the member or retired member. The combined benefits to the surviving spouse and all children shall not exceed sixty percent of the final average salary of the member or retired member; and

             (b) If there is no surviving spouse or the spouse should die, the child or children shall be entitled to a benefit equal to thirty percent of the final average salary of the member or retired member for one child and an additional ten percent for each additional child. The combined benefits to the children under this subsection shall not exceed sixty percent of the final average salary of the member or retired member. Payments under this subsection shall be prorated equally among the children, if more than one.

             (4) If a member should die in the line of duty while employed by the Washington state patrol, the member's surviving children under the age of twenty years and eleven months if attending any high school, college, university, or vocational or other educational institution accredited or approved by the state of Washington shall be provided for in the following manner:

             (a) If there is a surviving spouse, each child shall be entitled to a benefit equal to five percent of the final average salary of the member. The combined benefits to the surviving spouse and all children shall not exceed sixty percent of the final average salary of the member;

             (b) If there is no surviving spouse or the spouse should die, the unmarried child or children shall be entitled to receive a benefit equal to thirty percent of the final average salary of the member or retired member for one child and an additional ten percent for each additional child. The combined benefits to the children under this subsection shall not exceed sixty percent of the final average salary. Payments under this subsection shall be prorated equally among the children, if more than one; and

             (c) If a beneficiary under this subsection reaches the age of twenty-one years during the middle of a term of enrollment the benefit shall continue until the end of that term.

             (5) The provisions of this section shall apply to members who have been retired on disability as provided in RCW 43.43.040 if the officer was a member of the Washington state patrol retirement system at the time of such disability retirement.

 

             NEW SECTION. Sec. 7. (1) For members commissioned on or after January 1, 2003, except as provided in RCW 11.07.010, if a member or a vested member who has not completed at least ten years of service dies, the amount of the accumulated contributions standing to such member's credit in the retirement system at the time of such member's death, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.

             (2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the surviving spouse or eligible child or children shall elect to receive either:

             (a) A retirement allowance computed as provided for in RCW 43.43.260, actuarially reduced by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670 and actuarially adjusted to reflect a joint and one hundred percent survivor option under RCW 43.43.278 and if the member was not eligible for normal retirement at the date of death a further reduction from age fifty-five or when the member could have attained twenty-five years of service, whichever is less; if a surviving spouse who is receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority; if there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance share and share alike calculated under this section making the assumption that the ages of the spouse and member were equal at the time of the member's death; or

             (b)(i) The member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670; or

             (ii) If the member dies, one hundred fifty percent of the member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670. Any accumulated contributions attributable to restorations made under RCW 41.50.165(2) shall be refunded at one hundred percent.

             (3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid:

             (a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or

             (b) If there is no such designated person or persons still living at the time of the member's death, then to the member's legal representatives.

 

             Sec. 8. RCW 43.43.274 and 1999 c 74 s 3 are each amended to read as follows:

             Effective ((July 1, 1997)) January 1, 2003, the minimum retirement allowance under RCW 43.43.260 and 43.43.270(2) in effect on January 1, 2002, shall ((not be less than twenty dollars per month for each year of service. Effective July 1, 1999, and annually thereafter, the retirement allowance provided under this section shall be adjusted by the annual increase amount. If the member has elected to receive a reduced retirement allowance under RCW 43.43.280(2), the minimum retirement allowance under this section shall be reduced accordingly)) be increased by three percent. Each January 1st thereafter, the minimum retirement allowance of the preceding year shall be increased by three percent.

 

             Sec. 9. RCW 43.43.278 and 2000 c 186 s 9 are each amended to read as follows:

by July 1, 2000, the department of retirement systems shall adopt rules that allow a member to select an actuarially equivalent retirement option that pays the member a reduced retirement allowance and upon death shall be continued throughout the life of a lawful surviving spouse. The continuing allowance to the lawful surviving spouse shall be subject to the yearly increase provided by RCW 43.43.260(5) ((in lieu of the annual increase provided in RCW 43.43.272)). The allowance to the lawful surviving spouse under this section, and the allowance for an eligible child or children under RCW 43.43.270, shall not be subject to the limit for combined benefits under RCW 43.43.270.

 

             Sec. 10. RCW 41.45.060 and 2000 2nd sp.s. c 1 s 905 are each amended to read as follows:

             (1) The state actuary shall provide actuarial valuation results based on the assumptions adopted under RCW 41.45.030.

             (2) Not later than September 30, 1998, and every two years thereafter, consistent with the assumptions adopted under RCW 41.45.030, the council shall adopt and may make changes to:

             (a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system;

             (b) Basic employer contribution rates for the public employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system to be used in the ensuing biennial period; and

             (c) A basic employer contribution rate for the school employees' retirement system for funding the public employees' retirement system plan 1.

             For the 1999-2001 fiscal biennium, the rates adopted by the council shall be effective for the period designated in section 902, chapter 1, Laws of 2000 2nd sp. sess. and RCW 41.45.0602.

             (3) The employer and state contribution rates adopted by the council shall be the level percentages of pay that are needed:

             (a) To fully amortize the total costs of the public employees' retirement system plan 1, the teachers' retirement system plan 1, and the law enforcement officers' and fire fighters' retirement system plan 1((, and the unfunded liability of the Washington state patrol retirement system)) not later than June 30, 2024, except as provided in subsection (5) of this section;

             (b) To also continue to fully fund the public employees' retirement system plans 2 and 3, the teachers' retirement system plans 2 and 3, the school employees' retirement system plans 2 and 3, and the law enforcement officers' and fire fighters' retirement system plan 2 in accordance with RCW 41.45.061, 41.45.067, and this section; and

             (c) For the law enforcement officers' and fire fighters' system plan 2 the rate charged to employers, except as provided in RCW 41.26.450, shall be thirty percent of the cost of the retirement system and the rate charged to the state shall be twenty percent of the cost of the retirement system.

             (4) The aggregate actuarial cost method shall be used to calculate a combined plan 2 and 3 employer contribution rate and a Washington state patrol retirement system contribution rate.

             (5) An amount equal to the amount of extraordinary investment gains as defined in RCW 41.31.020 shall be used to shorten the amortization period for the public employees' retirement system plan 1 and the teachers' retirement system plan 1.

             (6) The council shall immediately notify the directors of the office of financial management and department of retirement systems of the state and employer contribution rates adopted.

             (7) The director of the department of retirement systems shall collect those rates adopted by the council.

 

             NEW SECTION. Sec. 11. Beginning July 1, 2001, the required contribution rate for members of the Washington state patrol retirement system shall be two percent or equal to the employer rate adopted under RCW 41.45.060 and 41.45.070 for the Washington state patrol retirement system, whichever is greater.

 

             NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

             (1) RCW 43.43.272 (Surviving spouse allowance--Annual adjustment) and 1999 c 74 s 2;

             (2) RCW 43.43.276 (Retirement and beneficiary allowances--Post-retirement adjustment--Minimum adjustment) and 1983 1st ex.s. c 56 s 5; and

             (3) RCW 43.43.300 (Contributions by members--State contributions remain in fund if member leaves patrol) and 2000 c 17 s 1 & 1965 c 8 s 43.43.300.

 

             NEW SECTION. Sec. 13. (1) Sections 2, 5, and 7 of this act are each added to chapter 43.43 RCW.

             (2) Section 11 of this act is added to chapter 41.45 RCW.

 

             NEW SECTION. Sec. 14. 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 July 1, 2001."

 

             On page 1, line 2 of the title, after "benefits;" strike the remainder of the title and insert "amending RCW 43.43.040, 43.43.120, 43.43.260, 43.43.270, 43.43.274, 43.43.278, and 41.45.060; adding new sections to chapter 43.43 RCW; adding a new section to chapter 41.45 RCW; repealing RCW 43.43.272, 43.43.276, and 43.43.300; providing an effective date; and declaring an emergency."

 

Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Lisk, Republican Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Grant; Kagi; Keiser; Kenney; Lambert; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

 

             Voting yea: Representatives Alexander, Barlean, Benson, Buck, Clements, Cody, Cox, Doumit, Dunshee, Fromhold, Grant, Kagi, Keiser, Kenney, Lambert, Linville, Lisk, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Sehlin, Sommers, Talcott, and Tokuda.

             Excused: Representatives Boldt, Gombosky, and Kessler.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5145            Prime Sponsor, Senator Long: Exempting trainers and trainees in housing authority resident training programs from membership in the public employees' retirement system. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

 

             Voting yea: Representatives Alexander, Barlean, Benson, Boldt, Buck, Clements, Cody, Cox, Doumit, Dunshee, Fromhold, Grant, Keiser, Kenney, Lambert, Linville, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Sehlin, Sommers, Talcott, and Tokuda.

             Excused: Representatives Gombosky, Kagi, Kessler, and Lisk.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5147            Prime Sponsor, Senator Winsley: Correcting statutes pertaining to the public employees' and school employees' retirement systems. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

 

             Voting yea: Representatives Alexander, Barlean, Benson, Boldt, Buck, Clements, Cody, Cox, Doumit, Dunshee, Fromhold, Grant, Kagi, Keiser, Kenney, Lambert, Linville, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Sehlin, Sommers, Talcott, and Tokuda.

             Excused: Representatives Gombosky, Kessler, and Lisk.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5151            Prime Sponsor, Senator Carlson: Increasing the number of hours that teachers' retirement system plan retirees may work in an eligible position to eight hundred forty without a reduction in their retirement benefits. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

 

             Voting yea: Representatives Alexander, Barlean, Benson, Boldt, Buck, Clements, Cody, Cox, Doumit, Dunshee, Fromhold, Grant, Kagi, Keiser, Kenney, Lambert, Linville, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Sehlin, Sommers, Talcott, and Tokuda.

             Excused: Representatives Gombosky, Kessler, and Lisk.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESB 5156         Prime Sponsor, Senator Hale: Creating an additional superior court position for the counties of Benton and Franklin jointly. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Dickerson; Esser; Lovick and McDermott.

 

             Voting yea: Representatives Boldt, Carrell, Casada, Dickerson, Esser, Hurst, Lambert, Lantz, Lovick, and McDermott.

 

             Referred to Committee on Appropriations.

 

March 28, 2001

SSB 5166          Prime Sponsor, Senate Committee on Higher Education: Allowing state financial aid to be used at Washington branch campuses of accredited out-of-state institutions of higher education. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Cox, Republican Co-Chair; Kenney, Democratic Co-Chair; Gombosky, Democratic Vice Chair; Jarrett, Republican Vice Chair; Fromhold; Lantz and Skinner.

 

MINORITY recommendation: Do not pass. Signed by Representative Dunn.

 

             Voting yea: Representatives Cox, Kenney, Gombosky, Jarrett, Fromhold, Lantz and Skinner.

             Voting nay: Representative Dunn.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

SSB 5182          Prime Sponsor, Senate Committee on Environment, Energy & Water: Ensuring a sustainable, comprehensive pipeline safety program in the state. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. The intent of this act is to ensure a sustainable, comprehensive, pipeline safety program, to protect the health and safety of the citizens of the state of Washington, and maintain the quality of the state's environment. The legislature finds that public safety and the environment are best protected by securing permanent funding for this program through establishment of a regulatory fee imposed on hazardous liquids and gas pipelines.

 

             NEW SECTION. Sec. 2. A new section is added to chapter 80.24 RCW to read as follows:

             (1)(a) Every gas company and every interstate gas pipeline company subject to inspection or enforcement by the commission shall pay an annual pipeline safety fee to the commission. The pipeline safety fees received by the commission shall be deposited in the pipeline safety account created in RCW 81.88.050.

             (b) The aggregate amount of fees set shall be sufficient to recover the reasonable costs of administering the pipeline safety program, taking into account federal funds used to offset the costs. The fees established under this section shall be designed to generate revenue not exceeding appropriated levels of funding for the current fiscal year. At a minimum, the fees established under this section shall be sufficient to adequately fund pipeline inspection personnel, the timely review of pipeline safety and integrity plans, the timely development of spill response plans, the timely development of accurate maps of pipeline locations, participation in federal pipeline safety efforts to the extent allowed by law, and the staffing of the citizens committee on pipeline safety.

             (c) Increases in the aggregate amount of fees over the immediately preceding fiscal year are subject to the requirements of RCW 43.135.055.

             (2) The commission shall by rule establish the methodology it will use to set the appropriate fee for each entity subject to this section. The methodology shall provide for an equitable distribution of program costs among all entities subject to the fee. The fee methodology shall provide for:

             (a) Direct assignment of average costs associated with annual standard inspections, including the average number of inspection days per year. In establishing these directly assignable costs, the commission shall consider the requirements and guidelines of the federal government, state safety standards, and good engineering practice; and

             (b) A uniform and equitable means of estimating and allocating costs of other duties relating to inspecting pipelines for safety that are not directly assignable, including but not limited to design review and construction inspections, specialized inspections, incident investigations, geographic mapping system design and maintenance, and administrative support.

             (3) The commission shall require reports from those entities subject to this section in the form and at such time as necessary to set the fees. After considering the reports supplied by the entities, the commission shall set the amount of the fee payable by each entity by general order entered before July 1st of each year.

             (4) For companies subject to RCW 80.24.010, the commission shall collect the pipeline safety fee as part of the fee specified in RCW 80.24.010. The commission shall allocate the moneys collected under RCW 80.24.010 between the pipeline safety program and for other regulatory purposes. The commission shall adopt rules that assure that fee moneys related to the pipeline safety program are maintained separately from other moneys collected by the commission under this chapter.

             (5) Any payment of the fee imposed by this section made after its due date must include a late fee of two percent of the amount due. Delinquent fees accrue interest at the rate of one percent per month.

             (6) The commission shall keep accurate records of the costs incurred in administering its gas pipeline safety program, and the records are open to inspection by interested parties. The records and data upon which the commission's determination is made shall be prima facie correct in any proceeding to challenge the reasonableness or correctness of any order of the commission fixing fees and distributing regulatory expenses.

             (7) If any entity seeks to contest the imposition of a fee imposed under this section, that entity shall pay the fee and request a refund within six months of the due date for the payment by filing a petition for a refund with the commission. The commission shall establish by rule procedures for handling refund petitions and may delegate the decisions on refund petitions to the secretary of the commission.

             (8) After establishing the fee methodology by rule as required in subsection (2) of this section, the commission shall create a regulatory incentive program for pipeline safety programs in collaboration with the citizens committee on pipeline safety. The regulatory incentive program created by the commission shall not shift costs among companies paying pipeline safety fees and shall not decrease revenue to pipeline safety programs. The regulatory incentive program shall not be implemented until after the review conducted according to section 4 of this act.

 

             NEW SECTION. Sec. 3. A new section is added to chapter 81.24 RCW to read as follows:

             (1)(a) Every hazardous liquid pipeline company as defined in RCW 81.88.010 shall pay an annual pipeline safety fee to the commission. The pipeline safety fees received by the commission shall be deposited in the pipeline safety account created in RCW 81.88.050.

             (b) The aggregate amount of fees set shall be sufficient to recover the reasonable costs of administering the pipeline safety program, taking into account federal funds used to offset the costs. The fees established under this section shall be designed to generate revenue not exceeding appropriated levels of funding for the current fiscal year. At a minimum, the fees established under this section shall be sufficient to adequately fund pipeline inspection personnel, the timely review of pipeline safety and integrity plans, the timely development of spill response plans, the timely development of accurate maps of pipeline locations, participation in federal pipeline safety efforts to the extent allowed by law, and the staffing of the citizens committee on pipeline safety.

             (c) Increases in the aggregate amount of fees over the immediately preceding fiscal year are subject to the requirements of RCW 43.135.055.

             (2) The commission shall by rule establish the methodology it will use to set the appropriate fee for each entity subject to this section. The methodology shall provide for an equitable distribution of program costs among all entities subject to the fee. The fee methodology shall provide for:

             (a) Direct assignment of average costs associated with annual standard inspections, including the average number of inspection days per year. In establishing these directly assignable costs, the commission shall consider the requirements and guidelines of the federal government, state safety standards, and good engineering practice; and

             (b) A uniform and equitable means of estimating and allocating costs of other duties relating to inspecting pipelines for safety that are not directly assignable, including but not limited to design review and construction inspections, specialized inspections, incident investigations, geographic mapping system design and maintenance, and administrative support.

             (3) The commission shall require reports from those entities subject to this section in the form and at such time as necessary to set the fees. After considering the reports supplied by the entities, the commission shall set the amount of the fee payable by each entity by general order entered before July 1st of each year.

             (4) For companies subject to RCW 81.24.010, the commission shall collect the pipeline safety fee as part of the fee specified in RCW 81.24.010. The commission shall allocate the moneys collected under RCW 81.24.010 between the pipeline safety program and for other regulatory purposes. The commission shall adopt rules that assure that fee moneys related to the pipeline safety program are maintained separately from other moneys collected by the commission under this chapter.

             (5) Any payment of the fee imposed by this section made after its due date must include a late fee of two percent of the amount due. Delinquent fees accrue interest at the rate of one percent per month.

             (6) The commission shall keep accurate records of the costs incurred in administering its hazardous liquid pipeline safety program, and the records are open to inspection by interested parties. The records and data upon which the commission's determination is made shall be prima facie correct in any proceeding to challenge the reasonableness or correctness of any order of the commission fixing fees and distributing regulatory expenses.

             (7) If any entity seeks to contest the imposition of a fee imposed under this section, that entity shall pay the fee and request a refund within six months of the due date for the payment by filing a petition for a refund with the commission. The commission shall establish by rule procedures for handling refund petitions and may delegate the decisions on refund petitions to the secretary of the commission.

             (8) After establishing the fee methodology by rule as required in subsection (2) of this section, the commission shall create a regulatory incentive program for pipeline safety programs in collaboration with the citizens committee on pipeline safety. The regulatory incentive program created by the commission shall not shift costs among companies paying pipeline safety fees and shall not decrease revenue to pipeline safety programs. The regulatory incentive program shall not be implemented until after the review conducted according to section 4 of this act.

 

             NEW SECTION. Sec. 4. A new section is added to chapter 81.88 RCW to read as follows:

             The joint legislative audit and review committee shall review staff use, inspection activity, fee methodology, and costs of the hazardous liquid and gas pipeline safety programs and report to the appropriate legislative committees by July 1, 2003. The report shall include a comparison of interstate and intrastate programs, including but not limited to the number and complexity of regular and specialized inspections, mapping requirements for each program, and allocation of administrative costs to each program.

 

             Sec. 5. RCW 19.122.055 and 2000 c 191 s 24 are each amended to read as follows:

             (1) Any person who fails to notify the one-number locator service and causes damage to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation.

             (2) All civil penalties recovered under this section ((relating to hazardous liquid pipelines)) shall be deposited into the ((hazardous liquid)) pipeline safety account created in RCW 81.88.050. ((All civil penalties recovered under this section relating to gas pipelines shall be deposited in the general fund and expended for the purpose of enforcement of gas pipeline safety laws.))

 

             Sec. 6. RCW 81.88.010 and 2000 c 191 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) "Commission" means the utilities and transportation commission.

             (2) (("Department" means the department of ecology.

             (3))) "Failsafe" means a design feature that will maintain or result in a safe condition in the event of malfunction or failure of a power supply, component, or control device.

             (((4))) (3) "Gas" means natural gas, flammable gas, or toxic or corrosive gas.

             (((5))) (4) "Gas pipeline" means all parts of a pipeline facility through which gas moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Gas pipeline" does not include process or transfer pipelines.

             (((6))) (5) "Gas pipeline company" means a person or entity constructing, owning, or operating a gas pipeline for transporting gas. A "gas pipeline company" does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a gas pipeline company.

             (((7))) (6) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (b) carbon dioxide.

             (((8))) (7) "Local government" means a political subdivision of the state or a city or town.

             (((9))) (8) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any political subdivision or instrumentality of a state, and its employees, agents, or legal representatives.

             (((10))) (9) "Pipeline," "pipeline system," or "hazardous liquid pipeline" means all parts of a pipeline facility through which a hazardous liquid moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines.

             (((11))) (10) "Pipeline company" or "hazardous liquid pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid. A "pipeline company" does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a pipeline company.

             (((12))) (11) "Reportable release" means a spilling, leaking, pouring, emitting, discharging, or any other uncontrolled escape of a hazardous liquid in excess of one barrel, or forty-two gallons.

             (((13))) (12) "Safety management systems" means management systems that include coordinated and interdisciplinary evaluations of the effect of significant changes to a pipeline system before such changes are implemented.

             (((14))) (13) "Transfer pipeline" means a buried or aboveground pipeline used to carry oil between a tank vessel or transmission pipeline and the first valve inside secondary containment at the facility provided that any discharge on the facility side of that first valve will not directly impact waters of the state. A transfer pipeline includes valves, and other appurtenances connected to the pipeline, pumping units, and fabricated assemblies associated with pumping units. A transfer pipeline does not include process pipelines, pipelines carrying ballast or bilge water, transmission pipelines, or tank vessel or storage tanks.

             (((15))) (14) "Transmission pipeline" means a gas pipeline that transports gas within a storage field, or transports gas from an interstate pipeline or storage facility to a distribution main or a large volume gas user, or operates at a hoop stress of twenty percent or more of the specified minimum yield strength.

 

             Sec. 7. RCW 81.88.050 and 2000 c 191 s 4 are each amended to read as follows:

             (1) The ((hazardous liquid)) pipeline safety account is created in the custody of the state treasurer. All fees received by the commission for the pipeline safety program according to sections 2 and 3 of this act and all receipts from the federal office of pipeline safety and any other state or federal funds provided for ((hazardous liquid)) pipeline safety ((must)) shall be deposited in the account, except as provided in subsection (2) of this section. Any fines collected under this chapter, or otherwise designated to this account must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for funding pipeline safety.

             (2) Federal funds received before June 30, 2001, shall be treated as receipt of unanticipated funds and expended, without appropriation, for the designated purposes.

 

             Sec. 8. RCW 81.88.060 and 2000 c 191 s 5 are each amended to read as follows:

             (1) A comprehensive program of hazardous liquid pipeline safety is authorized by RCW 81.88.010, 81.88.040, 81.88.050, 81.88.090, 81.88.100, ((81.88.130,)) 48.48.160, and this section to be developed and implemented consistent with federal law. ((Except as provided in subsection (6) of this section,)) The commission shall administer and enforce all laws related to hazardous liquid pipeline safety.

             (2) The commission shall adopt rules for pipeline safety standards for hazardous liquid pipeline transportation that:

             (a) Require pipeline companies to design, construct, operate, and maintain their pipeline facilities so they are safe and efficient;

             (b) Require pipeline companies to rapidly locate and isolate all reportable releases from pipelines, that may include:

             (i) Installation of remote control shut-off valves; and

             (ii) Installation of remotely monitored pressure gauges and meters;

             (c) Require the training and certification of personnel who operate pipelines and the associated systems;

             (d) Require reporting of emergency situations, including emergency shutdowns and material defects or physical damage that impair the serviceability of a pipeline; and

             (e) Require pipeline companies to submit operations safety plans to the commission once every five years, as well as any amendments to the plan made necessary by changes to the pipeline system or its operation. The safety plan shall include emergency response procedures.

             (3) The commission shall approve operations safety plans if they have been deemed fit for service. A plan shall be deemed fit for service when it provides for pipelines that are designed, developed, constructed, operated, and periodically modified to provide for protection of public safety and the environment. Pipeline operations safety plans shall, at a minimum, include:

             (a) A schedule of inspection and testing within the pipeline distribution system of:

             (i) All mechanical components;

             (ii) All electronic components; and

             (iii) The structural integrity of all pipelines as determined through pressure testing, internal inspection tool surveys, or another appropriate technique;

             (b) Failsafe systems;

             (c) Safety management systems; and

             (d) Emergency management training for pipeline operators.

             (4) The commission shall coordinate information related to pipeline safety by providing technical assistance to local planning and siting authorities.

             (5) The commission shall evaluate, and consider adopting, proposals developed by the federal office of pipeline safety, the national transportation safety board, and other agencies and organizations related to methods and technologies for testing the integrity of pipeline structure, leak detection, and other elements of pipeline operation.

             (((6) The authorities of RCW 81.88.010, 81.88.040, 81.88.050, 81.88.090, 81.88.100, 81.88.130, 48.48.160, and this section relating to hazardous liquid pipeline safety shall be transferred from the commission to the department pursuant to RCW 81.88.130 upon the occurrence of either:

             (a) Amendments to federal pipeline safety laws to eliminate preemption of state authority to regulate safety requirements for such pipelines; or

             (b) The granting of federal authority to the state to enforce or adopt any safety requirements for interstate hazardous liquid pipelines.))

