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ONE HUNDREDTH DAY
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MORNING SESSION
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Senate Chamber, Cherberg Building, Olympia, Tuesday, April 17, 2001
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Haugen.
The Sergeant at Arms Color Guard, consisting of Pages Anna Sperling and Devin Foster, presented the Colors. Senator Bob Oke offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
Pursuant to Rule 46, on motion of Senator Betti Sheldon, the Committee on Environment, Energy and Water was granted permission to meet during session.
EDITOR'S NOTE: Senate Rule 46 states: 'No committee shall sit during the daily session of the senate unless by special leave.'
MOTION
At 9:06 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 10:00 a.m.
The Senate was called to order at 10:00 a.m. by President Owen.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Regala, Gubernatorial Appointment No. 9021, Judith D. Hosea, as a member of the Board of Trustees for Clover Park Technical College District No. 29, was confirmed.
APPOINTMENT OF JUDITH D. HOSEA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Haugen - 1.
MOTION
On motion of Senator Eide, Senator Haugen was excused.
MOTION
On motion of Senator Regala, Gubernatorial Appointment No. 9066, David R. Edwards, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.
APPOINTMENT OF DAVID R. EDWARDS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Haugen - 1.
MOTION
Senator Sheahan moved that the Senate advance to the ninth order of business.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Sheahan to advance to the ninth order of business.
The motion by Senator Sheahan carried and the Senate advanced to ninth order of business.
MOTION
Senator Sheahan moved, under Senate Rule 48, that the Committee on the Environment, Energy and Water be relieved of further consideration of Engrossed Substitute House Bill No. 1832 and the bill be placed on the second reading calendar.
The President declared the question before the Senate to be the motion by Senator Sheahan that the Committee on Environment, Energy and Water be relieved of further consideration of Engrossed Substitute House Bill No. 1832 and the bill be placed on the second reading calendar.
The motion by Senator Sheahan carried and the Committee on Environment, Energy and Water was relieved of further consideration of Engrossed Substitute House Bill No. 1832.
EDITOR'S NOTE: Rule 48 states: 'Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.'
MOTION
Senator Sheahan moved that the Senate revert to the sixth order of business and the Senate immediately consider Engrossed Substitute
House Bill No. 1832.
The President declared the question before the Senate to be the motion by Senator Sheahan to revert to the sixth order of business.
MOTION
Senator Snyder moved that Engrossed Substitute House Bill No. 1832 be referred to the Committee on Ways and Means.
REPLY BY THE PRESIDENT
President Owen: "A very interesting question. Senator Sheahan's motion to return to the sixth order of business is a privileged motion and would have a higher rank. His motion to immediately consider the bill, as well as Senator's Snyder's motion to refer the bill to Ways and Means are of equal rank. The privileged motion, obviously, is the one we have to deal with first--the motion to revert to the sixth order of business, which carries with it also the motion, unless divided, to immediately consider Engrossed Substitute House Bill No. 1832.”
The President declared the question before the Senate to be the motion by Senator Sheahan to revert to the sixth order of business and to immediately consider Engrossed Substitute House Bill No. 1832.
MOTION
Senator Snyder moved that the motion be divided and we vote separately on the privileged motion--the one to revert to the sixth order of business and then vote separately on the motion to immediately consider the bill.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator West: "A point of parliamentary inquiry. Just so that people understand, once we revert to the sixth order of business, then Senator's Snyder's motion would not be in order. A motion to relieve a committee in the sixth order would not, I don't believe, be in order, Sir."
REPLY BY THE PRESIDENT
President Owen: "Senator West, he moved to--"
Senator West: "Or to move the bill. I am sorry. Excuse me."
President Owen: "He moved to--"
Senator West: "That is correct. I am sorry."
The President declared the question before the Senate to be the motion by Senator Sheahan that the Senate revert to the sixth order of business.
The motion by Senator Sheahan carried on a rising vote and the Senate reverted to the sixth order of business.
MOTION
Senator West: "Mr. President, I move that Engrossed Substitute House Bill No. 1832 be made a special order of business for 11:15 this morning to allow people to prepare amendments."
MOTION
Senator Snyder: "I would like to speak against the motion. I was going to make a motion myself to make it a special order of business at 1:30 this afternoon."
REPLY BY SENATOR WEST
Senator West: "I would agree to that."
The President declared the question before the Senate to be the motion by Senator Snyder to make Engrossed Substitute House Bill No. 1832 a special order of business at 1:30 p.m. this afternoon.
The motion by Senator Snyder carried and Engrossed Substitute House Bill No. 1832 will be a special order of business at 1:30 this afternoon.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 4, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5495 with the following amendment(s):
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.", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Jacobsen, the Senate concurred in the House amendment to Engrossed Senate Bill No. 5495.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5495, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5495, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Voting nay: Senator Morton - 1.