 

             Sec. 9. RCW 81.88.090 and 2000 c 191 s 9 are each amended to read as follows:

             (1) The commission ((and the department)) shall apply for federal delegation for the state's program for the purposes of enforcement of federal hazardous liquid pipeline safety requirements. If the secretary of transportation delegates inspection authority to the state as provided in this subsection, the ((department)) commission, at a minimum, shall do the following:

             (a) Inspect hazardous liquid pipelines periodically as specified in the inspection program;

             (b) Collect fees;

             (c) Order and oversee the testing of hazardous liquid pipelines as authorized by federal law and regulation; and

             (d) File reports with the United States secretary of transportation as required to maintain the delegated authority.

             (2) The commission ((and the department)) shall also seek federal authority to adopt safety standards related to the monitoring and testing of interstate hazardous liquid pipelines.

             (3) Upon delegation under subsection (1) of this section or under a grant of authority under subsection (2) of this section, to the extent authorized by federal law, the ((department)) commission shall adopt rules for interstate pipelines that are no less stringent than the state's laws and rules for intrastate hazardous liquid pipelines.

 

             Sec. 10. RCW 81.88.140 and 2000 c 191 s 14 are each amended to read as follows:

             (1) The citizens committee on pipeline safety is established to advise the state agencies and other appropriate federal and local government agencies and officials on matters relating to hazardous liquid and gas pipeline safety, routing, construction, operation, and maintenance. The committee shall serve as an advisory committee for the commission on matters relating to the commission's pipeline safety programs and activities. The commission shall consult with and provide periodic reports to the committee on matters related to the commission's pipeline safety programs and activities, including but not limited to the development and regular review of funding elements for pipeline safety programs and activities.

             (2) The committee shall have thirteen total members who shall be appointed by the governor to staggered three-year terms and shall consist of: (a) Nine members representing local government, including elected officials and the public; and (b) four nonvoting members, representing owners and operators of hazardous liquid and gas pipelines. All members of the committee, voting and nonvoting, may participate fully in the committee's meetings, activities, and deliberations and shall timely receive all notices and information related to committee business and decisions.

             (3) The committee shall review and comment on proposed rules and the operation of the state pipeline safety programs.

             (((2))) (4) The committee may create one or more technical advisory committees comprised of gas and hazardous liquid pipeline owners or operators, agency representatives, natural resource and environmental interests, or other interested parties.

             (((3))) (5) The committee established in ((subsection (1) of)) this section constitutes a class one group under RCW 43.03.220. Expenses for this group, as well as staff support, shall be provided by the utilities and transportation commission ((and, if additional pipeline authority is transferred to it, the department of ecology)).

 

             NEW SECTION. Sec. 11. RCW 81.88.130 (Transfer of powers, duties, and functions of commission to department--Delegation of federal authority--Determination by office of financial management) and 2000 c 191 s 13 are each repealed.

 

             NEW SECTION. Sec. 12. 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 July 1, 2001."

 

             Correct the title.

 

Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Quall; Roach; Schoesler and Sump.

 

             Voting yea: Representatives G. Chandler, Linville, Cooper, Mielke, B. Chandler, Delvin, Dunshee, Grant, Hunt, Quall, Roach, Schoesler and Sump.

             Excused: Representative Kirby.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

SSB 5187          Prime Sponsor, Senate Committee on Judiciary: Updating creditor/debtor personal property exemptions. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.

 

             Beginning on page 3, line 37, strike everything through "agency." on page 4, line 3

 

Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Dickerson; Esser; Lovick and McDermott.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Lambert, Boldt, Casada, Dickerson, Esser, Lovick and McDermott.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5190          Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Providing photo identification for private investigators. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 18.165.080 and 1995 c 277 s 26 are each amended to read as follows:

             (1) The director shall issue a private investigator license card to each licensed private investigator and an armed private investigator license card to each armed private investigator. License cards must include picture identification.

             (a) The license card may not be used as security clearance.

             (b) A private investigator shall carry the license card whenever he or she is performing the duties of a private investigator and shall exhibit the card upon request.

             (c) An armed private investigator shall carry the license card whenever he or she is performing the duties of an armed private investigator and shall exhibit the card upon request.

             (2) The director shall issue a license certificate to each licensed private investigator agency.

             (a) Within seventy-two hours after receipt of the license certificate, the licensee shall post and display the certificate in a conspicuous place in the principal office of the licensee within the state.

             (b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate upon premises other than those described in the license certificate or to materially alter a license certificate.

             (c) Every advertisement by a licensee that solicits or advertises business shall contain the name of the licensee, the address of record, and the license number as they appear in the records of the director.

             (d) The licensee shall notify the director within thirty days of any change in the licensee's officers or directors or any material change in the information furnished or required to be furnished to the director.

 

             NEW SECTION. Sec. 2. This act takes effect July 1, 2003."

 

             Correct the title.

 

Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.

 

             Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk and McMorris.

 

             Referred to Committee on Appropriations.

 

March 28, 2001

SB 5197            Prime Sponsor, Senator Winsley: Revising private activity bond provisions. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass as amended.

 

             On page 1, line 15, after "and in" strike "2003" and insert "2002"

 

Signed by Representatives Alexander, Republican Co-Chair; Murray, Democratic Co-Chair; Armstrong, Republican Vice Chair; Esser, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Bush; Casada; Hankins; Hunt; Lantz; O'Brien; Ogden; Poulsen; Reardon; Schoesler; Veloria and Woods.

 

             Voting yea: Representatives Alexander, Armstrong, Bush, Casada, Esser, Hankins, Hunt, Lantz, Murray, O'Brien, Veloria, and Woods.

             Excused: Representatives Barlean, McIntire, Ogden, Poulsen, Reardon, and Schoesler.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5205          Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Requiring self-insurers and the department to provide information for independent medical examinations. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.

 

             Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk and McMorris.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SB 5206            Prime Sponsor, Senator Gardner: Modifying geologist licensing provisions. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.

 

             Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SSB 5211          Prime Sponsor, Senate Committee on Health & Long-Term Care: Requiring comparable mental health benefits. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Skinner, Republican Vice Chair; Alexander; Ballasiotes; Conway; Darneille; Edmonds; Edwards; Marine and Ruderman.

 

MINORITY recommendation: Do not pass. Signed by Representatives McMorris and Pennington.

 

             Voting yea: Representatives Cody, Campbell, Schual-Berke, Skinner, Alexander, Ballasiotes, Conway, Darneille, Marine and Ruderman.

             Voting nay: Representatives McMorris and Pennington.

             Excused: Representatives Edmonds and Edwards.

 

             Referred to Committee on Appropriations.

 

March 27, 2001

SB 5223            Prime Sponsor, Senator Gardner: Funding safety audits of rail fixed guideway systems. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Reardon; Rockefeller; Romero; Schindler; Simpson; Skinner; Sump and Woods.

 

             Voting yea: Representatives Ahern, Anderson, Armstrong, G. Chandler, Edmonds, Ericksen, Fisher, Hankins, Hatfield, Jarrett, Lovick, Marine, Mielke, Mitchell, Morell, Murray, Ogden, Reardon, Rockefeller, Romero, Schindler, Simpson, Skinner, Sump, and Woods.

             Excused: Representatives Cooper, Haigh, Hurst, Jackley, and Wood.

 

             Passed to Committee on Rules for second reading.

 

March 27, 2001

SSB 5224          Prime Sponsor, Senate Committee on Transportation: Redeveloping King Street railroad station. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; G. Chandler; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Morell; Murray; Ogden; Reardon; Rockefeller; Simpson; Skinner; Sump and Woods.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Ahern; Anderson; Mielke and Schindler.

 

             Voting yea: Representatives Ahern, Armstrong, G. Chandler, Edmonds, Ericksen, Fisher, Hankins, Hatfield, Jarrett, Lovick, Marine, Mitchell, Morell, Murray, Ogden, Reardon, Rockefeller, Romero, Simpson, Skinner, Sump, and Woods.

             Voting nay: Representatives Anderson, Mielke, and Schindler.

             Excused: Representatives Cooper, Haigh, Hurst, Jackley, and Wood.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESSB 5238       Prime Sponsor, Senate Committee on Human Services & Corrections: Modifying the board of commissioners of a water-sewer district. Reported by Committee on Local Government & Housing

 

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Democratic Co-Chair; Mulliken, Republican Co-Chair; Edwards, Democratic Vice Chair; Mielke, Republican Vice Chair; Berkey; Crouse; DeBolt; Dunn; Edmonds; Hatfield; Jarrett and Kirby.

 

             Voting yea: Representatives Dunshee, Mulliken, Edwards, Mielke, Berkey, Crouse, DeBolt, Dunn, Edmonds, Harfield and Jarrett.

             Excused: Representative Kirby.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SSB 5255          Prime Sponsor, Senate Committee on Judiciary: Exempting certain information on criminal acts from public disclosure. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert; McDermott and Schmidt.

 

             Voting yea: Representatives McMorris, Romero, Miloscia, Schindler, Haigh, Lambert, McDermott and Schmidt.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5256            Prime Sponsor, Senator Kastama: Enacting the emergency management assistance compact. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.

 

             On page 7, line 34, after "authorization" insert "be"

 

Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert; McDermott and Schmidt.

 

             Voting yea: Representatives McMorris, Romero, Miloscia, Schindler, Haigh, Lambert, McDermott and Schmidt.

 

             Referred to Committee on Appropriations.

 

March 30, 2001

SSB 5263          Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Changing provisions relating to employment rights of members of reserve and national guard forces. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. A new section is added to chapter 73.16 RCW to read as follows:

             (1) It is the intent of the legislature to guarantee employment rights of members of the reserve and national guard forces who are called to active duty. The federal uniformed services employment and reemployment rights act of 1994 protects all such federal personnel. The legislature intends that similar provisions should apply to all such state personnel. Therefore, the legislature intends for this act to ensure protections for state-activated personnel similar to those provided by federal law for federal-activated personnel.

             (2) The purposes of this chapter are to:

             (a) Encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment that can result from such service;

             (b) Minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities by providing for the prompt reemployment of such persons upon their completion of such service; and

             (c) Prohibit discrimination against persons because of their service in the uniformed services.

             (3) Therefore, the legislature intends that the governmental agencies of the state of Washington, and all the political subdivisions thereof, should be model employers in carrying out the provisions of this chapter.

 

             Sec. 2. RCW 73.16.015 and 1951 c 29 s 2 are each amended to read as follows:

             Any veteran entitled to the benefits of RCW 73.16.010 may enforce his or her rights hereunder by civil action in ((the)) superior court((s)).

 

             Sec. 3. RCW 73.16.031 and 1953 c 212 s 1 are each amended to read as follows:

             ((As used in RCW 73.16.031 through 73.16.061, the term:

             "Resident" means any person residing in the state.)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Attorney general" means the attorney general of the state of Washington or any person designated by the attorney general to carry out a responsibility of the attorney general under this chapter.

             (2) "Benefit," "benefit of employment," or "rights and benefits" means any advantage, profit, privilege, gain, status, account, or interest (other than wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.

             (3) "Employee" means a person in a position of employment.

             (4) "Employer" means the person, firm, or corporation, the state, or any elected or appointed public official currently having control over the position that has been vacated.

             (5) "Health plan" means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or other arrangement under which health services for individuals are provided or the expenses of such services are paid.

             (6) "Notice" means any written or verbal notification of an obligation or intention to perform service in the uniformed services provided to an employer by the employee who will perform such service or by the uniformed service in which such service is to be performed.

             (7) "Position of employment" means any position (other than temporary) wherein a person is engaged for a private employer, company, corporation, or the state((, municipality, or political subdivision thereof)).

             (8) "Qualified," with respect to an employment position, means having the ability to perform the essential tasks of the position.

             (9) "Rejectee" means a person rejected because he or she is not, physically or otherwise, qualified to enter the uniformed service.

             (10) "Resident" means any person residing in the state with the intent to remain other than on a temporary or transient basis.

             (11) "Seniority" means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment.

             (12) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty (including state-ordered active duty), and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

             (13) "State" means the state of Washington, including the agencies and political subdivisions thereof.

             (14) "Temporary position" means a position of short duration which, after being vacated, ceases to exist and wherein the employee has been advised as to its temporary nature prior to his or her engagement.

             (("Employer" means the person, firm, corporation, state and any political subdivision thereof, or public official currently having control over the position which has been vacated.

             "Rejectee" means a person rejected because he is not, physically or otherwise, qualified to enter the service.))

             (15) "Undue hardship," in the case of actions taken by an employer, means actions requiring significant difficulty or expense when considered in light of:

             (a) The nature and cost of the action needed under this chapter;

             (b) The overall financial resources of the facility or facilities involved in the provision of the action; the number of persons employed at such facility; the effect on expenses and resources; or the impact otherwise of such action upon the operation of the facility; and

             (c) The type of operation or operations of the employer, including the composition, structure, and functions of the work force of such employer, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.

             (16) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the president of the United States in time of war or national emergency.

 

             NEW SECTION. Sec. 4. A new section is added to chapter 73.16 RCW to read as follows:

             (1) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

             (2) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (a) has taken an action to enforce a protection afforded any person under this chapter, (b) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (c) has assisted or otherwise participated in an investigation under this chapter, or (d) has exercised a right provided for in this chapter. The prohibition in this subsection (2) applies with respect to a person regardless of whether that person has performed service in the uniformed services.

             (3) An employer shall be considered to have engaged in actions prohibited:

             (a) Under subsection (1) of this section, if the person's membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or

             (b) Under subsection (2) of this section if the person's (i) action to enforce a protection afforded any person under this chapter, (ii) testimony or making of a statement in or in connection with any proceeding under this chapter, (iii) assistance or other participation in an investigation under this chapter, or (iv) exercise of a right provided for in this chapter, is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such person's enforcement action, testimony, statement, assistance, participation, or exercise of a right.

 

             Sec. 5. RCW 73.16.033 and 1953 c 212 s 2 are each amended to read as follows:

             Any person who is a resident of this state or is employed within this state, and who voluntarily or upon ((demand)) order from competent authority, vacates a position of employment ((to determine his physical fitness to enter, or, who actually does enter upon active duty or training in the Washington National Guard, the armed forces of the United States, or the United States public health service)) for service in the uniformed services, shall, provided he or she meets the requirements of RCW 73.16.035, be reemployed forthwith: PROVIDED, That the employer need not reemploy such person if circumstances have so changed ((as to make it impossible, unreasonable, or against the public interest for him to do so)) such that reemployment would be impossible or unreasonable due to a change in the employer's circumstances, or would impose an undue hardship on the employer: PROVIDED FURTHER, That this section shall not apply to a temporary position.

             If such person is still qualified to perform the duties of his or her former position, he or she shall be restored to that position or to a position of like seniority, status and pay. If he or she is not so qualified as a result of disability sustained during his or her service((, or during the determination of his fitness for service)) in the uniformed services, but is nevertheless qualified to perform the duties of another position, under the control of the same employer, he or she shall be reemployed in such other position: PROVIDED, That such position shall provide him or her with like seniority, status, and pay, or the nearest approximation thereto consistent with the circumstances of the case.

 

             Sec. 6. RCW 73.16.035 and 1969 c 16 s 1 are each amended to read as follows:

             (1) In order to be eligible for the benefits of ((RCW 73.16.031 through 73.16.061)) this chapter, an applicant must comply with the following requirements:

             (((1) He)) (a) The applicant must notify his or her employer as to his or her membership in the uniformed services within a reasonable time of accepting employment or becoming a member of the uniformed services. An employer may not take any action prohibited in section 4 of this act against a person because the person provided notice of membership in the uniformed services to the employer.

             (b) The applicant must furnish a receipt of an honorable, or under honorable conditions discharge, report of separation, certificate of satisfactory service, or other proof of having satisfactorily completed his or her service. Rejectees must furnish proof of orders for examination and rejection.

             (((2) He)) (c) The applicant must make written application to the employer or his or her representative ((within ninety days of the date of his separation or release from training and service. Rejectees must apply within thirty days from date of rejection)) as follows:

             (i) In the case of an applicant whose period of service in the uniformed services was less than thirty-one days by reporting to the employer:

             (A) Not later than the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and the expiration of eight hours after a period allowing for the safe transportation of the applicant from the place of that service to the applicant's residence; or

             (B) As soon as possible after the expiration of the eight-hour period in (c)(i)(A) of this subsection, if reporting within that period is impossible or unreasonable through no fault of the applicant;

             (ii) In the case of an applicant who is absent from a position of employment for a period of any length for the purposes of an examination to determine the applicant's fitness to perform service in the uniformed services by reporting in the manner and time referred to in (c)(i) of this subsection;

             (iii) In the case of an applicant whose period of service in the uniformed services was for more than thirty days but less than one hundred eighty-one days by submitting an application for reemployment with the employer not later than fourteen days after the completion of the period of service or if submitting such application within such period is impossible or unreasonable through no fault of the applicant, the next first full calendar day when submission of such application becomes possible;

             (iv) In the case of an applicant whose period of service in the uniformed services was for more than one hundred eighty days by submitting an application for reemployment with the employer not later than ninety days after the completion of the period of service;

             (v) In the case of an applicant who is hospitalized for, or convalescing from, an illness or injury incurred or aggravated during the performance of service in the uniformed services, at the end of the period that is necessary for the applicant to recover from such illness or injury, the applicant shall submit an application for reemployment with such employer. The period of recovery may not exceed two years. This two-year period shall be extended by the minimum time required to accommodate the circumstances beyond the applicant's control that make reporting within the two-year period impossible or unreasonable;

             (vi) In the case of an applicant who fails to report or apply for employment or reemployment within the appropriate period specified in this subsection (1)(c), the applicant does not automatically forfeit his or her entitlement to the rights and benefits conferred by this chapter, but is subject to the conduct rules, established policy, and general practices of the employer pertaining to explanations and discipline with respect to absence from scheduled work.

             (d) An applicant who submits an application for reemployment shall provide to the applicant's employer, upon the request of that employer, documentation to establish that:

             (i) The application is timely;

             (ii) The applicant has not exceeded the service limitations set forth in this section, except as permitted under (c)(v) of this subsection; and

             (iii) The applicant's entitlement to the benefits under this chapter has not been terminated pursuant to (e) of this subsection.

             (((3) If, due to the necessity of hospitalization, while on active duty, he is released or placed on inactive duty and remains hospitalized, he is eligible for the benefits of RCW 73.16.031 through 73.16.061: PROVIDED, That such hospitalization does not continue for more than one year from date of such release or inactive status: PROVIDED FURTHER, That he applies for his former position within ninety days after discharge from such hospitalization.

             (4) He)) (e) The applicant must return and reenter the office or position within ((three months)) the appropriate period specified in (c) of this subsection after serving four years or less in the uniformed services other than state-ordered active duty: PROVIDED, That any period of additional service imposed by law, from which one is unable to obtain orders relieving him or her from active duty, will not affect ((his)) reemployment rights.

             (f) The applicant must return and reenter the office or position within the appropriate period specified in (c) of this subsection after serving twelve weeks or less in a calendar year in state-ordered active duty: PROVIDED, That the governor, when declaring an emergency that necessitates a longer period of service, may extend the period of service in state-ordered active duty to up to twelve months after which the applicant is eligible for the benefits of this chapter.

             (2) The failure of an applicant to provide documentation that satisfies rules adopted pursuant to subsection (1)(c) of this section shall not be a basis for denying reemployment in accordance with the provisions of this chapter if the failure occurs because such documentation does not exist or is not readily available at the time of the request of the employer. If, after such reemployment, documentation becomes available that establishes that the applicant does not meet one or more of the requirements referred to in subsection (1)(d) of this section, that applicant's employer may terminate the employment of the person and the provision of any rights or benefits afforded the person under this chapter.

             (3) An employer may not delay or attempt to defeat a reemployment obligation by demanding documentation that does not then exist or is not then readily available.

             (4) The application in subsection (1) of this section is not required if the giving of such application is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes of this subsection shall be made by the adjutant general of the state of Washington military department and is not subject to judicial review.

             (5) In any proceeding involving an issue of whether (a) reemployment is impossible or unreasonable because of a change in an employer's circumstances, (b) reemployment would impose an undue hardship on the employer, or (c) the employment is for a temporary position, the employer has the burden of proving the impossibility or unreasonableness, undue hardship, or the brief or nonrecurrent nature of the employment without a reasonable expectation of continuing indefinitely or for a significant period.

 

             Sec. 7. RCW 73.16.051 and 1953 c 212 s 5 are each amended to read as follows:

             Any person who is entitled to be restored to a position in accordance with ((the provisions of RCW 73.16.031, 73.16.033, 73.16.035, and 73.16.041)) this chapter shall be considered as having been on furlough or leave of absence, from his or her position of employment, during his or her period of active military duty or service, and he or she shall be so restored without loss of seniority. He or she shall further be entitled to participate in insurance, vacations, retirement pay, and other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was ordered into the service; and he or she shall not be discharged from such position without cause within one year after restoration((: PROVIDED, That no employer shall be required to make any payment to keep insurance or retirement rights current during such period of military service)).

 

             NEW SECTION. Sec. 8. A new section is added to chapter 73.16 RCW to read as follows:

             (1) If a person, or the person's dependents, have coverage under a health plan in connection with the person's position of state employment, and the person is absent from his or her position of state employment by reason of service in the uniformed services, the plan shall provide that the person may elect to continue the coverage as provided in this section. The maximum period of coverage of a person and person's dependents under such an election shall be the lesser of:

             (a) The eighteen-month period beginning on the date on which the person's absence begins; or

             (b) The day after the date on which the person fails to apply for or return to a position of state employment, as determined under RCW 73.16.035.

             (2) A person who elects to continue health plan coverage under this section may be required to pay not more than one hundred two percent of the full premium under the plan associated with the coverage for the state employer's other employees, except that in the case of a person who performs service in the uniformed services for less than thirty-one days, the person may not be required to pay more than the employee share, if any, for the coverage.

             (3) Except as provided in subsection (2) of this section, if a person's coverage under a health plan was terminated because of service in the uniformed services, an exclusion or waiting period may not be imposed in connection with the reinstatement of the coverage upon reemployment under this chapter if an exclusion or waiting period would not have been imposed under a health plan had coverage of the person by the plan not been terminated as a result of his or her service. This subsection applies to the person who is reemployed and to any dependent who is covered by the plan because of the reinstatement of the coverage of the person.

 

             NEW SECTION. Sec. 9. A new section is added to chapter 73.16 RCW to read as follows:

             (1)(a) In the case of a right provided under any state law governing pension benefits for state employees, the right to pension benefits of a person reemployed under this chapter shall be determined under this section.

             (b) A person reemployed under this chapter shall be treated as not having incurred a break in service with the state because of the person's period of service in the uniformed services.

             (c) Each period served by a person in the uniformed services shall, upon reemployment under this chapter, be deemed to constitute service with the state for the purpose of determining the nonforfeitability of the person's accrued benefits and for the purpose of determining the accrual of benefits under the plan.

             (2) When the state is reemploying a person under this chapter, the state is liable to an employee pension benefit plan for funding any obligation of the plan to provide the pension benefits described in this section and shall allocate the amounts of any employer contribution for the person in the same manner and to the same extent the allocation occurs for other employees during the period of service. For purposes of determining the amount of such liability and any obligation of the plan, earnings and forfeitures shall not be included. For purposes of determining the amount of such liability and purposes of a state law governing pension benefits for state employees, service in the uniformed services that is deemed under subsection (1) of this section to be service with the state shall be deemed to be service with the state under the terms of the plan or any applicable collective bargaining agreement.

             (3) A person reemployed by the state under this chapter is entitled to accrued benefits pursuant to subsection (1)(a) of this section that are contingent on the making of, or derived from, employee contributions or elective deferrals (as defined in section 402(g)(3) of the internal revenue code of 1986) only to the extent the person makes payment to the plan with respect to such contributions or deferrals. No such payment may exceed the amount the person would have been permitted or required to contribute had the person remained continuously employed by the state throughout the period of uniformed service. Any payment to the plan described in this subsection shall be made during the period beginning with the date of reemployment and whose duration is three times the period of the person's services, such payment period in the uniformed services, not to exceed five years.

             (4) For purposes of computing an employer's liability of the employee's contributions under subsection (2) of this section, the employee's compensation during the period of service shall be computed:

             (a) At the rate the employee would have received but for the period of service in subsection (1)(b) of this section; or

             (b) In the case that the determination of such rate is not reasonably certain, on the basis of the employee's average rate of compensation during the twelve-month period immediately preceding such period or if shorter, the period of employment immediately preceding such period.

 

             Sec. 10. RCW 73.16.061 and 1953 c 212 s 6 are each amended to read as follows:

             (1) In case any employer, his or her successor or successors fails or refuses to comply with the provisions of RCW 73.16.031 through 73.16.061 and sections 4, 8, 9, and 13 of this act, the ((prosecuting attorney of the county in which the employer is located)) attorney general shall bring action in the superior court in the county in which the employer is located or does business to obtain an order to specifically require such employer to comply with the provisions ((hereof)) of this chapter, and, as an incident thereto, to compensate such person for any loss of wages or benefits suffered by reason of such employer's unlawful act if:

             (a) The service in question was state duty not covered by the uniformed services employment and reemployment rights act of 1994, P.L. 103-353 (38 U.S.C. Sec. 4301 et seq.); and

             (b) The employer support for guard and reserve ombudsman, or his or her designee, has inquired in the matter and has been unable to resolve it.

             (2) If the conditions in subsection (1)(a) and (b) of this section are met, any such person who does not desire the services of the ((prosecuting)) attorney general may by private counsel, bring such action.

 

             Sec. 11. RCW 73.16.070 and 1941 c 201 s 5 are each amended to read as follows:

             The federal soldiers' and sailors' civil relief act of 1940, Public Act No. 861((, 76th congress)), is hereby specifically declared to apply in proper cases in all the courts of this state.

 

             NEW SECTION. Sec. 12. A new section is added to chapter 73.16 RCW to read as follows:

             An offset of any military pay for temporary service in the uniformed services in a particular week against the salary of a bona fide executive, administrative, or professional employee in a particular week shall not be a factor in determining whether the employee is exempt under RCW 49.46.010(5)(c).

 

             NEW SECTION. Sec. 13. A new section is added to chapter 73.16 RCW to read as follows:

             This chapter shall not supersede, nullify, or diminish any federal or state law, ordinance, rule, regulation, contract, agreement, policy, plan, practice, or other matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter.

 

             NEW SECTION. Sec. 14. A new section is added to chapter 73.16 RCW to read as follows:

             The legislature declares that the public policies articulated in chapter ..., Laws of 2001 (this act) depend on the procedures established in chapter ..., Laws of 2001 (this act). No civil or criminal action may be maintained relying on the public policies articulated in chapter ..., Laws of 2001 (this act) without complying with the procedures in this chapter. To that end, all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this chapter.

 

             NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

 

             Correct the title.

 

Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.

 

             Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk and McMorris.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5273            Prime Sponsor, Senator Gardner: Revising election filing dates. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert; McDermott and Schmidt.

 

             Voting yea: Representatives Haigh, Lambert, McDermott, McMorris, Miloscia, Romero, Schindler and Schmidt.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SSB 5274          Prime Sponsor, Senate Committee on Transportation: Revising the appointment of vehicle licensing subagents. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 46.01.140 and 1996 c 315 s 1 are each amended to read as follows:

             (1) The county auditor, if appointed by the director of licensing shall carry out the provisions of this title relating to the licensing of vehicles and the issuance of vehicle license number plates under the direction and supervision of the director and may with the approval of the director appoint assistants as special deputies and recommend subagents to accept applications and collect fees for vehicle licenses and transfers and to deliver vehicle license number plates.

             (2) A county auditor appointed by the director may request that the director appoint subagencies within the county.

             (a) Upon authorization of the director, the auditor shall ((advertise a request for proposals and use the process for soliciting vendors under RCW 39.04.190(2), except that the provision requiring the contract to be awarded to the lowest responsible bidder shall not apply)) use an open competitive process including, but not limited to, a written business proposal and oral interview to determine the qualifications of all interested applicants.

             (b) A subagent may recommend a successor who is either the subagent's sibling, spouse, or child, or a subagency employee, as long as the recommended successor participates in the open, competitive process used to select an applicant. In making successor recommendation and appointment determinations, the following provisions apply:

             (i) If a subagency is held by a partnership or corporate entity, the nomination must be submitted on behalf of, and agreed to by, all partners or corporate officers.

             (ii) No subagent may receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not receive any financial benefit from the transfer or termination of an appointment.

             (iii) (a) and (b) of this subsection are intended to assist in the efficient transfer of appointments in order to minimize public inconvenience. They do not create a proprietary or property interest in the appointment.

             (c) The auditor shall submit all proposals to the director, and shall recommend the appointment of one or more subagents who have applied through the ((request for proposal)) open competitive process. The auditor shall include in his or her recommendation to the director, not only the name of the successor who is a relative or employee, if applicable and if otherwise qualified, but also the name of one other applicant who is qualified and was chosen through the open competitive process. The director has final appointment authority.

             (3)(a) A county auditor who is appointed as an agent by the department shall enter into a standard contract provided by the director, developed with the advice of the title and registration advisory committee.

             (b) A subagent appointed under subsection (2) of this section shall enter into a standard contract with the county auditor, developed with the advice of the title and registration advisory committee. The director shall provide the standard contract to county auditors.

             (c) The contracts provided for in (a) and (b) of this subsection must contain at a minimum provisions that:

             (i) Describe the responsibilities, and where applicable, the liability, of each party relating to the service expectations and levels, equipment to be supplied by the department, and equipment maintenance;

             (ii) Require the specific type of insurance or bonds so that the state is protected against any loss of collected motor vehicle tax revenues or loss of equipment;

             (iii) Specify the amount of training that will be provided by the state, the county auditor, or subagents;

             (iv) Describe allowable costs that may be charged to vehicle licensing activities as provided for in (d) of this subsection;

             (v) Describe the causes and procedures for termination of the contract, which may include mediation and binding arbitration.

             (d) The department shall develop procedures that will standardize and prescribe allowable costs that may be assigned to vehicle licensing and vessel registration and title activities performed by county auditors.

             (e) The contracts may include any provision that the director deems necessary to ensure acceptable service and the full collection of vehicle and vessel tax revenues.

             (f) The director may waive any provisions of the contract deemed necessary in order to ensure that readily accessible service is provided to the citizens of the state.

             (4)(a) At any time any application is made to the director, the county auditor, or other agent pursuant to any law dealing with licenses, registration, or the right to operate any vehicle or vessel upon the public highways or waters of this state, excluding applicants already paying such fee under RCW 46.16.070 or 46.16.085, the applicant shall pay to the director, county auditor, or other agent a fee of three dollars for each application in addition to any other fees required by law.

             (b) Counties that do not cover the expenses of vehicle licensing and vessel registration and title activities may submit to the department a request for cost-coverage moneys. The request must be submitted on a form developed by the department. The department shall develop procedures to verify whether a request is reasonable. Payment shall be made on requests found to be allowable from the licensing services account.

             (c) Applicants for certificates of ownership, including applicants paying fees under RCW 46.16.070 or 46.16.085, shall pay to the director, county auditor, or other agent a fee of four dollars in addition to any other fees required by law.

             (d) The fees under (a) and (c) of this subsection, if paid to the county auditor as agent of the director, or if paid to a subagent of the county auditor, shall be paid to the county treasurer in the same manner as other fees collected by the county auditor and credited to the county current expense fund. If the fee is paid to another agent of the director, the fee shall be used by the agent to defray his or her expenses in handling the application.

             (e) Applicants required to pay the three-dollar fee established under (a) of this subsection, must pay an additional fifty cents, which must be collected and remitted to the state treasurer for deposit into the department of licensing services account of the motor vehicle fund. Revenue deposited into this account must be used for agent and subagent support, which is to include but not be limited to the replacement of department-owned equipment in the possession of agents and subagents.

             (5) A subagent shall collect a service fee of (a) ((seven)) eight dollars and fifty cents for changes in a certificate of ownership, with or without registration renewal, or verification of record and preparation of an affidavit of lost title other than at the time of the title application or transfer and (b) three dollars and fifty cents for registration renewal only, issuing a transit permit, or any other service under this section.

             (6) If the fee is collected by the state patrol as agent for the director, the fee so collected shall be certified to the state treasurer and deposited to the credit of the state patrol highway account. If the fee is collected by the department of transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the motor vehicle fund. All such fees collected by the director or branches of his office shall be certified to the state treasurer and deposited to the credit of the highway safety fund.

             (7) Any county revenues that exceed the cost of providing vehicle licensing and vessel registration and title activities in a county, calculated in accordance with the procedures in subsection (3)(d) of this section, shall be expended as determined by the county legislative authority during the process established by law for adoption of county budgets.

             (8) The director may adopt rules to implement this section."

 

Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Rockefeller; Schindler; Simpson; Skinner; Sump; Wood and Woods.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Ericksen, Republican Vice Chair; Romero.

 

             Voting yea: Representatives Fisher, Mitchell, Cooper, Lovick, Hankins, Ahern, Anderson, Armstrong, Edmonds, Haigh, Hatfield, Jackley, Jarrett, Marine, Mielke, Morell, Murray, Ogden, Rockefeller, Schindler, Simpson, Skinner, Sump, Wood and Woods.

             Voting nay: Representatives Ericksen and Romero.

             Excused: Representatives G. Chandler, Hurst and Reardon.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5275            Prime Sponsor, Senator Gardner: Clarifying procedures for absentee voting and mail ballots. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.

 

             On page 3, line 31, strike "of" and insert "before"

 

             On page 4, beginning on line 33, strike "the secretary of state shall adopt rules prescribing the circumstances under which"

 

             On page 10, beginning on line 4, strike all of subsection (4)

 

             On page 11, beginning on line 1, strike all of section 14

 

             Renumber the following sections consecutively, correct references accordingly, and correct the title.

 

Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert; McDermott and Schmidt.

 

             Voting yea: Representatives Haigh, Lambert, McDermott, McMorris, Miloscia, Romero, Schindler and Schmidt.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESB 5289         Prime Sponsor, Senator T. Sheldon: Expanding the definition of "public facilities" for purposes of the use of certain revenues in rural counties. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 82.14.370 and 1999 c 311 s 101 are each amended to read as follows:

             (1) The legislative authority of a rural county may impose a sales and use tax in accordance with the terms of this chapter. The tax is in addition to other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of tax shall not exceed 0.08 percent of the selling price in the case of a sales tax or value of the article used in the case of a use tax((, except that for rural counties with population densities between sixty and one hundred persons per square mile, the rate shall not exceed 0.04 percent before January 1, 2000)). No tax may be collected under this section by a county more than twenty-five years after the date that a tax is first imposed under this section.

             (2) The tax imposed under subsection (1) of this section shall be deducted from the amount of tax otherwise required to be collected or paid over to the department of revenue under chapter 82.08 or 82.12 RCW. The department of revenue shall perform the collection of such taxes on behalf of the county at no cost to the county.

             (3) Moneys collected under this section shall only be used for the purpose of private sector job creation or retention by financing the acquisition, construction, rehabilitation, alteration, expansion, or improvements and related costs of public facilities in rural counties. The public facility must be listed as an item in the officially adopted county overall economic development plan, or the economic development section of the county's comprehensive plan, or the comprehensive plan of a city or town located within the county for those counties planning under RCW 36.70A.040. For those counties that do not have an adopted overall economic development plan and do not plan under the growth management act, the public facility must be listed in the county's capital facilities plan or the capital facilities plan of a city or town located within the county. In implementing this section, the county shall consult with cities, towns, and port districts located within the county. ((For the purposes of))

             (4) The definitions in this subsection apply throughout this section((,)).

             (a) "Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities in the state of Washington. "Public facilities" do not include electric generation or distribution facilities.

             (((4) No tax may be collected under this section before July 1, 1998. No tax may be collected under this section by a county more than twenty-five years after the date that a tax is first imposed under this section.

             (5) For purposes of this section,))

             (b) "Related costs" may include development of land and improvements for public facilities, project-specific environmental, capital facilities, land use, permitting, feasibility and marketing studies and plans, project design, site planning and analysis, and project debt and revenue impact analysis.

             (c) "Rural county" means a county with a population density of less than one hundred persons per square mile as determined by the office of financial management and published each year by the department for the period July 1st to June 30th."

 

             Correct the title.

 

Signed by Representatives Van Luven, Republican Co-Chair; Veloria, Democratic Co-Chair; Dunn, Republican Vice Chair; Eickmeyer, Democratic Vice Chair; Fromhold, Democratic Vice Chair; Ahern; Jackley; Mulliken; O'Brien; Pflug and Woods.

 

             Voting yea: Representatives Ahern, Dunn, Eickmeyer, Fromhold, Jackley, Mulliken, O'Brien, Pflug, Van Luven, Veloria, and Woods.

             Excused: Representative Gombosky.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5296            Prime Sponsor, Senator Thibaudeau: Limiting minors' access to tobacco. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.

 

             On page 2, line 3, after "units." insert "For the purpose of this act, behind the counter shall also include non-self service displays or shelves located above or below the sales counter where only the store clerk has access to the tobacco products for sale."

 

             On page 2, beginning on line 5, strike "exclusively." and insert "predominantly. For the purpose of this act, predominantly shall mean fifty percent or more of their retail sales."

 

Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Skinner, Republican Vice Chair; Alexander; Ballasiotes; Conway; Darneille; Edmonds; Edwards; Marine; McMorris; Pennington and Ruderman.

 

             Voting yea: Representatives Alexander, Ballasiotes, Campbell, Cody, Conway, Darneille, Marine, McMorris, Pennington, Ruderman, Schual-Berke, and Skinner.

             Excused: Representatives Edmonds, and Edwards.

 

             Passed to Committee on Commerce & Labor.

 

March 29, 2001

SB 5305            Prime Sponsor, Senator Constantine: Correcting outdated references and double amendments. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Dickerson; Esser; Lovick and McDermott.

 

             Voting yea: Representatives Boldt, Carrell, Casada, Dickerson, Esser, Hurst, Lambert, Lantz, Lovick, and McDermott.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SSB 5309          Prime Sponsor, Senate Committee on Ways & Means: Providing funding for local government criminal justice. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 3.62.090 and 1997 c 331 s 4 are each amended to read as follows:

             (1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court.

             (2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under RCW 46.61.5055, and in addition to the public safety and education assessment required under subsection (1) of this section by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court.

             (3) This section does not apply to the fee imposed under RCW ((43.63.110(6))) 46.63.110(6) or the penalty imposed under RCW 46.63.110(7).

 

              Sec. 2. RCW 46.63.110 and 1997 c 331 s 3 are each amended to read as follows:

             (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

             (2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

             (3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

             (4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

             (5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.

             (6) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed a fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040.

             (7)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 shall be assessed an additional penalty of ten dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a community service program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (7) by participation in the community service program.

             (b) Revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as provided in RCW 43.08.250. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.

 

             NEW SECTION. Sec. 3. A new section is added to chapter 46.64 RCW to read as follows:

             (1) In addition to any other penalties imposed for conviction of a violation of this title that is a misdemeanor, gross misdemeanor, or felony, the court shall impose an additional penalty of fifty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a community service program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this section by participation in the community service program.

             (2) Revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this section to the state treasurer must be deposited as provided in RCW 43.08.250. The balance of the revenue received by the county or city treasurer under this section must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.

 

             Sec. 4. RCW 43.08.250 and 2000 2nd sp.s. c 1 s 911 are each amended to read as follows:

             The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, drug court operations, and state game programs. During the fiscal biennium ending June 30, 2001, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of the office of public defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, sexual assault treatment, operations of the office of administrator for the courts, security in the common schools, alternative school start-up grants, programs for disruptive students, criminal justice data collection, Washington state patrol criminal justice activities, drug court operations, department of ecology methamphetamine-related activities, financial assistance to local jurisdictions for extraordinary costs incurred in the adjudication of criminal cases, domestic violence treatment and related services, the department of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement of local governments for costs associated with implementing criminal and civil justice legislation, and the replacement of the department of corrections' offender-based tracking system."

 

             Correct the title.

 

Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Alexander; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Grant; Kagi; Keiser; Kenney; Kessler; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Benson; Boldt and Lambert.

 

             Voting yea: Representatives Sehlin, Sommers, Barlean, Doumit, Alexander, Buck, Clements, Cody, Cox, Dunshee, Fromhold, Grant, Kagi, Keiser, Kenney, Kessler, Linville, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Talcott and Tokuda.

             Voting nay: Representatives Benson, Boldt and Lambert.

             Excused: Representatives Lisk and Gombosky.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5315            Prime Sponsor, Senator Fraser: Including drinking water accounts in interest-bearing accounts. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Kirby; Quall; Roach; Schoesler and Sump.

 

             Voting yea: Representatives B. Chandler, G. Chandler, Cooper, Delvin, Dunshee, Grant, Hunt, Kirby, Linville, Mielke, Quall, Roach, Schoesler, and Sump.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

SSB 5319          Prime Sponsor, Senate Committee on State & Local Government: Changing provisions relating to the municipal research council. Reported by Committee on Local Government & Housing

 

MAJORITY recommendation: Do pass as amended.

 

             On page 2, beginning on line 26, strike all of section 2

 

             Renumber the remaining section consecutively and correct the title and any internal references accordingly.

 

Signed by Representatives Dunshee, Democratic Co-Chair; Mulliken, Republican Co-Chair; Edwards, Democratic Vice Chair; Mielke, Republican Vice Chair; Berkey; Crouse; DeBolt; Dunn; Edmonds; Hatfield; Jarrett and Kirby.

 

             Voting yea: Representatives Dunshee, Mulliken Edwards, Mielke, Berkey, Crouse, DeBolt, Dunn, Edmonds, Hatfield and Jarrett.

             Excused: Representative Kirby.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5333            Prime Sponsor, Senator Honeyford: Concerning preliminary permits for water closed to diversions due to a federal moratorium. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 90.03.290 and 1994 c 264 s 84 are each amended to read as follows:

             (1) When an application complying with the provisions of this chapter and with the rules ((and regulations)) of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied. If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation. If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public.

             (2)(a) If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent, and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit.

             (b) For any application for which a preliminary permit was issued and for which the availability of water was directly affected by a moratorium on further diversions from the Columbia river during the years from 1990 to 1998, the preliminary permit is extended through June 30, 2002. If such an application and preliminary permit were canceled during the moratorium, the application and preliminary permit shall be reinstated until June 30, 2002, if the application and permit: (i) Are for providing regional water supplies in more than one urban growth area designated under chapter 36.70A RCW and in one or more areas near such urban growth areas, or the application and permit are modified for providing such supplies, and (ii) provide or are modified to provide such regional supplies through the use of existing intake or diversion structures. The authority to modify such a canceled application and permit to accomplish the objectives of (b)(i) and (ii) of this subsection is hereby granted.

             (3) The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied: PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for.

             (4) If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit. Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application. In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application. After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470: PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance."

 

Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Quall; Roach; Schoesler and Sump.

 

             Voting yea: Representatives B. Chandler, G. Chandler, Cooper, Delvin, Dunshee, Grant, Hunt, Linville, Mielke, Quall, Roach, Schoesler, and Sump.

             Excused: Representative Kirby.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5335          Prime Sponsor, Senate Committee on Economic Development & Telecommunications: Revising the authority of the statewide enhanced 911 program to support the statewide enhanced 911 system. Reported by Committee on Technology, Telecommunications & Energy

 

MAJORITY recommendation: Do pass. Signed by Representatives Crouse, Republican Co-Chair; Poulsen, Democratic Co-Chair; Casada, Republican Vice Chair; Ruderman, Democratic Vice Chair; Anderson; Berkey; Bush; B. Chandler; Cooper; DeBolt; Esser; Hunt; Linville; Mielke; Morris; Pflug; Simpson and Wood.

 

             Voting yea: Representatives Crouse, Poulsen, Casada, Ruderman, Anderson, Berkey, Bush, B. Chandler, Cooper, DeBolt, Esser, Hunt, Linville, Mielke, Morris, Pflug, Simpson and Wood.

             Excused: Representatives Delvin and Reardon.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

ESSB 5336       Prime Sponsor, Senate Committee on Higher Education: Creating the public interest attorney loan repayment program. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.

 

             On page 3, line 14, after "Washington." insert "The board may adopt rules necessary to implement this chapter."

 

             On page 3, line 15, after "program." insert "Administrative costs incurred prior to establishment of the fund may be reimbursed."

 

             On page 3, line 35, strike "public" and insert "non-state"

 

             On page 4, line 24, after " from the" strike all words through "interest" on line 26

 

             On page 6, line 7, after "consist of" insert "non-state and"

 

             On page 6, beginning on line 11, strike entire subsection (3)

 

             Renumber the subsections consecutively and correct internal references accordingly.

 

              On page 6, line 21, after "account" insert ", except for purposes of program administration,"

 

             On page 6, line 30, after "money in the" insert "public interest attorney loan repayment endowment"

 

Signed by Representatives Cox, Republican Co-Chair; Kenney, Democratic Co-Chair; Gombosky, Democratic Vice Chair; Jarrett, Republican Vice Chair; Fromhold; Lantz and Skinner.

 

             MINORITY recommendation: Without recommendation. Signed by Representative Dunn.

 

             Voting yea: Representatives Cox, Kenney, Gombosky, Jarrett, Fromhold, Lantz and Skinner.

             Voting nay: Representative Dunn.

 

             Referred to Committee on Appropriations.

 

March 30, 2001

SB 5348            Prime Sponsor, Senator Costa: Updating the uniform child custody jurisdiction and enforcement act. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Dickerson; Esser; Lovick and McDermott.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Lambert, Boldt, Casada, Dickerson, Esser Lovick and McDermott.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESSB 5364       Prime Sponsor, Senate Committee on Transportation: Modifying drivers' license and identicard provisions. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. A new section is added to chapter 46.20 RCW to read as follows:

             Any contract entered into between the department and a private vendor in which the vendor provides services involving drivers' licenses or identicards must contain the following language: "Drivers' licenses and identicards must not contain: (1) Driver social security numbers in either visible or machine readable form; or (2) driver fingerprints or thumbprints."

 

             Sec. 2. RCW 26.23.140 and 1998 c 160 s 6 are each amended to read as follows:

             The federal personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193, requires states to collect social security numbers as part of the application process for professional licenses, driver's licenses, occupational licenses, and recreational licenses. The legislature finds that if social security numbers are accessible to the public, it will be relatively easy for someone to use another's social security number fraudulently to assume that person's identity and gain access to bank accounts, credit services, billing information, driving history, and other sources of personal information. ((Public Law 104-193 could compound and exacerbate the disturbing trend of social security number-related fraud. In order to prevent fraud and curtail invasions of privacy, the governor, through the department of social and health services, shall seek a waiver to the federal mandate to record social security numbers on applications for professional, driver's, occupational, and recreational licenses. If a waiver is not granted, the licensing agencies shall collect and disclose social security numbers as required under RCW 26.23.150.))

 

             Sec. 3. RCW 26.23.150 and 1999 c 138 s 2 are each amended to read as follows:

             In order to assist in child support enforcement as required by federal law, all applicants for an original, replacement, or renewal of a professional license, ((commercial)) driver's license, occupational license, or recreational license must furnish the licensing agency with the applicant's social security number, which shall be recorded on the application. ((No applicant for an original, replacement, or renewal noncommercial driver's license is required to furnish the licensing agency with the applicant's social security number for purposes of assisting in child support enforcement prior to the time necessary to comply with the federal deadline.)) The licensing agencies collecting social security numbers shall not display the social security number on the license document. Social security numbers collected by licensing agencies shall not be disclosed except as required by state or federal law or under RCW 26.23.120."

 

Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Morell; Murray; Ogden; Rockefeller; Romero; Simpson; Skinner and Woods.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Ericksen, Republican Vice Chair; Armstrong; G. Chandler; Mielke; Schindler and Sump.

 

             Voting yea: Representatives Ahern, Anderson, Cooper, Edmonds, Fisher, Haigh, Hankins, Hatfield, Hurst, Jackley, Jarrett, Lovick, Marine, Mitchell, Morell, Murray, Rockefeller, Romero, Simpson, Skinner, Wood, and Woods.

             Voting nay: Representatives Armstrong, G. Chandler, Ericksen, Mielke, Schindler and Sump.

             Excused: Representatives Ogden, and Reardon.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESSB 5372       Prime Sponsor, Senate Committee on Ways & Means: Authorizing cooperative agreements concerning the taxation of cigarette sales on Indian lands. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. The legislature intends to further the government-to-government relationship between the state of Washington and Indians in the state of Washington by authorizing the governor to enter into contracts concerning the sale of cigarettes. The legislature finds that these cigarette tax contracts will provide a means to promote economic development, provide needed revenues for tribal governments and Indian persons, and enhance enforcement of the state's cigarette tax law, ultimately saving the state money and reducing conflict. In addition, it is the intent of the legislature that the negotiations and the ensuing contracts shall have no impact on the state's share of the proceeds under the master settlement agreement entered into on November 23, 1998 by the state. This act does not constitute a grant of taxing authority to any Indian tribe nor does it provide precedent for the taxation of non-Indians on fee land.

 

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

             (1) The governor may enter into cigarette tax contracts concerning the sale of cigarettes. All cigarette tax contracts shall meet the requirements for cigarette tax contracts under this section. Except for cigarette tax contracts under section 3 of this act, the rates, revenue sharing, and exemption terms of a cigarette tax contract are not effective unless authorized in a bill enacted by the legislature.

             (2) Cigarette tax contracts shall be in regard to retail sales in which Indian retailers make delivery and physical transfer of possession of the cigarettes from the seller to the buyer within Indian Country, and are not in regard to transactions by non-Indian retailers. In addition, contracts shall provide that retailers shall not sell or give, or permit to be sold or given, cigarettes to any person under the age of eighteen years.

             (3) A cigarette tax contract with a tribe shall provide for a tribal cigarette tax in lieu of all state cigarette taxes and state and local sales and use taxes on sales of cigarettes in Indian Country by Indian retailers. The tribe may allow an exemption for sales to tribal members.

             (4) Cigarette tax contracts shall provide that all cigarettes possessed or sold by a retailer shall bear a cigarette stamp obtained by wholesalers from a bank or other suitable stamp vendor and applied to the cigarettes. The procedures to be used by the tribe in obtaining tax stamps must include a means to assure that the tribal tax will be paid by the wholesaler obtaining such cigarettes. Tribal stamps must have serial numbers or some other discrete identification so that each stamp can be traced to its source.

             (5) Cigarette tax contracts shall provide that retailers shall purchase cigarettes only from:

             (a) Wholesalers or manufacturers licensed to do business in the state of Washington;

             (b) Out-of-state wholesalers or manufacturers who, although not licensed to do business in the state of Washington, agree to comply with the terms of the cigarette tax contract, are certified to the state as having so agreed, and who do in fact so comply. However, the state may in its sole discretion exercise its administrative and enforcement powers over such wholesalers or manufacturers to the extent permitted by law;

             (c) A tribal wholesaler that purchases only from a wholesaler or manufacturer described in (a), (b), or (d) of this subsection; and

             (d) A tribal manufacturer.

             (6) Cigarette tax contracts shall be for renewable periods of no more than eight years. A renewal may not include a renewal of the phase-in period.

             (7) Cigarette tax contracts shall include provisions for compliance, such as transport and notice requirements, inspection procedures, stamping requirements, recordkeeping, and audit requirements.

             (8) Tax revenue retained by a tribe must be used for essential government services. Use of tax revenue for subsidization of cigarette and food retailers is prohibited.

             (9) The cigarette tax contract may include provisions to resolve disputes using a nonjudicial process, such as mediation.

             (10) The governor may delegate the power to negotiate cigarette tax contracts to the department of revenue. The department of revenue shall consult with the liquor control board during the negotiations.

             (11) Information received by the state or open to state review under the terms of a contract is subject to the provisions of RCW 82.32.330.

             (12) It is the intent of the legislature that the liquor control board and the department of revenue continue the division of duties and shared authority under chapter 82.24 RCW and therefore the liquor control board is responsible for enforcement activities that come under the terms of chapter 82.24 RCW.

             (13) Each cigarette tax contract shall include a procedure for notifying the other party that a violation has occurred, a procedure for establishing whether a violation has in fact occurred, an opportunity to correct such violation, and a provision providing for termination of the contract should the violation fail to be resolved through this process, such termination subject to mediation should the terms of the contract so allow. A contract shall provide for termination of the contract if resolution of a dispute does not occur within twenty-four months from the time notification of a violation has occurred. Intervening violations do not extend this time period. In addition, the contract shall include provisions delineating the respective roles and responsibilities of the tribe, the department of revenue, and the liquor control board.

             (14) For purposes of this section and sections 3 through 6 of this act:

             (a) "Essential government services" means services such as tribal administration, public facilities, fire, police, public health, education, job services, sewer, water, environmental and land use, transportation, utility services, and economic development;

             (b) "Indian retailer" or "retailer" means (i) a retailer wholly owned and operated by an Indian tribe, (ii) a business wholly owned and operated by a tribal member and licensed by the tribe, or (iii) a business owned and operated by the Indian person or persons in whose name the land is held in trust; and

             (c) "Indian tribe" or "tribe" means a federally recognized Indian tribe located within the geographical boundaries of the state of Washington.

 

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

             (1) The governor is authorized to enter into cigarette tax contracts with the Squaxin Island Tribe, the Nisqually Tribe, Tulalip Tribes, the Muckleshoot Indian Tribe, the Quinault Nation, the Jamestown S'Klallam Indian Tribe, the Port Gamble S'Klallam Tribe, the Stillaguamish Tribe, the Sauk-Suiattle Tribe, the Skokomish Indian Tribe, the Nooksack Indian Tribe, the Lummi Nation, the Chehalis Confederated Tribes, and the Upper Skagit Tribe. Each contract adopted under this section shall provide that the tribal cigarette tax rate be one hundred percent of the state cigarette and state and local sales and use taxes within three years of enacting the tribal tax and shall be set no lower than eighty percent of the state cigarette and state and local sales and use taxes during the three-year phase-in period. The three-year phase-in period shall be shortened by three months each quarter the number of cartons of nontribal manufactured cigarettes is at least ten percent or more than the quarterly average number of cartons of nontribal manufactured cigarettes from the six-month period preceding the imposition of the tribal tax under the contract. Sales at a retailer operation not in existence as of the date a tribal tax under this section is imposed are subject to the full rate of the tribal tax under the contract. The tribal cigarette tax is in lieu of the state cigarette and state and local sales and use taxes, as provided in section 2(3) of this act.

             (2) A cigarette tax contract under this section is subject to section 2 of this act.

 

             NEW SECTION. Sec. 4. A new section is added to chapter 82.08 RCW to read as follows:

             The tax levied by RCW 82.08.020 does not apply to sales of cigarettes by an Indian retailer during the effective period of a cigarette tax contract subject to section 2 of this act.

 

             NEW SECTION. Sec. 5. A new section is added to chapter 82.12 RCW to read as follows:

             The provisions of this chapter shall not apply in respect to the use of cigarettes sold by an Indian retailer during the effective period of a cigarette tax contract subject to section 2 of this act.

 

             NEW SECTION. Sec. 6. A new section is added to chapter 82.24 RCW to read as follows:

             (1) The taxes imposed by this chapter do not apply to the sale, use, consumption, handling, possession, or distribution of cigarettes by an Indian retailer during the effective period of a cigarette tax contract subject to section 2 of this act.

             (2) Effective July 1, 2002, wholesalers and retailers subject to the provisions of this chapter shall be allowed compensation for their services in affixing the stamps required under this chapter a sum computed at the rate of six dollars per one thousand stamps purchased or affixed by them.

 

             NEW SECTION. Sec. 7. RCW 82.24.070 (Compensation of dealers), as now or hereafter amended, and 1987 c 496 s 5, 1987 c 80 s 2, 1971 ex.s. c 299 s 14, 1965 ex.s. c 173 s 24, 1961 ex.s. c 24 s 4, & 1961 c 15 s 82.24.070 are each repealed.

 

             Sec. 8. RCW 82.24.510 and 1986 c 321 s 5 are each amended to read as follows:

             (1) The licenses issuable under this chapter are as follows:

             (a) A wholesaler's license.

             (b) A retailer's license.

             (2) Application for the licenses shall be made through the master license system under chapter 19.02 RCW. The department of revenue shall adopt rules regarding the regulation of the licenses. The department of revenue may refrain from the issuance of any license under this chapter if the department has reasonable cause to believe that the applicant has wilfully withheld information requested for the purpose of determining the eligibility of the applicant to receive a license, or if the department has reasonable cause to believe that information submitted in the application is false or misleading or is not made in good faith. In addition, for the purpose of reviewing an application for a wholesaler's license and for considering the denial, suspension, or revocation of any such license, the department may consider criminal convictions of the applicant related to the selling of cigarettes within the previous five years in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions, and the provisions of RCW 9.95.240 and chapter 9.96A RCW shall not apply to such cases. The department may, in its discretion, grant or refuse the wholesaler's license, subject to the provisions of RCW 82.24.550.

             (3) No person may qualify for a wholesaler's license under this section without first undergoing a criminal background check. The background check shall be performed by the liquor control board and must disclose any criminal convictions related to the selling of cigarettes within the previous five years in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions. A person who possesses a valid license on the effective date of this section is subject to this subsection and subsection (2) of this section beginning on the date of the person's master license expiration, and thereafter. If the applicant or licensee also has a license issued under chapter 66.24 RCW, the background check done under the authority of chapter 66.24 RCW satisfies the requirements of this section.

             (4) Each such license shall expire on the master license expiration date, and each such license shall be continued annually if the licensee has paid the required fee and complied with all the provisions of this chapter and the rules of the department of revenue made pursuant thereto.

 

             NEW SECTION. Sec. 9. Section 7 of this act takes effect July 1, 2002."

 

             Correct the title.

 

Signed by Representatives Cairnes, Republican Co-Chair; Morris, Democratic Co-Chair; Berkey, Democratic Vice Chair; Roach, Republican Vice Chair; Carrell; Conway; Santos; Van Luven and Veloria.

 

             Voting yea: Representatives Berkey, Cairnes, Carrell, Conway, Morris, Roach, Santos, Van Luven, and Veloria.

             Excused: Representative Pennington.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

ESB 5374         Prime Sponsor, Senator Constantine: Imposing criminal penalties and sanctions for the unauthorized sale of baby food, infant formula, cosmetics, personal care products, nonprescription drugs, or medical devices. (REVISED FOR ENGROSSED: Imposing criminal penalties and sanctions for the unauthorized sale of baby food, infant formula, cosmetics, nonprescription drugs, or medical devices.) Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.

 

             On page 1, beginning on line 9, strike all of subsection (i) and insert the following:

             "(i) At which two or more persons offer personal property for sale or exchange and at which (A) these persons are charged a fee for sale or exchange of personal property or (B) prospective buyers are charged a fee for admission to the area at which personal property is offered or displayed for sale or exchange; or"

 

             On page 2, line 25, after "or" strike "less" and insert "fewer"

 

             On page 2, line 31, after "(4)" strike all material through "means" and insert ""Nonprescription drug," which may also be referred to as an over-the-counter drug, means"

 

             On page 2, line 34, after "and" strike "should" and insert "required to"

 

Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.

 

             Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk and McMorris.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SSB 5376          Prime Sponsor, Senate Committee on Transportation: Restricting telephone service for household goods carriers operating without a permit. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Morell; Ogden; Rockefeller; Romero; Simpson; Sump and Woods.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Mielke and Schindler.

 

             Voting yea: Representatives Ahern, Anderson, Armstrong, G. Chandler, Cooper, Edmonds, Ericksen, Fisher, Haigh, Hankins, Hatfield, Hurst, Jackley, Jarrett, Lovick, Marine, Mitchell, Morell, Rockefeller, Romero, Simpson, Skinner, Sump, and Woods.

             Voting nay: Representatives Mielke, and Schindler.

             Excused: Representatives Murray, Ogden, Reardon, and Wood.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5377            Prime Sponsor, Senator Gardner: Marking the gross weight on certain vehicles. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Hatfield; Jackley; Jarrett; Marine; Mielke; Morell; Ogden; Romero; Schindler; Simpson; Skinner; Sump and Woods.

 

             Voting yea: Representatives Ahern, Anderson, Armstrong, G. Chandler, Cooper, Edmonds, Ericksen, Fisher, Haigh, Hankins, Hatfield, Hurst, Jackley, Jarrett, Lovick, Marine, Mielke, Mitchell, Morell, Rockefeller, Romero, Schindler, Simpson, Skinner, Sump, and Woods.

             Excused: Representatives Murray, Ogden, Reardon, and Wood.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5390            Prime Sponsor, Senator Constantine: Clarifying tax exemptions for sale or use of orthotic devices. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives Cairnes, Republican Co-Chair; Morris, Democratic Co-Chair; Berkey, Democratic Vice Chair; Roach, Republican Vice Chair; Carrell; Conway; Santos; Van Luven and Veloria.

 

             Voting yea: Representatives Berkey, Cairnes, Carrell, Conway, Morris, Roach, Santos, Van Luven, and Veloria.

             Excused: Representative Pennington.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5392            Prime Sponsor, Senator Long: Changing provisions relating to emancipation of minors. Reported by Committee on Juvenile Justice

 

MAJORITY recommendation: Do pass as amended.

 

             On page 1, at the beginning of line 6, insert "(1)"

 

             On page 1, line 8, after "whether:" strike "(1)" and insert "(((1))) (a)"

 

             On page 1, line 10, after "responsibilities;" strike "(2)" and insert "(((2))) (b)"

 

             On page 1, after line 12, insert the following:

 

             "(2) For the purposes of this section, the term "judicial officer" means: (a) a judge; (b) a superior court commissioner of a unified family court if the county operates a unified family court; or (c) any superior court commissioner if the county does not operate a unified family court. The term does not include a judge pro tempore."

 

Signed by Representatives Delvin, Republican Co-Chair; Dickerson, Democratic Co-Chair; Eickmeyer, Democratic Vice Chair; Marine, Republican Vice Chair; Armstrong; Carrell; Darneille and Tokuda.

 

             Voting yea: Representatives Armstrong, Carrell, Darneille, Delvin, Dickerson, Eickmeyer, Marine, and Tokuda.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5393            Prime Sponsor, Senator Long: Revising provisions relating to truancy records. Reported by Committee on Juvenile Justice

 

MAJORITY recommendation: Do pass as amended.

 

             On page 1, line 16, after "address," strike "sex" and insert "gender"

 

Signed by Representatives Delvin, Republican Co-Chair; Dickerson, Democratic Co-Chair; Eickmeyer, Democratic Vice Chair; Marine, Republican Vice Chair; Armstrong; Carrell; Darneille and Tokuda.

 

             Voting yea: Representatives Armstrong, Carrell, Darneille, Delvin, Dickerson, Eickmeyer, Marine, and Tokuda.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

ESB 5394         Prime Sponsor, Senator Kline: Revising provisions concerning the use of judges pro tempore. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.

 

             On page 1, beginning on line 6, strike all material through "judge." on line 10 and insert "A case in the superior court of any county may be tried by a judge pro tempore((, who must be)) either (1) with the agreement of the parties if the judge pro tempore is a member of the bar, who is agreed upon in writing by the parties litigant((,)) or their attorneys of record, and who is approved by the court((,)) and sworn to try the case; ((and his)) or (2) without the agreement of the parties if the judge pro tempore is a sitting elected judge and is acting as a judge pro tempore pursuant to supreme court rule. The supreme court rule must require assignments of judges pro tempore based on the judges' experience and must provide for the right, exercisable once during a case, to a change of judge pro tempore. Such right shall be in addition to any other right provided under RCW 4.12.050."

 

Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Dickerson; Esser; Lovick and McDermott.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Lambert, Boldt, Casada, Dickerson, Esser, Lovick and McDermott.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SSB 5400          Prime Sponsor, Senate Committee on Economic Development & Telecommunications: Clarifying that the community economic revitalization board may make loans and grants to federally recognized Indian tribes. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass. Signed by Representatives Van Luven, Republican Co-Chair; Veloria, Democratic Co-Chair; Dunn, Republican Vice Chair; Eickmeyer, Democratic Vice Chair; Fromhold, Democratic Vice Chair; Jackley and O'Brien.

 

MINORITY recommendation: Do not pass. Signed by Representatives Ahern; Mulliken; Pflug and Woods.

 

             Voting yea: Representatives Van Luven, Veloria, Dunn, Eickmeyer, Fromhold, Jackley and O'Brien.

             Voting nay: Representatives Ahern, Mulliken, Pflug and Woods.

             Excused: Representative Gombosky.

 

             Referred to Committee on Capital Budget.

 

March 28, 2001

SSB 5401          Prime Sponsor, Senate Committee on State & Local Government: Eliminating boards and commissions. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.

 

             On page 2, beginning on line 20 strike all of subsection (3)

 

On page 6, beginning on line 37, strike all of section 402

 

             Renumber the following sections consecutively, correct internal references accordingly, and correct the title.

 

On page 8, after line 5, insert:

             "NEW SECTION. Sec. 1001. It is the intent of the legislature that the department of social and health services and the department of ecology, in consultation with affected constituent groups, continue appropriate public involvement and outreach mechanisms designed to provide cost-effective public input on their programs and policies."

 

             Renumber the following sections consecutively and correct the title.

 

Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert; McDermott and Schmidt.

 

             Voting yea: Representatives McMorris, Romero, Miloscia, Schindler, Haigh, Lambert, McDermott and Schmidt.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5407          Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Allowing more simulcast horse racing. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.

 

             Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk and McMorris.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SSB 5433          Prime Sponsor, Senate Committee on Health & Long-Term Care: Providing for establishment of parent and child relationship for children born through alternative reproductive medical technology. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Skinner, Republican Vice Chair; Alexander; Ballasiotes; Conway; Darneille; Edmonds; Edwards; Marine; McMorris; Pennington and Ruderman.

 

             Voting yea: Representatives Cody, Campbell, Schual-Berke, Skinner, Alexander, Ballasiotes, Conway, Darneille, Marine, McMorris, Pennington and Ruderman.

             Excused: Representatives Edmonds and Edwards.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESSB 5434       Prime Sponsor, Senate Committee on Transportation: Removing the photo requirement for special identification cards for persons issued disabled parking permits. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Rockefeller; Romero; Schindler; Simpson; Skinner; Sump; Wood and Woods.

 

             Voting yea: Representatives Ahern, Anderson, Armstrong, G. Chandler, Cooper, Edmonds, Ericksen, Fisher, Haigh, Hankins, Hatfield, Hurst, Jackley, Jarrett, Lovick, Marine, Mielke, Mitchell, Morell, Murray, Ogden, Rockefeller, Romero, Schindler, Simpson, Skinner, Sump, Wood, and Woods.

             Excused: Representative Reardon.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SB 5437            Prime Sponsor, Senator Oke: Requiring holders of fish and wildlife licenses purchased over the internet or telephone to provide enforcement officers with photo identification. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 77.15.080 and 2000 c 107 s 233 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. For licenses purchased over the internet or telephone, fish and wildlife officers may require the person, if age eighteen or older, to exhibit a driver's license or other photo identification.

 

             Sec. 2. RCW 77.32.420 and 2000 c 107 s 272 are each amended to read as follows:

             Recreational licenses are not transferable. Upon request of a fish and wildlife officer, ex officio fish and wildlife officer, or authorized fish and wildlife employee, a person hunting for game animals and furbearers, digging for, fishing for, or possessing shellfish, or seaweed or fishing for or possessing food fish or game fish for personal use shall exhibit the required recreational license and write his or her signature for comparison with the signature on the license. A person who has purchased a license over the internet or by telephone may be required to also exhibit a valid driver's license, or other photo identification, if age eighteen or older. Failure to comply with the request is prima facie evidence that the person does not have a license or is not the person named on the license."

 

Signed by Representatives Doumit, Democratic Co-Chair; Sump, Republican Co-Chair; Pearson, Republican Vice Chair; Rockefeller, Democratic Vice Chair; Buck; G. Chandler; Edwards; Eickmeyer; Ericksen; Jackley; Murray and Pennington.

 

             Voting yea: Representatives Buck, G. Chandler, Doumit, Edwards, Eickmeyer, Ericksen, Jackley, Murray, Pearson, Pennington, Rockefeller, and Sump.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SB 5439            Prime Sponsor, Senator Jacobsen: Modifying provisions concerning the licensing of fishing guides. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 77.65.010 and 1998 c 190 s 93 are each amended to read as follows:

             (1) Except as otherwise provided by this title, a person may not engage in any of the following activities without a license or permit issued by the director:

             (a) Commercially fish for or take food fish or shellfish;

             (b) Deliver food fish or shellfish taken in offshore waters;

             (c) Operate a charter boat or commercial fishing vessel engaged in a fishery;

             (d) Engage in processing or wholesaling food fish or shellfish; or

             (e) Act as a fishing guide ((for salmon for personal use)) in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.

             (2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.

             (3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.

             (4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

 

             Sec. 2. RCW 77.65.150 and 2000 c 107 s 36 are each amended to read as follows:

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

 

License or Permit

Annual Fee

(RCW 77.95.090 Surcharge)

Governing

Section

 

Resident

Nonresident

 

(a) Nonsalmon charter

$225

$375

 

(b) Salmon charter

$380

(plus $100)

$685

(plus $100)

RCW 77.70.050

(c) Salmon angler

$ 0

$ 0

RCW 77.70.060

(d) Salmon roe

$ 95

$ 95

RCW 77.65.350

              

             (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 77.70.050.

             (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, game 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 or game 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. 3. RCW 77.65.370 and 1998 c 190 s 98 are each amended to read as follows:

             (1) A natural person shall not offer or perform the services of a professional ((salmon)) fishing guide in the taking of ((salmon)) game fish and food fish for personal use in freshwater rivers and streams, other than in that part of the Columbia river below the bridge at Longview, without a professional ((salmon)) fishing guide license.

             (2) Only an individual at least sixteen years of age may hold a professional ((salmon)) fishing guide license. No individual may hold more than one professional ((salmon)) fishing guide license. No individual may hold a professional fishing guide license unless they can demonstrate to the department's satisfaction that they have a current first aid card and a current cardiopulmonary resuscitation card, a Washington state business license, and adequate liability insurance. For purposes of this subsection, "adequate liability insurance" means general liability insurance coverage that extends to both the guide and employees in an amount of at least three hundred thousand dollars for occurrences of bodily injury and property damage in any one accident.

             (3) The director may specify by rule the requirements for identifying boats engaged in professional fish guiding.

 

             Sec. 4. RCW 77.65.440 and 2000 c 107 s 55 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

(RCW 77.95.090 Surcharge)

Governing

Section

 

Resident

Nonresident

 

(1) Alternate Operator

$ 35

$ 35

RCW 77.65.130

(2) Geoduck Diver

$185

$295

RCW 77.65.410

(3) ((Salmon Guide))

        Fishing Guide

(($130))

$175

(plus $20)

(($630))

$620

(plus $100)

RCW 77.65.370

 

             Sec. 5. RCW 77.65.480 and 1991 sp.s. c 7 s 4 are each amended to read as follows:

             (1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred eighty dollars.

             (2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred eighty dollars.

             (3) ((A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident.

             (4))) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year.

             (((5))) (4) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty-four dollars.

             (((6))) (5) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars.

             (((7))) (6) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian ((fishermen)) fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars."

 

Signed by Representatives Doumit, Democratic Co-Chair; Sump, Republican Co-Chair; Pearson, Republican Vice Chair; Rockefeller, Democratic Vice Chair; Buck; Edwards; Jackley; Murray and Pennington.

 

MINORITY recommendation: Without recommendation. Signed by Representatives G. Chandler; Eickmeyer and Ericksen.

 

             Voting yea: Representatives Doumit, Sump, Pearson, Rockefeller, Buck, Edwards, Jackley, Murray and Pennington.

             Voting nay: Representatives G. Chandler, Eickmeyer and Ericksen.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5442          Prime Sponsor, Senate Committee on Natural Resources, Parks & Shorelines: Allowing the use of certain salmon fishing gear with an experimental fishery permit. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. A new section is added to chapter 77.50 RCW to read as follows:

             It is the intent of the legislature to ensure that a sustainable level of salmon is made available for harvest for commercial fishers in the state. Maintaining consistent harvest levels has become increasingly difficult with the listing of salmonid species under the federal endangered species act. Without a stable level of harvest, fishers cannot develop niche markets that maximize the economic value of the harvest. New tools and approaches are needed by fish managers to bring increased stability to the fishing industry.

             In the short term, it is the legislature's intent to provide managers with tools to assure that commercial harvest of targeted stocks can continue and expand under the constraints of the federal endangered species act. There are experimental types of commercial fishing gear that could allow fishers to stabilize harvest levels by selectively targeting healthy salmon stocks.

             For the longer term, the department of fish and wildlife shall proceed with changes to the operation of certain hatcheries in order to stabilize harvest levels by allowing naturally spawning and hatchery origin fish to be managed as a single run. Scientific information from such hatcheries would guide the department's approach to reducing the need to mass mark hatchery origin salmon where appropriate.

 

             Sec. 2. RCW 77.50.030 and 1998 c 190 s 77 are each amended to read as follows:

             (1) A person shall not use, operate, or maintain a gill net which exceeds ((1500)) one thousand five hundred feet in length or a drag seine in the waters of the Columbia river for catching salmon.

             (2) A person shall not construct, install, use, operate, or maintain within state waters a pound net, round haul net, lampara net, fish trap, fish wheel, scow fish wheel, set net, weir, or fixed appliance for catching salmon or steelhead except under the authority of a trial or experimental fishery permit, when an emerging commercial fishery has been designated allowing use of one or more of these gear types. The director must consult with the commercial fishing interests that would be affected by the trial or experimental fishery permit. The director may authorize the use of this gear for scientific investigations.

             (3) The department, in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river.

 

             Sec. 3. RCW 77.70.180 and 1993 c 340 s 43 are each amended to read as follows:

             (1) Within five years after adopting rules to govern the number and qualifications of participants in an emerging commercial fishery, the director shall provide to the appropriate senate and house of representatives committees a report which outlines the status of the fishery and a recommendation as to whether a separate commercial fishery license, license fee, or limited harvest program should be established for that fishery.

             (2) For any emerging commercial fishery designated under RCW 77.50.030, the report must also include:

             (a) Information on the extent of the program, including to what degree mass marking and supplementation programs have been utilized in areas where emerging commercial fisheries using selective fishing gear have been authorized;

             (b) Information on the benefit provided to commercial fishers including information on the effectiveness of emerging commercial fisheries using selective fishing gear in providing expanded fishing opportunity within mixed stocks of salmon;

             (c) Information on the effectiveness of selective fishing gear in minimizing postrelease mortality for nontarget stocks, harvesting fish so that they are not damaged by the gear, and aiding the creation of niche markets; and

             (d) Information on the department's efforts at operating hatcheries in an experimental fashion by managing wild and hatchery origin fish as a single run as an alternative to mass marking and the utilization of selective fishing gear. The department shall consult with commercial fishers, recreational fishers, federally recognized treaty tribes with a fishing right, regional fisheries enhancement groups, and other affected parties to obtain their input in preparing the report under this subsection (2)."

 

             Correct the title.

 

Signed by Representatives Doumit, Democratic Co-Chair; Sump, Republican Co-Chair; Pearson, Republican Vice Chair; Rockefeller, Democratic Vice Chair; Buck; G. Chandler; Edwards; Eickmeyer; Ericksen; Jackley; Murray and Pennington.

 

             Voting yea: Representatives Doumit, Sump, Pearson, Rockefeller, Buck, G. Chandler, Edwards, Eickmeyer, Ericksen, Jackley, Murray and Pennington.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SSB 5443          Prime Sponsor, Senate Committee on Natural Resources, Parks & Shorelines: Changing required renewal dates in order to validly renew certain commercial fishing licenses. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 77.65.160 and 2000 c 107 s 37 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 77.70.090 may hold a license listed in this subsection. The licenses and their annual fees and surcharges under RCW 77.95.090 are:

 

Fishery License

Resident

Fee

Nonresident

Fee

Surcharge

(a) Salmon Gill Net--Grays

         Harbor-Columbia river

$380

$685

plus $100

(b) Salmon Gill Net--Puget Sound

$380

$685

plus $100

(c) Salmon Gill Net--Willapa Bay-

          Columbia river

$380

$685

plus $100

(d) Salmon purse seine

$530

$985

plus $100

(e) Salmon reef net

$380

$685

plus $100

(f) Salmon troll

$380

$685

plus $100

 

             (2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 77.65.100.

             (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)) before the third Monday in September 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 before the third Monday in September, in order to be considered a valid renewal and eligible to renew the license the following year.

             (7) Notwithstanding the annual license fees and surcharges established in subsection (1) of this section, a person who holds a resident commercial salmon fishery license shall pay an annual license fee of one hundred dollars without a surcharge if all of the following conditions are met:

             (a) The license holder is at least seventy-five years of age;

             (b) The license holder owns a fishing vessel and has fished with a resident commercial salmon fishery license for at least twenty years;

and

             (c) The commercial salmon fishery license is for a geographical area other than the Puget Sound.

             An alternate operator may not be designated for a license renewed at the one hundred dollar annual fee under this subsection (7).

 

             Sec. 2. RCW 77.65.030 and 1993 c 340 s 3 are each amended to read as follows:

             The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought. The department shall accept no license or permit applications after December 31st of the calendar year for which the license or permit is sought. The application deadline in this section does not apply to a license or permit that has not been renewed because of the death of the license or permit holder. The license or permit holder's surviving spouse, estate, or estate beneficiary must be given a reasonable opportunity to renew the license or permit.

 

             Sec. 3. RCW 77.65.070 and 1996 c 267 s 27 are each amended to read as follows:

             (1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the department.

             (2) No security interest or lien of any kind, including tax liens, may be created or enforced in a license issued under this chapter.

             (3) Unless otherwise provided in this title or rules of the department, commercial licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which they are issued. In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees. In accordance with RCW 77.65.030, the department must provide a license or permit holder's surviving spouse, estate, or estate beneficiary a reasonable opportunity to renew the license or permit."

 

             Correct the title.

 

Signed by Representatives Doumit, Democratic Co-Chair; Sump, Republican Co-Chair; Pearson, Republican Vice Chair; Rockefeller, Democratic Vice Chair; Buck; G. Chandler; Edwards; Eickmeyer; Ericksen; Jackley; Murray and Pennington.

 

             Voting yea: Representatives Doumit, Sump, Pearson, Rockefeller, Buck, G. Chandler, Edwards, Eickmeyer, Ericksen, Jackley, Murray and Pennington.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

ESSB 5449       Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Prohibiting identity theft. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass as amended.

 

             On page 3, line 4, strike "government issued" and insert "government-issued"

 

             On page 3, line 5, strike "government issued" and insert "government-issued"

 

             On page 3, line 9, after "(c)" strike "The" and insert "A"

 

             On page 3, line 28, after "judgment" insert ","

 

             On page 11, line 9, after "identification" insert ","

 

             On page 17, line 9, after "identification" insert ","

 

             On page 18, beginning on line 34, strike all of section 7 and insert the following:

             "NEW SECTION. Sec. 7. A new section is added to chapter 9.35 RCW to read as follows:

             The legislature finds that the practices covered by RCW 9.35.010 and 9.35.020 are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of RCW 9.35.010 or 9.35.020 are not reasonable in relation to the development and preservation of business. A violation of RCW 9.35.010 or 9.35.020 is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

             Nothing in RCW 9.35.010 or 9.35.020 limits a victim's ability to receive treble damages under RCW 19.86.090."

 

             On page 11, line 26, after the word "batching" insert ",recording"

 

             On page 12, line 2, after "instruments;" strike "or"

 

             On page 12, line 4, after "or similar proceeding" insert ";or (v) the oral contact is made for the purpose of investigating , confirming, or authenticating the information received from the debtor, to provide additional information to the debtor, or to request additional information from the debtor needed by the licensee to accurately record the debtor’s information in the licensee’s records"

 

             On page 17, line 22, after the word "batching" insert ",recording"

 

             On page 17, line 37, after "instruments;" strike "or"

 

             On page 17, line 39, after "or similar proceeding" insert ";or (v) the oral contact is made for the purpose of investigating , confirming, or authenticating the information received from the debtor, to provide additional information to the debtor, or to request additional information from the debtor needed by the licensee to accurately record the debtor’s information in the licensee’s records"

 

Signed by Representatives Benson, Republican Co-Chair; Hatfield, Democratic Co-Chair; Bush, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Cairnes; DeBolt; Keiser; Miloscia; Roach; Santos and Simpson.

 

             Voting yea: Representatives Benson, Hatfield, Bush, McIntire, Barlean, Cairnes, DeBolt, Keiser, Miloscia, Roach, Santos and Simpson.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

ESSB 5465       Prime Sponsor, Senate Committee on Human Services & Corrections: Changing provisions relating to sex offender treatment providers. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.

 

             On page 3, line 5, after "provision" strike "is limited by" and insert "does not eliminate"

 

             On page 3, line 9, after "victims." insert "This limited liability provision applies only to the conduct of the certified sex offender treatment provider and not the conduct of the state."

 

Signed by: Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Ahern, Republican Vice Chair; Lovick, Democratic Vice Chair; Cairnes; Kagi; Kirby and Morell.

 

             Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5472          Prime Sponsor, Senate Committee on Judiciary: Changing provisions relating to termination of municipal courts and service contracts. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Dickerson; Esser; Lovick and McDermott.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Lambert, Boldt, Casada, Dickerson, Esser, Lovick and McDermott.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

SSB 5474          Prime Sponsor, Senate Committee on Ways & Means: Modifying provisions concerning the general administration services account. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 39.35.060 and 1996 c 186 s 404 are each amended to read as follows:

             The department may impose fees upon affected public agencies for the review of life-cycle cost analyses. The fees shall be deposited in the ((energy efficiency services account established in RCW 39.35C.110)) general administration services account. The purpose of the fees is to recover the costs by the department for review of the analyses. The department shall set fees at a level necessary to recover all of its costs related to increasing the energy efficiency of state-supported new construction. The fees shall not exceed one-tenth of one percent of the total cost of any project or exceed two thousand dollars for any project unless mutually agreed to. The department shall provide detailed calculation ensuring that the energy savings resulting from its review of life-cycle cost analysis justify the costs of performing that review.

 

             Sec. 2. RCW 43.19.025 and 1998 c 105 s 1 are each amended to read as follows:

             The general ((services)) administration (([general administration services])) services account is created in the custody of the state treasurer and shall be used for all activities previously budgeted and accounted for in the following internal service funds: The motor transport account, the general administration management fund, the general administration facilities and services revolving fund, the central stores revolving fund, the surplus property purchase revolving fund, ((and)) the risk management account, and the energy efficiency services account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW.

 

             Sec. 3. RCW 43.19.1923 and 1998 c 105 s 6 are each amended to read as follows:

             The general administration services account shall be used for the purchase of supplies and equipment handled or rented through central stores, and the payment of salaries, wages, and other costs incidental to the acquisition, operation, and maintenance of the central stores, and other activities connected therewith, which shall include utilities services. ((Disbursements from the account for the purchasing and contract administration activities of the division of purchasing within the department are subject to appropriation and allotment procedures under chapter 43.88 RCW. Disbursements for all other state purchasing activities within the general administration services account are not subject to appropriation.)) The account shall be credited with all receipts from the rental, sale, or distribution of supplies, equipment, and services rendered to the various state agencies. Central stores, utilities services, and other activities within the general administration services account shall be treated as separate operating entities for financial and accounting control. Financial records involving the general administration services account shall be designed to provide data for achieving maximum effectiveness and economy of each individual activity within the account.

 

             NEW SECTION. Sec. 4. RCW 39.35C.110 (Energy efficiency services account--Fees) and 1996 c 186 s 415 & 1991 c 201 s 12 are each repealed."

 

             Correct the title.

 

Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

 

             Voting yea: Representatives Alexander, Barlean, Benson, Boldt, Buck, Clements, Cody, Cox, Doumit, Dunshee, Fromhold, Grant, Kagi, Keiser, Kenney, Lambert, Linville, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Sehlin, Sommers, Talcott, and Tokuda.

             Excused: Representatives Gombosky, Kessler, and Lisk.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5478            Prime Sponsor, Senator Franklin: Reducing childhood lead exposure. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Skinner, Republican Vice Chair; Alexander; Ballasiotes; Conway; Darneille; Edmonds; Edwards; Marine; McMorris; Pennington and Ruderman.

 

             Voting yea: Representatives Alexander, Ballasiotes, Campbell, Cody, Conway, Darneille, Marine, McMorris, Pennington, Ruderman, Schual-Berke, and Skinner.

             Excused: Representatives Edmonds, and Edwards.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

SSB 5484          Prime Sponsor, Senate Committee on Ways & Means: Providing a limited sales tax exemption for certain sales of conifer seed. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives Cairnes, Republican Co-Chair; Morris, Democratic Co-Chair; Berkey, Democratic Vice Chair; Roach, Republican Vice Chair; Carrell; Conway; Santos; Van Luven and Veloria.

 

             Voting yea: Representatives Berkey, Cairnes, Carrell, Conway, Morris, Roach, Santos, Van Luven, and Veloria.

             Excused: Representative Pennington.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SB 5491            Prime Sponsor, Senator Kline: Revising small claims proceedings. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Boldt; Casada; Dickerson; Esser; Lovick and McDermott.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Lambert, Boldt, Casada, Dickerson, Esser, Lovick and McDermott.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SSB 5494          Prime Sponsor, Senate Committee on Transportation: Clarifying noise laws for motor vehicles. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 46.37.390 and 1977 ex.s. c 355 s 33 are each amended to read as follows:

             (1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out bypass, or similar device upon a motor vehicle on a highway.

             (2)(a) No motor vehicle first sold and registered as a new motor vehicle on or after January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:

             (i) As dark as or darker than the shade designated as No. 1 on the Ringelmann chart, as published by the United States bureau of mines; or

             (ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (a)(i) above.

             (b) No motor vehicle first sold and registered prior to January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:

             (i) As dark as or darker than the shade designated as No. 2 on the Ringelmann chart, as published by the United States bureau of mines; or

             (ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (b)(i) above.

             (c) For the purposes of this subsection the following definitions shall apply:

             (i) "Opacity" means the degree to which an emission reduces the transmission of light and obscures the view of an object in the background;

             (ii) "Ringelmann chart" means the Ringelmann smoke chart with instructions for use as published by the United States bureau of mines in May 1967 and as thereafter amended, information circular 7718.

             (3) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection so that the vehicle's exhaust noise exceeds ninety-five decibels as measured by the Society of Automotive Engineers (SAE) test procedure J1169 (May, 1998). It is not a violation of this subsection unless proven by proper authorities that the exhaust system modification results in noise amplification in excess of ninety-five decibels under the prescribed SAE test standard. A court may dismiss an infraction notice for a violation of this subsection if there is reasonable grounds to believe that the vehicle was not operated in violation of this subsection.

             This subsection (3) does not apply to vehicles twenty-five or more years old or to passenger vehicles being operated off the highways in an organized racing or competitive event conducted by a recognized sanctioning body."

 

Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Rockefeller; Romero; Schindler; Simpson; Skinner; Sump; Wood and Woods.

 

             Voting yea: Representatives Ahern, Anderson, Armstrong, G. Chandler, Cooper, Edmonds, Ericksen, Fisher, Haigh, Hankins, Hatfield, Hurst, Jackley, Jarrett, Lovick, Marine, Mielke, Mitchell, Morell, Murray, Ogden, Rockefeller, Romero, Schindler, Simpson, Skinner, Sump, Wood, and Woods.

             Excused: Representative Reardon

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

ESB 5495         Prime Sponsor, Senator Jacobsen: Modifying the appointment process for members of the community outdoor athletic fields advisory council. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 79A.25.810 and 1998 c 264 s 2 are each amended to read as follows:

             (1) A community outdoor athletic fields advisory council is established within the interagency committee for outdoor recreation. The advisory council shall consist of nine members, from the public at large, appointed as follows: (a) Four members appointed by the chairperson of the interagency committee for outdoor recreation; (b) two members appointed by the house of representatives, one each appointed by the speaker of the house of representatives and the minority leader of the house of representatives; (c) two members appointed by the senate, one each appointed by the majority leader of the senate and the minority leader of the senate; and (d) one member appointed by the governor, who shall serve as chairperson of the advisory council. If a position on the advisory council which is supposed to be filled by an appointment by either the house of representatives or the senate is vacant for more than ninety days because of a failure to make the appointment, the chairperson of the interagency committee may appoint a person to fill the vacancy. The appointments must reflect an effort to achieve a balance among the appointed members based upon factors of geographic, population density, racial, ethnic, and gender diversity, and with a sense and awareness of community outdoor athletic fields needs, including the complete variety of outdoor athletic activities.

             (2) The community outdoor athletic fields advisory council shall annually advise, provide information to, and make recommendations to the interagency committee for outdoor recreation on how to allocate all of the funds deposited in the youth athletic facility account created in RCW 43.99N.060(4). These recommendations must include, at a minimum, recommendations concerning the distribution of funds deposited in the youth athletic facility account between the maintenance of existing athletic facilities, the development of new athletic facilities, the improvement of existing athletic facilities, and the award of funds from the youth athletic facility ((grant)) account ((created in RCW 43.99N.060(4),)) to cities, counties, and qualified nonprofit organizations for acquiring, developing, equipping, maintaining, and improving youth or community athletic facilities, including but not limited to community outdoor athletic fields.

             (3) The members shall serve three-year terms. Of the initial members, two shall be appointed for a one-year term, three shall be appointed for a two-year term, and the remainder shall be appointed for three-year terms. Thereafter, members shall be appointed for three-year terms. The member appointed by the governor shall serve as chairperson of the advisory council for the duration of the member's term.

             (4) Members of the advisory council shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060."

 

Signed by Representatives Doumit, Democratic Co-Chair; Sump, Republican Co-Chair; Pearson, Republican Vice Chair; Rockefeller, Democratic Vice Chair; Buck; G. Chandler; Edwards; Eickmeyer; Ericksen; Jackley; Murray and Pennington.

 

             Voting yea: Representatives Buck, G. Chandler, Doumit, Edwards, Eickmeyer, Ericksen, Jackley, Murray, Pearson, Pennington, Rockefeller, and Sump.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5497          Prime Sponsor, Senate Committee on Agriculture & International Trade: Excluding farm and agricultural land from forest land under the forest practices act. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Dunshee; Grant; Hunt; Kirby; Quall; Roach; Schoesler and Sump.

 

             Voting yea: Representatives G. Chandler, Linville, Cooper, Mielke, B. Chandler, Dunshee, Grant, Hunt, Kirby, Quall, Roach, Schoesler and Sump.

             Excused: Representative Delvin.

 

             Passed to Committee on Rules for second reading.

 

March 28, 2001

ESSB 5500       Prime Sponsor, Senate Committee on Human Services & Corrections: Revising programs and proceedings for children under the BECCA and HOPE acts. Reported by Committee on Juvenile Justice

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 13.32A.030 and 2000 c 123 s 2 are each amended to read as follows:

             As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

             (1) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.

             (2) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.

             (3) "At-risk youth" means a juvenile:

             (a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent; or

             (b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or

             (c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse; or

             (d) Who refuses or fails to comply with the compulsory school attendance laws as provided under chapter 28A.225 RCW in addition to either (a), (b), or (c) of this subsection.

             (4) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years.

             (5) "Child in need of services" means a juvenile:

             (a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;

             (b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours on two or more separate occasions from the home of either parent, a crisis residential center, an out-of-home placement, or a court-ordered placement; and

             (i) Has exhibited a serious substance abuse problem; or

             (ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or

             (c)(i) Who is in need of: (A) Necessary services, including food, shelter, health care, clothing, or education; or (B) services designed to maintain or reunite the family;

             (ii) Who lacks access to, or has declined to utilize, these services; and

             (iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

             (6) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.

             (7) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.

             (8) "Custodian" means the person or entity who has the legal right to the custody of the child.

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

             (10) "Extended family member" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.

             (11) "Guardian" means that person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the right to legal custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.

             (12) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent. The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members. The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.

             (13) "Out-of-home placement" means a 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.

             (14) "Parent" means the parent or parents who have the legal right to custody of the child. "Parent" includes custodian or guardian.

             (15) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.

             (16) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away. Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center.

             (17) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department with a ratio of at least one adult staff member to every two children.

             (18) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.

 

             Sec. 2. RCW 13.32A.160 and 2000 c 123 s 19 are each amended to read as follows:

             (1) When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving a child in need of services petition; (e) notify the parents of their rights under this chapter and chapters 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to file a motion requesting that the court convert the petition to an at-risk youth petition, the right to submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

             (2) Upon filing of a child in need of services petition, the child may be placed, if not already placed by the department in a crisis residential center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence other than a HOPE center to be determined by the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.

             (3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile's parent.

 

             Sec. 3. RCW 13.32A.170 and 2000 c 123 s 20 are each amended to read as follows:

             (1) The court shall hold a fact-finding hearing to consider a proper child in need of services petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.

             (2) The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:

             (a) The child is a child in need of services as defined in RCW 13.32A.030(5);

             (b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;

             (c) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

             (d) A suitable out-of-home placement resource is available.

             The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.

             The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.

             (3) Following the fact-finding hearing the court shall: (a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve the parent's motion to convert the petition to an at-risk youth petition ((filed by the parents and dismiss the child in need of services petition)) and approve the at-risk youth petition; or (c) dismiss the petition.

             At any time the court may order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.

 

             Sec. 4. RCW 13.32A.179 and 2000 c 123 s 21 are each amended to read as follows:

             (1) A disposition hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified by the court of the time and place of the hearing.

             (2) At the conclusion of the disposition hearing, the court may: (a) Reunite the family and dismiss the petition; (b) approve the parent's motion to convert the petition to an at-risk youth petition ((filed by the parents and dismiss the child in need of services petition)) and approve the at-risk youth petition; (c) approve an out-of-home placement requested in the child in need of services petition by the parents; or (d) order an out-of-home placement at the request of the child or the department not to exceed ninety days.

             At any time the court may order the department to review the matter for purposes of filing a dependency petition under chapter 13.34 RCW. Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(3).

             (3) The court may only enter an order under subsection (2)(d) of this section if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the problems that led to the filing of the petition; (v) the problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety.

             (4) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered, shall address the needs of the child, and the perceived needs of the parents if the order was entered under subsection (2)(d) of this section or if specifically agreed to by the parents. If the parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings.

             (5) At any time during the pendency of a child in need of services petition or following approval of a child in need of services petition, the court may order that a risk and needs assessment of the child be conducted by juvenile court staff, a community agency identified by the court, or the department if the department has sufficient resources and agrees to perform the assessment.

             (6) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.

             (((6))) (7) After the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of the child in need of services proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:

             (a) The child has been absent from court approved placement for thirty consecutive days or more;

             (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

             (c) The department has exhausted all available and appropriate resources that would result in reunification.

             (((7))) (8) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.

 

             Sec. 5. RCW 13.32A.190 and 1996 c 133 s 25 are each amended to read as follows:

             (1) Upon making a dispositional order under RCW 13.32A.179, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel and/or a guardian ad litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the review hearing, and notify the parties of their rights to present evidence at the hearing. Where resources are available, the court shall encourage the parent and child to participate in programs for reconciliation of their conflict.

             (2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with this chapter. The court shall determine whether reasonable efforts have been made to reunify the family and make it possible for the child to return home. The court shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have made reasonable efforts to resolve the conflict and the court has reason to believe that the child's refusal to return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.

             (3) At its discretion, the court may hold a hearing to review a child in need of services matter at any time throughout the duration of the proceeding.

             (4) Out-of-home placement may not be continued past one hundred eighty days from the day the review hearing commenced. The court shall order the child to return to the home of the parent at the expiration of the placement. If an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring the child to return to the home of the child's parent.

             (((4))) (5) The parents and the department may request, and the juvenile court may grant, dismissal of an out-of-home placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

             (a) The child has been absent from court approved placement for thirty consecutive days or more;

             (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

             (c) The department has exhausted all available and appropriate resources that would result in reunification.

             (((5))) (6) The court shall terminate a placement made under this section upon the request of a parent unless the placement is made pursuant to RCW 13.32A.179(3).

             (((6))) (7) The court may dismiss a child in need of services petition filed by a parent at any time if the court finds good cause to believe that continuation of out-of-home placement would serve no useful purpose.

             (((7))) (8) The court shall dismiss a child in need of services proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

 

             Sec. 6. RCW 13.32A.196 and 2000 c 123 s 24 are each amended to read as follows:

             (1) A dispositional hearing shall be held no later than fourteen days after the fact-finding hearing. Each party shall be notified of the time and date of the hearing.

             (2) At the dispositional hearing regarding an adjudicated at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department. The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.

             (3) The court may set conditions of supervision for the child that include:

             (a) Regular school attendance;

             (b) Counseling;

             (c) Participation in a substance abuse or mental health outpatient treatment program;

             (d) Reporting on a regular basis to the department or any other designated person or agency; and

             (e) Any other condition the court deems an appropriate condition of supervision including but not limited to: Employment, participation in an anger management program, and refraining from using alcohol or drugs.

             (4) No dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

             (5) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan. The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.

             (6) The parent may request dismissal of an at-risk youth proceeding or out-of-home placement at any time. Upon such a request, the court shall dismiss the matter and cease court supervision of the child unless: (a) A contempt action is pending in the case; (b) a petition has been filed under RCW 13.32A.150 and a hearing has not yet been held under RCW 13.32A.179; or (c) an order has been entered under RCW 13.32A.179(3) and the court retains jurisdiction under that subsection. The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

             (7) An at-risk youth proceeding converted from a truancy proceeding under chapter 28A.225 RCW shall revert to being a truancy proceeding under chapter 28A.225 RCW if, pursuant to subsection (6) of this section, the at-risk youth petition is dismissed.

             (8) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.

             (9) At any time during the pendency of an at-risk youth petition or following approval of an at-risk youth petition, the court may order that a risk and needs assessment of the child be conducted by juvenile court staff, a community agency identified by the court, or the department if the department has sufficient resources and agrees to perform the assessment.

 

             Sec. 7. RCW 13.32A.198 and 1990 c 276 s 15 are each amended to read as follows:

             (1) Upon making a disposition regarding an adjudicated at-risk youth, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel for the child, advise the parent of the right to be represented by legal counsel at the review hearing at the parent's own expense, and notify the parties of their rights to present evidence at the hearing.

             (2) At the review hearing, the court shall approve or disapprove the continuation of court supervision in accordance with the goal of assisting the parent to maintain the care, custody, and control of the child. The court shall determine whether the parent and child are complying with the dispositional plan. If court supervision is continued, the court may modify the dispositional plan.

             (3) At its discretion, the court may hold a hearing to review an at-risk youth matter at any time throughout the duration of the proceeding.

             (4) Court supervision of the child may not be continued past one hundred eighty days from the day the review hearing commenced unless the court finds, and the parent agrees, that there are compelling reasons for an extension of supervision. Any extension granted pursuant to this subsection shall not exceed ninety days.

             (((4))) (5) The court may dismiss an at-risk youth proceeding at any time if the court finds good cause to believe that continuation of court supervision would serve no useful purpose or that the parent is not cooperating with the court-ordered case plan. The court shall dismiss an at-risk youth proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

             (6) An at-risk youth proceeding converted from a truancy proceeding under chapter 28A.225 RCW shall revert to being a truancy proceeding under chapter 28A.225 RCW if, pursuant to this section, the at-risk youth petition is dismissed.

 

             Sec. 8. RCW 28A.225.035 and 1999 c 319 s 3 are each amended to read as follows:

             (1) A petition for a civil action under RCW 28A.225.030 or 28A.225.015 shall consist of a written notification to the court alleging that:

             (a) The child has unexcused absences during the current school year;

             (b) Actions taken by the school district have not been successful in substantially reducing the child's absences from school; and

             (c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.

             (2) The petition shall set forth the name, age, school, and residence of the child and the names and residence of the child's parents.

             (3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter and provide information about what the court might order under RCW 28A.225.090.

             (4) When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile court shall schedule a hearing at which the court shall consider the petition, or if the court determines that a referral to an available community truancy board would substantially reduce the child's unexcused absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court.

             (5) If a referral is made to a community truancy board, the truancy board must meet with the child, a parent, and the school district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions necessary to address the child's truancy within thirty days of the referral. If the petition is based on RCW 28A.225.015, the child shall not be required to attend and the agreement under this subsection shall be between the truancy board, the school district, and the child's parent. The agreement shall be presented to the juvenile court for its approval. 

             (6) The court shall approve the agreement by order or schedule a hearing. The court may, if the school district and community truancy board agree, permit the truancy board to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015, and report on compliance with the order.

             (7) If the truancy board fails to reach an agreement, the truancy board shall return the case to the juvenile court for a hearing.

             (8) Notwithstanding the provisions in subsection (4) of this section, a hearing shall not be required if other actions by the court would substantially reduce the child's unexcused absences. When a juvenile court hearing is held, the court shall:

             (a) Separately notify the child, the parent of the child, and the school district of the hearing;

             (b) Notify the parent and the child of their rights to present evidence at the hearing; and

             (c) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.

             (9) The court may require the attendance of the child if eight years old or older, the parents, and the school district at any hearing on a petition filed under RCW 28A.225.030.

             (10) A school district is responsible for determining who shall represent the school district at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015.

             (11) The court may permit the first hearing to be held without requiring that either party be represented by legal counsel, and to be held without a guardian ad litem for the child under RCW 4.08.050. At the request of the school district, the court shall permit a school district representative who is not an attorney to represent the school district at any future hearings.

             (12) If the allegations in the petition are established by a preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for the period of time determined by the court, after considering the facts alleged in the petition and the circumstances of the juvenile, to most likely cause the juvenile to return to and remain in school while the juvenile is subject to this chapter. In no case may the order expire before the end of the school year in which it is entered.

             (13) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.

             (14) Community truancy boards and the courts shall coordinate, to the extent possible, proceedings and actions pertaining to children who are subject to truancy petitions and at-risk youth petitions in RCW 13.32A.191 or child in need of services petitions in RCW 13.32A.140.

             (15) If after a juvenile court assumes jurisdiction in one county the child relocates to another county, the juvenile court in the receiving county shall, upon the request of a school district or parent, assume jurisdiction of the petition filed in the previous county.

             (16) At any time after the filing of a truancy petition on his or her child, and subsequent to a family assessment as provided under RCW 13.32A.150(1), a parent may file with the court a motion requesting the matter be converted to an at-risk youth proceeding under chapter 13.32A RCW. The court shall approve the motion unless there is a pending contempt action under this chapter or the court has reason to believe the conversion would not be in the best interest of the child.

 

             Sec. 9. RCW 28A.225.090 and 2000 c 162 s 6 and 2000 c 61 s 1 are each reenacted and amended to read as follows:

             (1) A court may order a child subject to a petition under RCW 28A.225.035 to do one or more of the following:

             (a) Attend the child's current school, and set forth minimum attendance requirements, including suspensions;

             (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

             (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

             (d) Be referred to a community truancy board, if available; or

             (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law and, if any test ordered under this subsection indicates the use of controlled substances or alcohol, order the minor to abstain from the unlawful consumption of controlled substances or alcohol and adhere to the recommendations of the drug assessment at no expense to the school.

             (2)(a) If the child fails to comply with the court order, the court may order the child to be placed in confinement for contempt, either in a juvenile detention facility operated by or under a contract with a county or in a secure facility that is a separate, secure section of a juvenile detention facility, or may impose alternatives to confinement such as community service. Failure by a child to comply with an order issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW. In no case may a child in contempt be confined in a secure facility that is freestanding outside a juvenile detention facility.

             (b) If the child fails to comply with the court order, the court may order that a risk and needs assessment of the child be conducted by juvenile court staff, a community agency identified by the court, or the department if the department has sufficient resources and agrees to perform the assessment. The court shall hold a review hearing within fourteen days of the contempt finding and, pursuant to the results of the assessment, may order conditions of supervision, including regular school attendance, counseling, participation in a substance abuse or mental health outpatient treatment program, and any other condition the court deems an appropriate condition of supervision.

             (3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

             (4)(a) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community service. Failure by a child to comply with an order issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW.

             (b) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order that a risk and needs assessment of the child be conducted by juvenile court staff, a community agency identified by the court, or the department if the department has sufficient resources and agrees to perform the assessment. The court shall hold a review hearing within fourteen days of the contempt finding and, pursuant to the results of the assessment, may order conditions of supervision, including regular school attendance, counseling, participation in a substance abuse or mental health outpatient treatment program, and any other condition the court deems an appropriate condition of supervision.

             (5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven year-old child required to attend public school under RCW 28A.225.015.

 

             Sec. 10. RCW 28A.225.090 and 2000 c 162 s 15 and 2000 c 61 s 1 are each reenacted and amended to read as follows:

             (1) A court may order a child subject to a petition under RCW 28A.225.035 to do one or more of the following:

             (a) Attend the child's current school, and set forth minimum attendance requirements, including suspensions;

             (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

             (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

             (d) Be referred to a community truancy board, if available; or

             (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law and, if any test ordered under this subsection indicates the use of controlled substances or alcohol, order the minor to abstain from the unlawful consumption of controlled substances or alcohol and adhere to the recommendations of the drug assessment at no expense to the school.

             (2)(a) If the child fails to comply with the court order, the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community service. Failure by a child to comply with an order issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.

             (b) If the child fails to comply with the court order, the court may order that a risk and needs assessment of the child be conducted by juvenile court staff, a community agency identified by the court, or the department if the department has sufficient resources and agrees to perform the assessment. The court shall hold a review hearing within fourteen days of the contempt finding and, pursuant to the results of the assessment, may order conditions of supervision, including regular school attendance, counseling, participation in a substance abuse or mental health outpatient treatment program, and any other condition the court deems an appropriate condition of supervision.

             (3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

             (4)(a) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community service. Failure by a child to comply with an order issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW.

             (b) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order that a risk and needs assessment of the child be conducted by juvenile court staff, a community agency identified by the court, or the department if the department has sufficient resources and agrees to perform the assessment. The court shall hold a review hearing within fourteen days of the contempt finding and, pursuant to the results of the assessment, may order conditions of supervision, including regular school attendance, counseling, participation in a substance abuse or mental health outpatient treatment program, and any other condition the court deems an appropriate condition of supervision.

             (5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven year-old child required to attend public school under RCW 28A.225.015.

 

             NEW SECTION. Sec. 11. A new section is added to chapter 74.15 RCW to read as follows:

             Any person acting reasonably, in good faith, and in compliance with the requirements of the HOPE act (chapter 267, Laws of 1999) shall be immune from civil or criminal liability for receiving or sheltering the child. Immunity does not apply to acts of intentional misconduct or gross negligence.

 

             Sec. 12. RCW 13.32A.070 and 1996 c 133 s 13 are each amended to read as follows:

             (1) A law enforcement officer acting in good faith pursuant to this chapter is immune from civil or criminal liability for such action.

             (2) A person with whom a child is placed pursuant to this chapter and who acts reasonably and in good faith is immune from civil or criminal liability ((for the act of receiving the child)). The immunity does not release the person from liability under any other law.

 

             Sec. 13. RCW 13.32A.125 and 1995 c 312 s 44 are each amended to read as follows:

             In approving a petition under this chapter, a child may be placed in a semi-secure crisis residential center as a temporary out-of-home placement under the following conditions: (1) No other suitable out-of-home placement is available; (2) space is available in the semi-secure crisis residential center; and (3) no child will be denied access for a five-day placement due to this placement.

             Any child referred to a semi-secure crisis residential center by a law enforcement officer, the department, or himself or herself shall have priority over a temporary out-of-home placement in the facility. Any out-of-home placement order shall be subject to this priority, and the administrator of the semi-secure crisis residential center shall transfer the temporary out-of-home placement youth to a new out-of-home placement as necessary to ensure access for youth needing the semi-secure crisis residential center.

             A crisis residential center and any person employed at the center acting reasonably and in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.

 

             Sec. 14. 1999 c 267 s 24 (uncodified) is amended to read as follows:

             The Washington state institute for public policy shall review the effectiveness of the HOPE centers and the responsible living skills programs. The study shall include the characteristics of the youth being served, the services offered to participating youth, the success of permanent placement of youth, the number of youth participating in each program, the number of youth who successfully complete the responsible living skills program, educational achievement of participants, employment history of participants, the outcomes for youth who have progressed through the programs, and other measures that the institute deems helpful in determining the measurable outcomes of sections 10 through 26 of this act.

             The review shall be submitted to the legislature and the governor not later than December 1, ((2001)) 2002.

 

             NEW SECTION. Sec. 15. Section 9 of this act expires July 1, 2002.

 

             NEW SECTION. Sec. 16. Section 10 of this act takes effect July 1, 2002."

 

             Correct the title.

 

Signed by Representatives Delvin, Republican Co-Chair; Dickerson, Democratic Co-Chair; Eickmeyer, Democratic Vice Chair; Marine, Republican Vice Chair; Armstrong; Darneille and Tokuda.

 

MINORITY recommendation: Without recommendation. Signed by Representative Carrell.

 

             Voting yea: Representatives Delvin, Dickerson, Eickmeyer, Marine, Armstrong, Darneille and Tokuda.

             Excused: Representative Carrell.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

SSB 5511          Prime Sponsor, Senate Committee on Judiciary: Adding a factor a court is to consider in determining residential time between parents. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.

 

             On page 3, line 8, strike "Which" and insert "If none of the limitations of RCW 26.09.191 apply, which"

 

Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Boldt; Dickerson; Esser; Lovick and McDermott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Lambert, Republican Vice Chair; Casada.

 

             Voting yea: Representatives Carrell, Lantz, Hurst, Boldt, Dickerson, Esser, Lovick and McDermott.

             Voting nay: Representatives Lambert and Casada.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5518            Prime Sponsor, Senator Horn: Waiving the motorcycle exam for trained operators. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Haigh; Hatfield; Hurst; Jackley; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Rockefeller; Romero; Schindler; Simpson; Skinner; Sump and Woods.

 

             Voting yea: Representatives Ahern, Anderson, Armstrong, G. Chandler, Cooper, Edmonds, Ericksen, Fisher, Haigh, Hankins, Hatfield, Hurst, Jackley, Jarrett, Lovick, Marine, Mielke, Mitchell, Morell, Murray, Ogden, Rockefeller, Romero, Schindler, Simpson, Skinner, Sump, Wood, and Woods.

             Excused: Representative Reardon.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESSB 5522       Prime Sponsor, Senate Committee on Human Services & Corrections: Creating an office of mental health ombudsman. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.

 

             On page 3, line 28, after "order;" delete "and"

 

             On page 3, line 30, after hospitals" insert "; and

             (g) Establish the jurisdiction of the mental health ombudsman so that it does not overlap with other state ombudsman offices and allows contact and coordination among the various state ombudsman offices"

 

             On page 10, line 7, after "(2)" strike all material through "act." and insert the following: "The legislature intends that federal medicaid requirements be met.

             (3)The legislature intends that the implementation and operation of the state mental health ombudsman program shall have no additional fiscal impact for the first two years of the program, and that:

             (a) The department of community, trade, and economic development shall expend no more than:

             (i) The amount annually expended for mental health ombudsman and quality review team services, and related administration by regional support networks, and state hospitals and their subcontractors, pursuant to contracts with the department of social and health services;

             (ii) The amount annually expended by the mental health division of the department of social and health services in staff support, monitoring oversight, and subcontracted training and consultation for community mental health ombudsman and quality review team services and state hospital mental health patient advocate or ombudsman-related services.

             (b) Costs and expenses, as referenced in this section, must include any and all expenses associated with the implementation and operation of the state mental health ombudsman program by the department of community, trade, and economic development, the office of mental health ombudsman, and its contractors or subcontractors. Any costs incurred in the planning and implementation of the state mental health ombudsman program while services are still being provided within the regional support networks and state hospitals must be made up out of the next fiscal year̓s total amount of the interagency agreement between the department of community, trade, and economic development with the department of social and health services.

             (c) Nothing in this section may be construed to prevent the solicitation and use of private funds by the office of mental health ombudsman. Any funds received from private sources may be expended in excess of the limitations imposed in this section.

 

             Renumber the sections consecutively and correct any internal references accordingly.

 

Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Ballasiotes; Conway; Darneille; Edmonds; Edwards; Marine; McMorris; Pennington and Ruderman.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Skinner, Republican Vice Chair; Alexander.

 

             Voting yea: Representatives Cody, Campbell, Schual-Berke, Ballasiotes, Conway, Darneille, Marine, McMorris, Pennington and Ruderman.

             Voting nay: Representatives Skinner and Alexander.

             Excused: Representatives Edmonds and Edwards.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

SSB 5533          Prime Sponsor, Senate Committee on Education: Posting and notification of pesticide applications at schools. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 17.21.020 and 1994 c 283 s 1 are each amended to read as follows:

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

             (1) "Agricultural commodity" means any plant or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.

             (2) "Agricultural land" means land on which an agricultural commodity is produced or land that is in a government-recognized conservation reserve program. This definition does not apply to private gardens where agricultural commodities are produced for personal consumption.

             (3) "Antimicrobial pesticide" means a pesticide that is used for the control of microbial pests, including but not limited to viruses, bacteria, algae, and protozoa, and is intended for use as a disinfectant or sanitizer.

             (4) "Apparatus" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in such land, but shall not include any pressurized handsized household device used to apply any pesticide, or any equipment, device, or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application, or any other small equipment, device, or contrivance that is transported in a piece of equipment licensed under this chapter as an apparatus.

             (((4))) (5) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

             (((5))) (6) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA or the director as a restricted use pesticide.

             (((6))) (7) "Commercial pesticide applicator" means any person who engages in the business of applying pesticides to the land of another.

             (((7))) (8) "Commercial pesticide operator" means any employee of a commercial pesticide applicator who uses or supervises the use of any pesticide and who is required to be licensed under provisions of this chapter.

             (((8))) (9) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.

             (((9))) (10) "Department" means the Washington state department of agriculture.

             (((10))) (11) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

             (((11))) (12) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, but not including equipment used for the application of pesticides when sold separately from the pesticides.

             (((12))) (13) "Direct supervision" by certified private applicators shall mean that the designated restricted use pesticide shall be applied for purposes of producing any agricultural commodity on land owned or rented by the applicator or the applicator's employer by a competent person acting under the instructions and control of a certified private applicator who is available if and when needed, even though such certified private applicator is not physically present at the time and place the pesticide is applied. The certified private applicator shall have direct management responsibility and familiarity of the pesticide, manner of application, pest, and land to which the pesticide is being applied. Direct supervision by all other certified applicators means direct on-the-job supervision and shall require that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. Direct supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.

             (((13))) (14) "Director" means the director of the department or a duly authorized representative.

             (((14))) (15) "Engage in business" means any application of pesticides by any person upon lands or crops of another.

             (((15))) (16) "EPA" means the United States environmental protection agency.

             (((16))) (17) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.

             (((17))) (18) "FIFRA" means the federal insecticide, fungicide and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).

             (((18))) (19) "Fumigant" means any pesticide product or combination of products that is a vapor or gas or forms a vapor or gas on application and whose method of pesticidal action is through the gaseous state.

             (((19))) (20) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, and yeasts, except those on or in a living person or other animals.

             (((20))) (21) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.

             (((21))) (22) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed or other higher plant.

             (((22))) (23) "Immediate service call" means a landscape application to satisfy an emergency customer request for service, or a treatment to control a pest to landscape plants.

             (((23))) (24) "Insect" means any small invertebrate animal, in any life stage, whose adult form is segmented and which generally belongs to the class insecta, comprised of six-legged, usually winged forms, as, for example, beetles, bugs, bees, and flies. The term insect shall also apply to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

             (((24))) (25) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insect.

             (((25))) (26) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices, and contrivances, appurtenant to or situated on, fixed or mobile, including any used for transportation.

             (((26))) (27) "Landscape application" means an application ((by a certified applicator)) of any EPA registered pesticide to any exterior landscape ((plants found)) area around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a) Applications made by certified private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control programs sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.

             (((27))) (28) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

             (((28))) (29) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts. Nematodes may also be called nemas or eelworms.

             (((29))) (30) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

             (((30))) (31) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form of plant or animal life or virus, except virus, bacteria, or other microorganisms on or in a living person or other animal or in or on processed food or beverages or pharmaceuticals, which is normally considered to be a pest, or which the director may declare to be a pest.

             (((31))) (32) "Pesticide" means, but is not limited to:

             (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any pest;

             (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

             (c) Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any pesticide as an aid to the application or effect thereof, and sold in a package or container separate from that of the pesticide with which it is to be used.

             (((32))) (33) "Pesticide advisory board" means the pesticide advisory board as provided for in this chapter.

             (((33))) (34) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

             (((34))) (35) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of any pesticide classified by the EPA or the director as a restricted use pesticide, for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

             (((35))) (36) "Private-commercial applicator" means a certified applicator who uses or supervises the use of any pesticide classified by the EPA or the director as a restricted use pesticide for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.

             (((36))) (37) "Residential property" includes property less than one acre in size zoned as residential by a city, town, or county, but does not include property zoned as agricultural or agricultural homesites.

             (((37))) (38) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

             (((38))) (39) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.

             (((39))) (40) "School facility" means any facility used for licensed day care center purposes or for the purposes of a public kindergarten or public elementary or secondary school. School facility includes the buildings or structures, playgrounds, landscape areas, athletic fields, school vehicles, or any other area of school property.

             (41) "Snails or slugs" include all harmful mollusks.

             (((40))) (42) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

             (((41))) (43) "Weed" means any plant which grows where it is not wanted.

 

             Sec. 2. RCW 17.21.410 and 1994 c 283 s 33 are each amended to read as follows:

             (1) A certified applicator making a landscape application to:

             (a) Residential property shall at the time of the application place a marker at the usual point of entry to the property. If the application is made to an isolated spot that is not a substantial portion of the property, the applicator shall only be required to place a marker at the application site. If the application is in a fenced or otherwise isolated backyard, no marker is required.

             (b) Commercial properties such as apartments or shopping centers shall at the time of application place a marker in a conspicuous location at or near each site being treated.

             (c) A golf course shall at the time of the application place a marker at the first tee and tenth tee or post the information in a conspicuous location such as on a central message board.

             (d) A school, nursery school, or licensed day care shall at the time of the application place a marker at each primary point of entry to the school grounds. A school employee making an application to a school facility shall comply with the posting requirements in section 3 of this act.

             (e) A park, cemetery, rest stop, or similar property as may be defined in rule shall at the time of the application place a marker at each primary point of entry.

             (2) An individual making a landscape application to a school grounds, nursery school, or licensed day care, and not otherwise covered by subsection (1) of this section, shall ((be required to comply with the posting requirements in subsection (1)(d) of this section)) at the time of the application place a marker at each primary point of entry to the school grounds.

             (3) The marker shall be a minimum of four inches by five inches. It shall have the words: "THIS LANDSCAPE HAS BEEN TREATED BY" as the headline and "FOR MORE INFORMATION PLEASE CALL" as the footer. Larger size requirements for markers may be established in rule for specific applications. The company name and service mark ((with the applicator's telephone number where information can be obtained)) shall be included between the headline and the footer on ((the marker. The letters and service marks)) a marker placed by a commercial applicator. The applicator's telephone number where information can be obtained about the application shall be included in the footer of the marker. Markers shall be printed in colors contrasting to the background.

             (4) The property owner or tenant shall remove the marker according to the schedule established in rule. A ((commercial)) certified applicator or individual who complies with this section is not liable for the removal of markers by unauthorized persons or removal outside the designated removal time.

             (5) A certified applicator or individual who complies with this section cannot be held liable for personal property damage or bodily injury resulting from markers that are placed as required.

 

             NEW SECTION. Sec. 3. A new section is added to chapter 17.21 RCW to read as follows:

             (1) As used in this section, "school" means a licensed day care center or a public kindergarten or a public elementary or secondary school.

             (2) A school shall provide written notification annually or upon enrollment to parents or guardians of students and employees describing the school's pest control policies and methods, including the posting and notification requirements of this section.

             (3) A school shall establish a notification system that, as a minimum, notifies interested parents or guardians of students and employees at least forty-eight hours before a pesticide application to a school facility. The notification system shall include posting of the notification in a prominent place in the main office of the school.

             (4) All notifications to parents, guardians, and employees shall include the heading "Notice: Pesticide Application" and, at a minimum, shall state:

             (a) The product name of the pesticide to be applied;

             (b) The intended date and time of application;

             (c) The location to which the pesticide is to be applied;

             (d) The pest to be controlled; and

             (e) The name and phone number of a contact person at the school.

             (5) A school facility application must be made within forty-eight hours following the intended date and time stated in the notification or the notification process shall be repeated.

             (6) A school shall, at the time of application, post notification signs for all pesticide applications made to school facilities unless the application is otherwise required to be posted by a certified applicator under the provisions of RCW 17.21.410(1)(d).

             (a) Notification signs for applications made to school grounds by school employees shall be placed at the location of the application and at each primary point of entry to the school grounds. The signs shall be a minimum of four inches by five inches and shall include the words: "THIS LANDSCAPE HAS BEEN RECENTLY SPRAYED OR TREATED WITH PESTICIDES BY YOUR SCHOOL" as the headline and "FOR MORE INFORMATION PLEASE CALL" as the footer. The footer shall provide the name and telephone number of a contact person at the school.

             (b) Notification signs for applications made to school facilities other than school grounds shall be posted at the location of the application. The signs shall be a minimum of eight and one-half by eleven inches and shall include the heading "Notice: Pesticide Application" and, at a minimum, shall state:

             (i) The product name of the pesticide applied;

             (ii) The date and time of application;

             (iii) The location to which the pesticide was applied;

             (iv) The pest to be controlled; and

             (v) The name and phone number of a contact person at the school.

             (c) Notification signs shall be printed in colors contrasting to the background.

             (d) Notification signs shall remain in place for at least twenty-four hours from the time the application is completed. In the event the pesticide label requires a restricted entry interval greater than twenty-four hours, the notification sign shall remain in place consistent with the restricted entry interval time as required by the label.

             (7) A school facility application does not include the application of antimicrobial pesticides or the placement of insect or rodent baits that are not accessible to children.

             (8) The prenotification requirements of this section do not apply if the school facility application is made when the school is not occupied by students for at least two consecutive days after the application.

             (9) The prenotification requirements of this section do not apply to any emergency school facility application for control of any pest that poses an immediate human health or safety threat, such as an application to control stinging insects. When an emergency school facility application is made, notification consistent with the school's notification system shall occur as soon as possible after the application. The notification shall include information consistent with subsection (6)(b) of this section.

             (10) A school shall make the records of all pesticide applications to school facilities required under this chapter, including an annual summary of the records, readily accessible to interested persons.

             (11) A school is not liable for the removal of signs by unauthorized persons. A school that complies with this section may not be held liable for personal property damage or bodily injury resulting from signs that are placed as required.

 

             NEW SECTION. Sec. 4. A new section is added to chapter 28A.320 RCW to read as follows:

             Schools as defined in section 3 of this act shall provide notice of pesticide use to parents or guardians of students and employees pursuant to chapter 17.21 RCW.

 

             NEW SECTION. Sec. 5. A new section is added to chapter 74.15 RCW to read as follows:

             Licensed day care centers shall provide notice of pesticide use to parents or guardians of students and employees pursuant to chapter 17.21 RCW.

 

             NEW SECTION. Sec. 6. Except for section 7 of this act, this act takes effect July 1, 2002.

 

             NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."

 

             On page 1, line 2 of the title, after "schools;" strike the remainder of the title and insert "amending RCW 17.21.020 and 17.21.410; adding a new section to chapter 17.21 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 74.15 RCW; creating a new section; and providing an effective date."

 

Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Quall; Roach and Sump.

 

MINORITY recommendation: Without recommendation. Signed by Representative Schoesler.

 

             Voting yea: Representatives G. Chandler, Linville, Cooper, Mielke, B. Chandler, Delvin, Dunshee, Grant, Hunt, Quall, Roach and Sump.

             Voting nay: Representative Schoesler.

             Excused: Representative Kirby.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

SSB 5543          Prime Sponsor, Senate Committee on Education: Improving student safety. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. The legislature finds that a supportive learning environment enhances student academic achievement. A supportive learning environment is one that is safe, civil, healthy, and intellectually stimulating where students are engaged in learning and are committed to acquiring the knowledge, attitudes, skills, and behaviors to succeed in the twenty-first century.

             The legislature intends to improve the student learning environment by helping school districts implement comprehensive safe school plans that assist schools in providing a safe learning environment.

 

             NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

             A consistent comprehensive approach to school safety includes a comprehensive safe school plan and implementation of the plan covering prevention, intervention, all hazards and crisis response, and postcrisis recovery. Staff, students, parents, the community, law enforcement, and emergency preparedness shall be involved in the development and implementation of the plan.

 

             NEW SECTION. Sec. 3. A new section is added to chapter 28A.320 RCW to read as follows:

             (1) To the extent funds are appropriated for this purpose, each local school board shall establish a policy requiring that each school in its district develop a written comprehensive safe school plan consistent with this section.

             (2) The school district board of directors shall establish a process for approval of individual school plans. Plans shall be approved by September 1, 2002. Once approved, the school district shall develop a process to inform students, staff, volunteers, and parents about its comprehensive safe school plans.

             (3) Each school shall annually conduct an evaluation of its comprehensive safe school plan and conduct reviews, drills, or simulated practices in coordination with local fire, law enforcement, medical, and emergency management agencies. Districts also shall annually provide information on the implementation and evaluation of the plans to parents and students.

             (4) Each school shall maintain a copy of its comprehensive safe school plan and documentation of yearly reviews, drills, or simulated practices within the office of the school principal and shall make a copy of the report available for review upon written request.

 

             NEW SECTION. Sec. 4. A new section is added to chapter 28A.300 RCW to read as follows:

             To the extent funds are appropriated for this purpose, a school safety center shall be established to provide school districts with: The assistance necessary to create a consistent, comprehensive approach to school safety for every school and every school district; the means to share safety information among school districts; and a process for schools to effectively integrate safe school planning with emergency preparedness personnel, the criminal justice training commission, and local, county, and state law enforcement officers.

             The safety center shall disseminate successful models of school safety plans and cooperative efforts; provide assistance to schools to establish a comprehensive safe school plan; select models of cooperative efforts that have been proven successful; act as an information dissemination and resource center when an incident occurs in a school district either in Washington or in another state; coordinate activities relating to school safety; review and approve manuals and curricula used for school safety models and training; and develop and maintain a school safety information web site.

             The school safety center shall be established in the office of the superintendent of public instruction. The superintendent of public instruction shall appoint and participate in a school safety center advisory committee that includes, but is not limited to, representatives of educators, other school staff, administrators, the American society for industrial security, the state criminal justice training commission, law enforcement agencies, and others deemed appropriate and approved by the school safety center advisory committee. The advisory committee shall select a chair.

             The school safety center advisory committee shall develop a training program, using the best practices in school safety, for all school safety personnel.

 

             NEW SECTION. Sec. 5. A new section is added to chapter 28A.320 RCW to read as follows:

             To the extent funds are appropriated, a per pupil allocation shall be distributed to each school district, however no school district may be allocated less than two thousand dollars. School districts shall use the funds to carry out district activities to develop and implement a comprehensive safe school plan.

 

             NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."

 

             Correct the title.

 

Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Anderson, Republican Vice Chair; Cox; Ericksen; Keiser; Pearson; Rockefeller; Santos and Schual-Berke.

 

             Voting yea: Representatives Quall, Talcott, Anderson, Haigh, Cox, Ericksen, Keiser, McDermott, Pearson, Rockefeller, Santos, Schmidt and Schual-Berke.

             Voting nay: Representative Schindler.

 

             Referred to Committee on Appropriations.

 

March 30, 2001

SSB 5558          Prime Sponsor, Senate Committee on Judiciary: Clarifying penalty procedures for alcohol violators. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.

 

             On page 2, beginning on line 32, strike section 2

 

             Correct the title accordingly.

 

Signed by Representatives Carrell, Republican Co-Chair; Lantz, Democratic Co-Chair; Hurst, Democratic Vice Chair; Boldt; Casada; Esser; Lovick and McDermott.

 

MINORITY recommendation: Without recommendation. Signed by Representative Lambert, Republican Vice Chair.

 

             Voting yea: Representatives Boldt, Carrell, Casada, Dickerson, Esser, Hurst, Lantz, Lovick, and McDermott.

             Voting nay: Representative Lambert.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESSB 5566       Prime Sponsor, Senate Committee on Health & Long-Term Care: Requiring uniform prescription drug information cards. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Skinner, Republican Vice Chair; Alexander; Ballasiotes; Conway; Darneille; Edmonds; Edwards; Marine; McMorris; Pennington and Ruderman.

 

             Voting yea: Representatives Cody, Campbell, Schual-Berke, Skinner, Alexander, Ballasiotes, Conway, Darneille, Edwards, Marine, McMorris, Pennington and Ruderman.

             Excused: Representative Edmonds.

 

             Referred to Committee on Appropriations.

 

March 28, 2001

SSB 5572          Prime Sponsor, Senate Committee on Transportation: Authorizing Crime Stoppers signs in view of specified highway systems. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; Edmonds; Haigh; Hatfield; Hurst; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Rockefeller; Romero; Schindler; Simpson; Skinner; Sump; Wood and Woods.

 

             Voting yea: Representatives Ahern, Anderson, Armstrong, Cooper, Edmonds, Ericksen, Fisher, Haigh, Hankins, Hatfield, Hurst, Jackley, Jarrett, Lovick, Marine, Mielke, Mitchell, Morell, Murray, Ogden, Rockefeller, Romero, Schindler, Simpson, Skinner, Sump, Wood, and Woods.

             Excused: Representatives G. Chandler, and Reardon.

 

             Passed to Committee on Rules for second reading.

 

March 30, 2001

SSB 5573          Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Authorizing raffles by student groups and public hospital districts. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.

 

             On page 1, line 9, after "fide" insert "charitable"

 

             On page 2, line 3, after "body" strike "fund program" and insert "program fund"

 

Signed by Representatives Conway, Democratic Co-Chair; Wood, Democratic Vice Chair; Hunt; Kenney and Lisk.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Clements, Republican Co-Chair; B. Chandler, Republican Vice Chair; McMorris.

 

             Voting yea: Representatives Conway, Wood, Hunt, Kenney and Lisk.

             Voting nay: Representatives Clements, B. Chandler and McMorris.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

SB 5582            Prime Sponsor, Senator Roach: Authorizing the conditional employment of teachers with lapsed certificates. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.

 

             "Sec. 1. RCW 28A.410.010 and 1992 c 159 s 3 and 1992 c 60 s 2 are each reenacted and amended to read as follows:

             (1) The state board of education shall establish, publish, and enforce rules ((and regulations)) determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law((.)) subject to the following conditions:

             (a) The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application.

             (b) The rules shall permit a holder of a lapsed certificate who has separated from service with a school district or approved private school located in the state of Washington to be employed on a conditional basis for a maximum of two years by a school district or approved private school under the following conditions:

             (i) The holder's certificate has not been suspended or revoked;

             (ii) The holder has successfully completed state-mandated background checks;

             (iii) The holder must complete any certificate renewal requirements established by the state board of education within two years of initial reemployment, and must develop and file with the employer a mutually agreed upon written plan for achieving the requirements within the allotted time; and

             (iv) If hired by a school district, the holder shall be employed under a one-year provisional contract that may be renewed no more than once. The holder must make satisfactory progress toward the achievement of the certificate renewal requirements before the provisional contract may be renewed.

             (2) In establishing rules pertaining to the qualifications of instructors of American sign language the state board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.

             (3) The superintendent of public instruction shall act as the administrator of any such rules ((and regulations)) and have the power to issue any certificates or permits and revoke the same in accordance with board rules ((and regulations))."

 

             On page 1, line 2 of the title, after "certificates;" strike the remainder of the title and insert "and reenacting and amending RCW 28A.410.010."

 

Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Anderson, Republican Vice Chair; Haigh, Democratic Vice Chair; Cox; Ericksen; Keiser; McDermott; Pearson; Rockefeller; Santos; Schindler and Schmidt.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Schual-Berke.

 

             Voting yea: Representatives Anderson, Cox, Ericksen, Haigh, Keiser, McDermott, Pearson, Quall, Rockefeller, Santos, Schindler, Schmidt, and Talcott.

             Voting nay: Representative Schual-Berke.

 

             Passed to Committee on Rules for second reading.

 

March 29, 2001

ESSB 5583       Prime Sponsor, Senate Committee on Human Services & Corrections: Implementing recommendations of the joint legislative audit and review committee's performance audit of the public mental health system. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.

 

             On page 2, line 21, strike New Section 5 and renumber the remaining sections accordingly.

 

             On page 9, after line 17, insert the following:

             "NEW SECTION. Sec. 8. RCW 71.24.155 (Grants to counties--Accounting) and 1987 c 505 s 65, 1986 c 274 s 9, & 1982 c 204 s 9 71.24.155 are each repealed."

 

             Renumber the remaining section accordingly and correct internal references.

 

Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Skinner, Republican Vice Chair; Alexander; Ballasiotes; Conway; Darneille; Edmonds; Edwards; Marine; McMorris; Pennington and Ruderman.

 

             Voting yea: Representatives Alexander, Ballasiotes, Campbell, Cody, Conway, Darneille, Edwards, Marine, McMorris, Pennington, Ruderman, Schual-Berke, and Skinner.

             Excused: Representative Edmonds.

 

             Referred to Committee on Appropriations.

 

March 29, 2001

E2SSB 5593     Prime Sponsor, Senate Committee on Ways & Means: Changing the public accountancy act. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Commerce & Labor.

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 18.04.015 and 1992 c 103 s 1 are each amended to read as follows:

             (1) It is the policy of this state and the purpose of this chapter:

             (a) To promote the dependability of information which is used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public, private or governmental; and

             (b) To protect the public interest by requiring that:

             (i) Persons who hold themselves out ((to the public)) as ((certified public accountants who offer to perform, or perform for clients, professional services, including but not limited to one or more kinds of services involving the use of accounting or auditing skills, including the issuance of "audit reports," "review reports," or "compilation reports" on financial statements, or one or more kinds of management advisory, or consulting services, the preparation of tax returns, or the furnishing of advice on tax matters, perform such services)) licensees or certificate holders conduct themselves in a competent, ethical, and professional manner;

             (ii) A public authority be established that is competent to prescribe and assess the qualifications of certified public accountants, including certificate holders who are not licensed for the practice of public accounting;

             (iii) Persons other than ((certified public accountants)) licensees refrain from using the words "audit," "review," and "compilation" when designating a report customarily prepared by someone knowledgeable in accounting; ((and))

             (iv) A public authority be established to provide for consumer alerts and public protection information to be published regarding persons or firms who violate the provisions of this act or board rule and to provide general consumer protection information to the public; and

             (v) The use of accounting titles likely to confuse the public be prohibited.

             (2) The purpose of this act is to make revisions to chapter 234, Laws of 1983 and chapter 103, Laws of 1992 to: Fortify the public protection provisions of this act; establish one set of qualifications to be a licensee; revise the regulations of certified public accountants; make revisions in the ownership of certified public accounting firms; assure to the greatest extent possible that certified public accountants from Washington state are substantially equivalent with certified public accountants in other states and can therefore perform the duties of certified public accountants in as many states and countries as possible; assure certified public accountants from other states and countries have met qualifications that are substantially equivalent to the certified public accountant qualifications of this state; and clarify the authority of the board of accountancy with respect to the activities of persons holding licenses and certificates under this chapter. It is not the intent of this act to in any way restrict or limit the activities of persons not holding licenses or certificates under this chapter except as otherwise specifically restricted or limited by chapter 234, Laws of 1983 and chapter 103, Laws of 1992.

             (3) A purpose of chapter 103, Laws of 1992, revising provisions of chapter 234, Laws of 1983, is to clarify the authority of the board of accountancy with respect to the activities of persons holding certificates under this chapter. Furthermore, it is not the intent of chapter 103, Laws of 1992 to in any way restrict or limit the activities of persons not holding certificates under this chapter except as otherwise specifically restricted or limited by chapter 234, Laws of 1983.

 

             Sec. 2. RCW 18.04.025 and 1999 c 378 s 1 are each amended to read as follows:

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

             (1) "Board" means the board of accountancy created by RCW 18.04.035.

             (2) "Certificate holder" means the holder of a certificate as a certified public accountant who has not become a licensee, has maintained CPE requirements, and who does not practice public accounting.

             (3) "Certified public accountant" or "CPA" means a person holding a certified public accountant license or certificate.

             (((3))) (4) "State" includes the states of the United States, the District of Columbia, Puerto Rico, Guam, and the United States Virgin Islands.

             (((4))) (5) "Reports on financial statements" means any reports or opinions prepared by ((certified public accountants)) licensees, based on services performed in accordance with generally accepted auditing standards, standards for attestation engagements, or standards for accounting and review services as to whether the presentation of information used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public, private, or governmental, conforms with generally accepted accounting principles or other comprehensive bases of accounting. "Reports on financial statements" does not include services referenced in RCW 18.04.350(6) provided by persons not holding a license under this chapter.

             (((5))) (6) The "practice of public accounting" means performing or offering to perform by a person or firm holding itself out to the public as a licensee, for a client or potential client, one or more kinds of services involving the use of accounting or auditing skills, including the issuance of "audit reports," "review reports," or "compilation reports" on financial statements, or one or more kinds of management advisory, or consulting services, or the preparation of tax returns, or the furnishing of advice on tax matters. The "practice of public accounting" shall not include practices that are permitted under the provisions of RCW 18.04.350(6) by persons or firms not required to be licensed under this chapter.

             (((6))) (7) "Firm" means a sole proprietorship, a corporation, or a partnership. "Firm" also means a limited liability company formed under chapter 25.15 RCW.

             (((7))) (8) "CPE" means continuing professional education.

             (((8))) (9) "Certificate" means a certificate as a certified public accountant issued prior to July 1, 2001, as authorized under the provisions of this chapter((, or a corresponding certificate issued by another state or foreign jurisdiction that is recognized in accordance with the reciprocity provisions of RCW 18.04.180 and 18.04.183)).

             (((9))) (10) "Licensee" means the holder of a ((valid)) license to practice public accountancy issued under this chapter.

             (((10))) (11) "License" means a license to practice public accountancy issued to an individual under this chapter, or a license issued to a firm under this chapter.

             (((11))) (12) "Manager" means a manager of a limited liability company licensed as a firm under this chapter.

             (13) "NASBA" means the national association of state boards of accountancy.

             (14) "Quality assurance review" means a process established by and conducted at the direction of the board of study, appraisal, or review of one or more aspects of the ((professional)) attest work of a ((person)) licensee or licensed firm in the practice of public accountancy by a person or persons who hold ((certificates)) licenses and who are not affiliated with the person or firm being reviewed.

             (((12) "Quality review")) (15) "Peer review" means a study, appraisal, or review of one or more aspects of the ((professional)) attest work of a ((person)) licensee or licensed firm in the practice of public accountancy by a person or persons who hold ((certificates)) licenses and who are not affiliated with the person or firm being reviewed, including a peer review, or any internal review or inspection intended to comply with quality control policies and procedures, but not including the "quality assurance review" under subsection (((11))) (14) of this section.

             (((13))) (16) "Review committee" means any person carrying out, administering or overseeing a ((quality)) peer review authorized by the reviewee.

             (((14))) (17) "Rule" means any rule adopted by the board under authority of this chapter.

             (((15))) (18) "Holding out" means any representation to the public by the use of restricted titles as set forth in RCW 18.04.345 by a person or firm that the person or firm ((is a certified public accountant)) holds a license under this chapter and that the person or firm offers to perform any professional services to the public as a ((certified public accountant)) licensee. "Holding out" shall not affect or limit ((a person not required to hold a certificate under this chapter or)) a person or firm not required to hold a license under this chapter from engaging in practices identified in RCW 18.04.350(((6))).

             (19) "Natural person" means a living, human being.

             (20) "Inactive" means the certificate is in an inactive status because a person who held a valid certificate before July 1, 2001, has not met the current requirements of licensure and has been granted inactive certificate holder status through an approval process established by the board.

 

             Sec. 3. RCW 18.04.035 and 1992 c 103 s 3 are each amended to read as follows:

             (1) There is created a board of accountancy for the state of Washington to be known as the Washington state board of accountancy. Effective June 30, 2001, the board shall consist of ((seven)) nine members appointed by the governor. Members of the board shall include ((four)) six persons who ((hold valid certified public accountant certificates and have been in public practice as certified public accountants)) have been licensed in this state continuously for the previous ten years ((and two persons who have held a valid certified public accountant's certificate in this state for at least ten years)). ((The seventh)) Three members shall be ((the)) public members ((and shall be a person who is)) qualified to judge whether the qualifications, activities, and professional practice of those regulated under this chapter conform with standards to protect the public interest, including one public member qualified to represent the interests of clients of individuals and firms licensed under this chapter.

             (2) The members of the board ((of accountancy)) shall be appointed by the governor to a term of three years. Vacancies occurring during a term shall be filled by appointment for the unexpired term. Upon the expiration of a member's term of office, the member shall continue to serve until a successor has been appointed and has assumed office. The governor shall remove from the board any member whose ((certificate or)) license to practice has been revoked or suspended and may, after hearing, remove any member of the board for neglect of duty or other just cause. No person who has served two successive complete terms is eligible for reappointment. Appointment to fill an unexpired term is not considered a complete term. In order to stagger their terms, of the two new appointments made to the board upon June 11, 1992, the first appointed member shall serve a term of two years initially.

 

             Sec. 4. RCW 18.04.045 and 1992 c 103 s 4 are each amended to read as follows:

             (1) The board shall annually elect a chair, a vice-chair, and a secretary from its members.

             (2) A majority of the board constitutes a quorum for the transaction of business.

             (3) The board shall have a seal which shall be judicially noticed.

             (4) The board shall keep records of its proceedings, and of any proceeding in court arising from or founded upon this chapter. Copies of these records certified as correct under the seal of the board are admissible in evidence as tending to prove the content of the records.

             (5) The governor shall appoint an executive director of the board, who shall serve at the pleasure of the governor. The executive director may employ such personnel as is appropriate for carrying out the purposes of this chapter. The executive director shall hold a valid Washington ((CPA certificate)) license. The board may arrange for such volunteer assistance as it requires to perform its duties. Individuals or committees assisting the board constitute volunteers for purposes of chapter 4.92 RCW.

             (6) The board shall file an annual report of its activities with the governor. The report shall include, but not be limited to, a statement of all receipts and disbursements. Upon request, the board shall mail a copy of each annual report to any member of the public.

             (7) In making investigations concerning alleged violations of the provisions of this chapter and in all proceedings under RCW 18.04.295 or chapter 34.05 RCW, the board chair, or a member of the board, or a board designee acting in the chair's place, may administer oaths or affirmations to witnesses appearing before the board, subpoena witnesses and compel their attendance, take testimony, and require that documentary evidence be submitted.

             (8) The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If as a result of such review the board discovers reasonable grounds for a more specific investigation, the board may proceed under its investigative and disciplinary rules.

             (9) The board may provide for consumer alerts and public protection information to be published regarding persons or firms who violate the provisions of this chapter or board rule and may provide general consumer protection information to the public.

             (10) As provided in RCW 18.04.370, the board may enter into stipulated agreements and orders of assurance with persons who have violated the provisions of RCW 18.04.345 or certify the facts to the prosecuting attorney of the county in which such person resides for criminal prosecution.

 

             Sec. 5. RCW 18.04.055 and 1992 c 103 s 5 are each amended to read as follows:

             The board may adopt and amend rules under chapter 34.05 RCW for the orderly conduct of its affairs. The board shall prescribe rules consistent with this chapter as necessary to implement this chapter. Included may be:

             (1) Rules of procedure to govern the conduct of matters before the board;

             (2) Rules of professional conduct for all ((certificate and license holders)) licensees, certificate holders, and nonlicensee owners of licensed firms, in order to establish and maintain high standards of competence and ethics ((of certified public accountants)) including rules dealing with independence, integrity, objectivity, and freedom from conflicts of interest;

             (3) Rules specifying actions and circumstances deemed to constitute holding oneself out as a licensee in connection with the practice of public accountancy;

             (4) Rules specifying the manner and circumstances of the use of the titles "certified public accountant" and "CPA," by holders of certificates who do not also hold licenses under this chapter;

             (5) Rules specifying the educational requirements to take the certified public accountant examination ((or for the issuance of the certificate or license of certified public accountant));

             (6) Rules designed to ensure that ((certified public accountants')) licensees' "reports on financial statements" meet the definitional requirements for that term as specified in RCW 18.04.025;

             (7) Requirements for ((continuing professional education)) CPE to maintain or improve the professional competence of ((certificate and license holders)) licensees as a condition to maintaining their ((certificate or)) license ((to practice)) and certificate holders as a condition to maintaining their certificate under RCW 18.04.215;

             (8) Rules governing ((sole proprietors, partnerships, and corporations practicing public accounting)) firms issuing or offering to issue reports on financial statements or using the title "certified public accountant" or "CPA" including, but not limited to, rules concerning their style, name, title, and affiliation with any other organization, and establishing reasonable practice and ethical standards to protect the public interest;

             (9) The board may by rule implement a quality assurance review program as a means to monitor licensees' quality of practice and compliance with professional standards. The board may exempt from such program, licensees who undergo periodic ((quality)) peer reviews in programs of the American Institute of Certified Public Accountants, ((National Association of State Boards of Accountancy)) NASBA, or other programs recognized and approved by the board;

             (10) The board may by rule require licensed firms to obtain professional liability insurance if in the board's discretion such insurance provides additional and necessary protection for the public; ((and))

             (11) Rules specifying the experience requirements in order to qualify for a license;

             (12) Rules specifying the requirements for certificate holders to qualify for a license under this chapter which must include provisions for meeting CPE and experience requirements prior to application for licensure;

             (13) Rules specifying the registration requirements, including ethics examination and fee requirements, for resident nonlicensee partners, shareholders, and managers of licensed firms;

             (14) Rules specifying the ethics CPE requirements for certificate holders and owners of licensed firms, including the process for reporting compliance with those requirements;

             (15) Rules specifying the experience and CPE requirements for licensees offering or issuing reports on financial statements; and

             (16) Any other rule which the board finds necessary or appropriate to implement this chapter.

 

             Sec. 6. RCW 18.04.065 and 1992 c 103 s 6 are each amended to read as follows:

             The board shall set its fees at a level adequate to pay the costs of administering this chapter. ((Beginning in the 1993-95 biennium,)) All fees for ((certified public accountants')) licenses, ((certificates,)) registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of licenses, renewals of registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of certificates, reinstatements of lapsed licenses, reinstatements of lapsed certificates, reinstatements of lapsed registrations of nonlicensee partners, shareholders, and managers of licensed firms, practice privileges under RCW 18.04.350, and delinquent filings received under the authority of this chapter shall be deposited in the certified public accountants' account created by RCW 18.04.105. Appropriation from such account shall be made only for the cost of administering the provisions of this chapter.

 

             Sec. 7. RCW 18.04.105 and 2000 c 171 s 2 are each amended to read as follows:

             (1) ((The certificate of "certified public accountant")) A license to practice public accounting shall be granted by the board to any person:

             (a) Who is of good character. Good character, for purposes of this section, means lack of a history of dishonest or felonious acts. The board may refuse to grant a ((certificate)) license on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good character of the applicant and the professional and ethical responsibilities of a ((certified public accountant)) licensee and if the finding by the board of lack of good character is supported by a preponderance of evidence. When an applicant is found to be unqualified for a ((certificate)) license because of a lack of good character, the board shall furnish the applicant a statement containing the findings of the board and a notice of the applicant's right of appeal;

             (b) Who has met the educational standards established by rule as the board determines to be appropriate;

             ((The board may, in its discretion, waive the educational requirements for any person if it is satisfied through review of documentation of successful completion of an equivalency examination that the person's educational qualifications are an acceptable substitute for the requirements of (b) of this subsection; and))

             (c) Who has passed ((a written)) an examination;

             (d) Who has had one year of experience which is gained:

             (i) Through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills;

             (ii) While employed in government, industry, academia, or public practice; and

             (iii) Meeting the competency requirements in a manner as determined by the board to be appropriate and established by board rule; and

             (e) Who has paid appropriate fees as established by rule by the board.

             (2) The examination described in subsection (1)(c) of this section ((shall be in writing, shall be held twice a year, and)) shall test the applicant's knowledge of the subjects of accounting and auditing, and other related fields the board may specify by rule. The time for holding the examination is fixed by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and taking the examination, including methods for grading ((papers)) examinations and determining a passing grade required of an applicant for a ((certificate)) license. The board shall to the extent possible see to it that the grading of the examination, and the passing grades, are uniform with those applicable to all other states. The board may make use of all or a part of the uniform certified public accountant examination and advisory grading service of the American Institute of Certified Public Accountants and may contract with third parties to perform administrative services with respect to the examination as the board deems appropriate to assist it in performing its duties under this chapter. The board shall establish by rule provisions for transitioning to a new examination structure or to a new media for administering the examination.

             (3) ((An applicant is required to pass all sections of the examination provided for in subsection (2) of this section in order to qualify for a certificate. If at a given sitting of the examination an applicant passes two or more but not all sections, then the applicant shall be given credit for those sections that he or she passed, and need not take those sections again: PROVIDED, That:

             (a) The applicant took all sections of the examination at that sitting;

             (b) The applicant attained a minimum grade of fifty on each section not passed at that sitting;

             (c) The applicant passes the remaining sections of the examination within six consecutive examinations given after the one at which the first sections were passed;

             (d) At each subsequent sitting at which the applicant seeks to pass additional sections, the applicant takes all sections not yet passed; and

             (e) In order to receive credit for passing additional sections in a subsequent sitting, the applicant attains a minimum grade of fifty on sections written but not passed on the sitting.

             (4) The board may waive or defer any of the requirements of subsection (3) of this section for candidates transferring conditional CPA exam credits from other states or for qualifying reciprocity certification applicants who met the conditioning requirements of the state or foreign jurisdiction issuing their original certificate.

             (5))) The board shall charge each applicant an examination fee for the initial examination ((under subsection (1) of this section,)) or for reexamination ((under subsection (3) of this section for each subject in which the applicant is reexamined)). The applicable fee shall be paid by the person at the time he or she applies for examination, reexamination, or evaluation of educational qualifications. Fees for examination, reexamination, or evaluation of educational qualifications shall be determined by the board under chapter 18.04 RCW. There is established in the state treasury an account to be known as the certified public accountants' account. All fees received from candidates to take any or all sections of the certified public accountant examination shall be used only for costs related to the examination.

             (((6) Persons who on June 30, 1986, held certified public accountant certificates previously issued under the laws of this state shall not be required to obtain additional certificates under this chapter, but shall otherwise be subject to this chapter. Certificates previously issued shall, for all purposes, be considered certificates issued under this chapter and subject to its provisions.

             (7) A certificate of a "certified public accountant" under this chapter is issued every three years with renewal subject to requirements of continuing professional education and payment of fees, prescribed by the board.

             (8) The board shall adopt rules providing for continuing professional education for certified public accountants. The rules shall:

             (a) Provide that a certified public accountant shall verify to the board that he or she has completed at least an accumulation of one hundred twenty hours of continuing professional education during the last three-year period to maintain the certificate;

             (b) Establish continuing professional education requirements;

             (c) Establish when newly certificated public accountants shall verify that they have completed the required continuing professional education;

             (d) Provide that failure to furnish verification of the completion of the continuing professional education requirement shall make the certificate invalid and subject to reinstatement, unless the board determines that the failure was due to retirement, reasonable cause, or excusable neglect; and

             (e) Provide for transition from existing to new continuing professional education requirements.

             (9) The board may adopt by rule new CPE standards that differ from those in subsection (8) of this section or RCW 18.04.215 if: (a) The new standards are consistent with the continuing professional education standards of other states so as to provide to the greatest extent possible, consistent national standards; and (b) the new standards are at least as strict as the standards set forth in subsection (8) of this section or RCW 18.04.215.))

             (4) Persons who on June 30, 2001, held valid certificates previously issued under this chapter shall be deemed to be certificate holders, subject to the following:

             (a) Certificate holders may, prior to June 30, 2004, petition the board to become licensees by documenting to the board that they have gained one year of experience through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills, without regard to the eight-year limitation set forth in (b) of this subsection, while employed in government, industry, academia, or public practice.

             (b) Certificate holders who do not petition to become licensees prior to June 30, 2004, may after that date petition the board to become licensees by documenting to the board that they have one year of experience acquired within eight years prior to applying for a license through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills in government, industry, academia, or public practice.

             (c) Certificate holders who petition the board pursuant to (a) or (b) of this subsection must also meet competency requirements in a manner as determined by the board to be appropriate and established by board rule.

             (d) Any certificate holder petitioning the board pursuant to (a) or (b) of this subsection to become a licensee must submit to the board satisfactory proof of having completed an accumulation of one hundred twenty hours of CPE during the thirty-six months preceding the date of filing the petition.

             (e) Any certificate holder petitioning the board pursuant to (a) or (b) of this subsection to become a licensee must pay the appropriate fees established by rule by the board.

             (5) Certificate holders shall comply with the prohibition against the practice of public accounting in RCW 18.04.345.

             (6) Persons who on June 30, 2001, held valid certificates previously issued under this chapter are deemed to hold inactive certificates, subject to renewal as inactive certificates, until they have petitioned the board to become licensees and have met the requirements of subsection (4) of this section. No individual who did not hold a valid certificate before July 1, 2001, is eligible to obtain an inactive certificate.

             (7) Persons deemed to hold inactive certificates under subsection (6) of this section shall comply with the prohibition against the practice of public accounting in subsection (8)(b) of this section and RCW 18.04.345, but are not required to display the term inactive as part of their title, as required by subsection (8)(a) of this section until renewal. Certificates renewed to any persons after June 30, 2001, are inactive certificates and the inactive certificate holders are subject to the requirements of subsection (8) of this section.

             (8) Persons holding an inactive certificate:

             (a) Must use or attach the term "inactive" whenever using the title CPA or certified public accountant or referring to the certificate, and print the word "inactive" immediately following the title, whenever the title is printed on a business card, letterhead, or any other document, including documents published or transmitted through electronic media, in the same font and font size as the title; and

             (b) Are prohibited from practicing public accounting.

 

             Sec. 8. RCW 18.04.180 and 1992 c 103 s 8 are each amended to read as follows:

             (1) The board shall issue a ((certificate to a holder of a certificate issued by another state, or shall issue a certificate and)) license to a holder of a certificate/valid license issued by another state that entitles the holder to practice public accountancy, provided that:

             (((1))) (a) Such state makes similar provision to grant reciprocity to a holder of a ((certificate or)) valid certificate ((and valid)) or license in this state; ((and

             (2))) (b) The applicant meets the ((continuing professional education)) CPE requirements of RCW ((18.04.105(8))) 18.04.215(5); ((and

             (3) If the application is for a certificate only:

             (a) The applicant passed the examination required for issuance of his or her certificate with grades that would have been passing grades at that time in this state; and

             (b) The applicant: Meets all current requirements in this state for issuance of a certificate at the time application is made; or at the time of the issuance of the applicant's certificate in the other state, met all the requirements then applicable in this state; or

             (4) If the application is for a certificate and license:

             (a))) (c) The applicant meets the good character requirements of RCW 18.04.105(1)(a); and

             (d) The applicant passed the examination required for issuance of his or her certificate or license with grades that would have been passing grades at that time in this state((;)) and

             (((b) The applicant:)) meets all current requirements in this state for issuance of a license at the time application is made; or at the time of the issuance of the applicant's license in the other state, met all the requirements then applicable in this state; or has had five years of experience within the ten years immediately preceding application in the practice of public accountancy that meets the requirements prescribed by the board.

             (2) The board may accept NASBA's designation of the applicant as substantially equivalent to national standards as meeting the requirement of subsection (1)(d) of this section.

             (3) A licensee who has been granted a license under the reciprocity provisions of this section shall notify the board within thirty days if the license or certificate issued in the other jurisdiction has lapsed or if the status of the license or certificate issued in the other jurisdiction becomes otherwise invalid.

 

             Sec. 9. RCW 18.04.183 and 1999 c 378 s 3 are each amended to read as follows:

             The board shall grant a ((certificate or)) license as a certified public accountant to a holder of a permit, license, or certificate issued by a foreign country's board, agency, or institute, provided that:

             (1) The foreign country where the foreign permit, license, or certificate was issued is a party to an agreement on trade with the United States that encourages the mutual recognition of licensing and certification requirements for the provision of covered services by the parties under the trade agreement; ((and))

             (2) Such foreign country's board, agency, or institute makes similar provision to allow a person who holds a valid ((certificate)) license issued by this state to obtain such foreign country's comparable permit, license, or certificate; ((and))

             (3) The foreign permit, license, or certificate:

             (a) Was duly issued by such foreign country's board, agency, or institute that regulates the practice of public accountancy; and

             (b) Is in good standing at the time of the application; and

             (c) Was issued upon the basis of educational, examination, experience, and ethical requirements substantially equivalent currently or at the time of issuance of the foreign permit, license, or certificate to those in this state; ((and))

             (4) The applicant has within the thirty-six months prior to application completed an accumulation of one hundred twenty hours of ((continuing professional education)) CPE as required under RCW ((18.04.105(8))) 18.04.215(5). The board shall provide for transition from existing to new ((continuing professional education)) CPE requirements; ((and))

             (5) ((If the application is for a certificate:

             (a))) The applicant's foreign permit, license, or certificate was the type of permit, license, or certificate requiring the most stringent qualifications if, in the foreign country, more than one type of permit, license, or certificate is issued. This state's board shall decide which are the most stringent qualifications; ((and

             (b))) (6) The applicant has passed a written examination or its equivalent, approved by the board, that tests knowledge in the areas of United States accounting principles, auditing standards, commercial law, income tax law, and Washington state rules of professional ethics; ((or

             (6) If the application is for a certificate and license:

             (a) The requirements of subsections (1) through (5) of this section are satisfied;)) and

             (((b))) (7) The applicant has within the ((five)) eight years prior to applying for ((the certificate and)) a license under this section, demonstrated, in accordance with the rules issued by the board, one year of public accounting experience, within the foreign country where the foreign permit, license, or certificate was issued, equivalent to the experience required under RCW ((18.04.215(1)(a))) 18.04.105(1)(d) or such other experience or employment which the board in its discretion regards as substantially equivalent.

             The board may adopt by rule new CPE standards that differ from those in subsection (4) of this section or RCW 18.04.215 if the new standards are consistent with the ((continuing professional education)) CPE standards of other states so as to provide to the greatest extent possible, consistent national standards.

             A licensee who has been granted a license under the reciprocity provisions of this section shall notify the board within thirty days if the permit, license, or certificate issued in the other jurisdiction has lapsed or if the status of the permit, license, or certificate issued in the other jurisdiction becomes otherwise invalid.

 

             Sec. 10. RCW 18.04.185 and 1999 c 378 s 4 are each amended to read as follows:

             (((1) Application for certification as certified public accountants by persons who are not residents of this state constitutes appointment of the secretary of state as an agent for service of process in any action or proceeding against the applicants arising from any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates.

             (2))) Application for a license to practice public accounting in this state by a certified public accountant or CPA firm who holds a license or permit to practice issued by another state constitutes the appointment of the secretary of state as an agent for service of process in any action or proceeding against the applicant arising from any transaction or operation connected with or incidental to the practice of public accounting in this state by the holder of the license to practice.

 

             Sec. 11. RCW 18.04.195 and 1999 c 378 s 5 are each amended to read as follows:

             (1) A sole proprietorship engaged in business in this state ((in the practice of public accounting)) and offering to issue or issuing reports on financial statements or using the title CPA or certified public accountant shall license, as a firm, every three years with the board ((as a firm)).

             (a) ((The principal purpose and business of the firm shall be to furnish services to the public which are consistent with this chapter and the rules of the board.

             (b))) The ((person)) sole proprietor shall ((be a certified public accountant holding)) hold a license to practice under RCW 18.04.215((.));

             (((c))) (b) Each resident ((licensee)) person in charge of an office ((of the sole proprietorship engaged in this state in the practice of public accounting)) located in this state shall ((be a certified public accountant holding)) hold a license to practice under RCW 18.04.215; and

             (c) The licensed firm must meet competency requirements established by rule by the board.

             (2) A partnership engaged in business in this state ((in the practice of public accounting)) and offering to issue or issuing reports on financial statements or using the title CPA or certified public accountant shall license as a firm every three years with the board ((as a partnership of certified public accountants)), and shall meet the following requirements:

             (a) ((The principal purpose and business of the partnership shall be to furnish services to the public which are consistent with this chapter and the rules of the board;

             (b))) At least one general partner of the partnership shall ((be a certified public accountant holding)) hold a license to practice under RCW 18.04.215;

             (((c))) (b) Each resident ((licensee)) person in charge of an office ((of the partnership)) in this state ((and each resident partner personally engaged within this state in the practice of public accounting)) shall ((be a certified public accountant holding)) hold a license to practice under RCW 18.04.215;

             (c) A simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all partners or owners shall be held by natural persons who are licensees or holders of a valid license issued under this chapter or by another state that entitles the holder to practice public accounting in this state. The principal partner of the partnership and any partner having authority over issuing reports on financial statements shall hold a license under this chapter or issued by another state that entitles the holder to practice public accounting in this state; and

             (d) The licensed firm must meet competency requirements established by rule by the board.

             (3) A corporation ((organized for the practice of public accounting and)) engaged in business in this state ((in the practice of public accounting)) and offering to issue or issuing reports on financial statements or using the title CPA or certified public accountant shall license as a firm every three years with the board ((as a corporation of certified public accountants)) and shall meet the following requirements:

             (a) ((The principal purpose and business of the corporation shall be to furnish services to the public which are consistent with this chapter and the rules of the board; and

             (b) Each shareholder of the corporation shall be a certified public accountant of some state holding a license to practice and shall be)) A simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all shareholders or owners shall be held by natural persons who are licensees or holders of a valid license issued under this chapter or by another state that entitles the holder to practice public accounting in this state and is principally employed by the corporation or actively engaged in its business. ((No other person may have any interest in the stock of the corporation.)) The principal officer of the corporation and any officer or director having authority over ((the practice of public accounting by the corporation)) issuing reports on financial statements shall ((be a certified public accountant of some state holding)) hold a license ((to practice)) under this chapter or issued by another state that entitles the holder to practice public accounting in this state;

             (((c))) (b) At least one shareholder of the corporation shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215;

             (((d))) (c) Each resident ((licensee)) person in charge of an office ((of the corporation)) located in this state ((and each shareholder or director personally engaged within this state in the practice of public accounting)) shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215;

             (((e))) (d) A written agreement shall bind the corporation or its shareholders to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder, and bind any holder not a qualified shareholder to sell the shares to the corporation or its qualified shareholders. The agreement shall be noted on each certificate of corporate stock. The corporation may purchase any amount of its stock for this purpose, notwithstanding any impairment of capital, as long as one share remains outstanding; ((and

             (f))) (e) The corporation shall comply with any other rules pertaining to corporations practicing public accounting in this state as the board may prescribe; and

             (f) The licensed firm must meet competency requirements established by rule by the board.

             (4) A limited liability company engaged in business in this state ((in the practice of public accounting)) and offering to issue or issuing reports on financial statements or using the title CPA or certified public accountant shall license as a firm every three years with the board ((as a limited liability company of certified public accountants)), and shall meet the following requirements:

             (a) ((The principal purpose and business of the limited liability company shall be to furnish services to the public which are consistent with this chapter and the rules of the board;

             (b))) At least one ((manager)) member of the limited liability company shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215;

             (((c))) (b) Each resident manager or member in charge of an office ((of the limited liability company)) located in this state ((and each resident manager or member personally engaged within this state in the practice of public accounting)) shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215;

             (c) A simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all owners shall be held by natural persons who are licensees or holders of a valid license issued under this chapter or by another state that entitles the holder to practice public accounting in this state. The principal member or manager of the limited liability company and any member having authority over issuing reports on financial statements shall hold a license under this chapter or issued by another state that entitles the holder to practice public accounting in this state; and

             (d) The licensed firm must meet competency requirements established by rule by the board.

             (5) Application for a license as a firm shall be made upon the affidavit of the proprietor or person designated as managing partner, member, or shareholder for Washington. This person shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215. The board shall determine in each case whether the applicant is eligible for a license. A partnership ((or)), corporation, or limited liability company which is licensed to practice under RCW 18.04.215 may use the designation "certified public accountants" or "CPAs" in connection with its partnership, limited liability company, or corporate name. The board shall be given notification within ninety days after the admission or withdrawal of a partner ((or)), shareholder, or member engaged in this state in the practice of public accounting from any partnership ((or)), corporation, or limited liability company so licensed.

             (6) Licensed firms which fall out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a license, shall notify the board in writing within thirty days of its falling out of compliance and propose a time period in which they will come back into compliance. The board may grant a reasonable period of time for a firm to be in compliance with the provisions of this section. Failure to bring the firm into compliance within a reasonable period of time, as determined by the board, may result in suspension, revocation, or imposition of conditions on the firm's license.

             (7) Fees for the license as a firm and for notification of the board of the admission or withdrawal of a partner ((or)), shareholder, or member shall be determined by the board. Fees shall be paid by the firm at the time the license application form or notice of admission or withdrawal of a partner ((or)), shareholder, or member is filed with the board.

             (8) Nonlicensee owners of licensed firms are:

             (a) Required to fully comply with the provisions of this chapter and board rules;

             (b) Required to be a natural person;

             (c) Required to be an active individual participant in the licensed firm or affiliated entities as these terms are defined by board rule; and

             (d) Subject to discipline by the board for violation of this chapter.

             (9) Resident nonlicensee owners of licensed firms are required to meet:

             (a) The ethics examination, registration, and fee requirements as established by the board rules; and

             (b) The ethics CPE requirements established by the board rules.

 

             Sec. 12. RCW 18.04.205 and 1999 c 378 s 6 are each amended to read as follows:

             (1) Each office established or maintained in this state for the ((practice of public accounting)) purpose of offering to issue or issuing reports on financial statements in this state ((by a certified public accountant, or a partnership or corporation of certified public accountants)) or that uses the title "certified public accountant" or "CPA," shall register with the board under this chapter every three years.

             (2) Each office shall be under the direct supervision of a resident licensee holding a license under RCW 18.04.215 ((who may be a sole proprietor, partner, principal shareholder, or a staff employee)).

             (3) The board shall by rule prescribe the procedure to be followed to register and maintain offices established in this state for the ((practice of public accounting)) purpose of offering to issue or issuing reports on financial statements or that use the title "certified public accountant" or "CPA."

             (4) Fees for the registration of offices shall be determined by the board. Fees shall be paid by the applicant at the time the registration form is filed with the board.

 

             Sec. 13. RCW 18.04.215 and 1999 c 378 s 7 are each amended to read as follows:

             (1) Three-year licenses shall be issued by the board:

             (a) To ((holders of certificates as certified public accountants who have demonstrated, in accordance with rules issued by the board, one year of public accounting experience, or such other experience or employment which the board in its discretion regards as substantially equivalent and who, if their certificate was issued more than forty-eight months prior to application under this section, submit to the board satisfactory proof of having completed an accumulation of one hundred twenty hours of continuing professional education during the thirty-six months preceding the application;)) persons meeting the requirements of RCW 18.04.105(1), 18.04.180, or 18.04.183.

             (b) To certificate holders meeting the requirements of RCW 18.04.105(4).

             (c) To firms under RCW 18.04.195, ((if all offices of the firm in this state are maintained and registered as required under)) meeting the requirements of RCW 18.04.205.

             (2) The board shall by rule, provide for a system of certificate and license renewal and reinstatement. Applicants for ((issuance or)) renewal ((of certificates or licenses)) or reinstatement shall, at the time of filing their applications, list with the board all states and foreign jurisdictions in which they hold or have applied for certificates, permits or licenses to practice.

             (3) An inactive certificate is renewed every three years with renewal subject to the requirements of ethics CPE and the payment of fees, prescribed by the board. Failure to renew the inactive certificate shall cause the inactive certificate to lapse and be subject to reinstatement. The board shall adopt rules providing for fees and procedures for renewal and reinstatement of inactive certificates.

             (4) A license is issued every three years with renewal subject to requirements of CPE and payment of fees, prescribed by the board. Failure to renew the license shall cause the license to lapse and become subject to reinstatement. Persons holding a lapsed license are prohibited from using the title "CPA" or "certified public accountant." Persons holding a lapsed license are prohibited from practicing public accountancy. The board shall adopt rules providing for fees and procedures for issuance, renewal, and reinstatement of licenses.

             (5) The board shall adopt rules providing for CPE for licensees and certificate holders. The rules shall:

             (a) Provide that a licensee shall verify to the board that he or she has completed at least an accumulation of one hundred twenty hours of CPE during the last three-year period to maintain the license;

             (b) Establish CPE requirements; and

             (c) Establish when new licensees shall verify that they have completed the required CPE.

             (6) A certified public accountant who holds a ((permit or)) license issued by another state, and applies for a license in this state, may practice in this state from the date of filing a completed application with the board, until the board has acted upon the application provided the application is made prior to holding out as a certified public accountant in this state and no sanctions or investigations, deemed by the board to be pertinent to public accountancy by other jurisdictions or agencies are in process.

             (((4))) (7) A ((certified public accountant)) licensee shall submit to the board satisfactory proof of having completed an accumulation of one hundred twenty hours of ((continuing education)) CPE recognized and approved by the board during the preceding three years. Failure to furnish this evidence as required shall make the ((certificate invalid)) license lapse and subject to reinstatement procedures, unless the board determines the failure to have been due to retirement((,)) or reasonable cause((, or excusable neglect)).

             The board in its discretion may renew a certificate or license despite failure to furnish evidence of compliance with requirements of ((continuing professional education)) CPE upon condition that the applicant follow a particular program of ((continuing professional education)) CPE. In issuing rules and individual orders with respect to ((continuing professional education)) CPE requirements, the board, among other considerations, may rely upon guidelines and pronouncements of recognized educational and professional associations, may prescribe course content, duration, and organization, and may take into account the accessibility of ((continuing education)) CPE to ((applicants)) licensees and certificate holders and instances of individual hardship.

             (((5))) (8) Fees for ((issuance or)) renewal or reinstatement of certificates and licenses in this state shall be determined by the board under this chapter ((18.04 RCW)). Fees shall be paid by the applicant at the time the application form is filed with the board. The board by rule, may provide for proration of fees for ((certificates and)) licenses or certificates issued between normal renewal dates.

 

             Sec. 14. RCW 18.04.295 and 2000 c 171 s 1 are each amended to read as follows:

             The board ((of accountancy)) shall have the power to: Revoke, suspend, ((or)) refuse to renew ((a)), or reinstate a license or certificate ((or license, and may)); impose a fine in an amount not to exceed ((one)) ten thousand dollars plus the board's investigative and legal costs in bringing charges against a certified public accountant, ((or)) a certificate holder, a licensee, a licensed firm, or a nonlicensee holding an ownership interest in a licensed firm; may impose full restitution to injured parties; may impose conditions precedent to renewal of ((the)) a certificate or a license ((