ENGROSSED SENATE BILL NO. 5495, as amended by the House, having received the constitutional majority was declared passed. There being no objection. the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5558 with the following amendment(s):
On page 2, beginning on line 32, strike section 2
Correct the title accordingly., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Kline, the Senate concurred in the House amendment to Substitute Senate Bill No. 5558.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5558, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5558, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5558, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 4, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5565 with the following amendment(s):
On page 2, line 1, after "hospice" strike "care", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Thibaudeau, the Senate concurred in the House amendment to Substitute Senate Bill No. 5565.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5565, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5565, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senators Hargrove and Horn - 2.
SUBSTITUTE SENATE BILL NO. 5565, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 10, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5621 with the following amendment(s):
On page 2, line 27, after "techniques." strike all material through "section."
On page 2, line 28, after "(2)" insert "An applicant who applies for an endorsement within the first year following the effective date of this act may submit documentation of a minimum of fifty hours of training with up to fifty hours of practical experience or continuing education, or a combination thereof, to fulfill the requirements of this section.
(3)"
On page 2, line 34, insert the following:
“(5) The board may adopt rules to implement this section upon consultation with the Washington state veterinary board of governors and licensed massage practitioners with training in animal massage", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Rasmussen, the Senate concurred in the House amendments to Substitute Senate Bill No. 5621.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5621, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5621, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Voting nay: Senators Benton, Hochstatter and McCaslin - 3.
SUBSTITUTE SENATE BILL NO. 5621, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5638 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.02.140 and 1986 c 234 s 20 are each amended to read as follows:
Whenever in any territory forming a part of an incorporated city or town which is part of a road district, and road district regular property taxes are collectable on any property within such territory, the same shall, when collected by the county treasurer, be paid to such city or town and placed in the city or town street fund by the city or town((: PROVIDED, That)); except that road district taxes that are delinquent before the date of incorporation shall be paid to the county and placed in the county road fund. This section shall not apply to excess property tax levies securing general indebtedness or any special assessments due in behalf of such property.
Sec. 2. RCW 35.13.270 and 1998 c 106 s 1 are each amended to read as follows:
Whenever any territory is annexed to a city or town which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the city or town and by the city or town placed in the city or town street fund((: PROVIDED, That)); except that road district taxes that are delinquent before the date of annexation shall be paid to the county and placed in the county road fund. This section shall not apply to any special assessments due in behalf of such property. The city or town is required to provide notification, by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor at least thirty days before the effective date of the annexation. The county treasurer is only required to remit to the city or town those road taxes collected thirty days or more after receipt of the notification.
Sec. 3. RCW 35A.14.801 and 1998 c 106 s 2 are each amended to read as follows:
Whenever any territory is annexed to a code city which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the code city and by the city placed in the city street fund((: PROVIDED, That)); except that road district taxes that are delinquent before the date of annexation shall be paid to the county and placed in the county road fund. This section shall not apply to any special assessments due in behalf of such property. The code city is required to provide notification, by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor at least thirty days before the effective date of the annexation. The county treasurer is only required to remit to the code city those road taxes collected thirty or more days after receipt of the notification.
Sec. 4. RCW 36.29.010 and 1998 c 106 s 3 are each amended to read as follows:
The county treasurer:
(1) Shall receive all money due the county and disburse it on warrants issued and attested by the county auditor and electronic funds transfer under RCW 39.58.750 as attested by the county auditor;
(2) Shall issue a receipt in duplicate for all money received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt and the duplicate shall be retained by the treasurer;
(3) Shall affix on the face of all paid warrants the date of redemption or, in the case of proper contract between the treasurer and a qualified public depositary, the treasurer may consider the date affixed by the financial institution as the date of redemption;
(4) Shall ((indorse)) endorse, before the date of issue by the county or by any taxing district for whom the county treasurer acts as treasurer, on the face of all warrants for which there are not sufficient funds for payment, "interest bearing warrant." When there are funds to redeem outstanding warrants, the county treasurer shall give notice:
(a) By publication in a legal newspaper published or circulated in the county; or
(b) By posting at three public places in the county if there is no such newspaper; or
(c) By notification to the financial institution holding the warrant;
(5) Shall pay interest on all interest-bearing warrants from the date of issue to the date of notification;
(6) Shall maintain financial records reflecting receipts and disbursement by fund in accordance with generally accepted accounting principles;
(7) Shall account for and pay all bonded indebtedness for the county and all special districts for which the county treasurer acts as treasurer;
(8) Shall invest all funds of the county or any special district in the treasurer's custody, not needed for immediate expenditure, in a manner consistent with appropriate statutes. If cash is needed to redeem warrants issued from any fund in the custody of the treasurer, the treasurer shall liquidate investments in an amount sufficient to cover such warrant redemptions; and
(9) May provide certain collection services for county departments.
The treasurer, at the expiration of the term of office, shall make a complete settlement with the county legislative authority, and shall deliver to the successor all public money, books, and papers in the treasurer's possession.
Sec. 5. RCW 36.29.050 and 1969 ex.s. c 48 s 1 are each amended to read as follows:
When the county treasurer redeems any warrant on which interest is due, ((he)) the treasurer shall enter on ((his)) the warrant register account the amount of interest paid, distinct from the principal.
Sec. 6. RCW 36.29.090 and 1963 c 4 s 36.29.090 are each amended to read as follows:
Whenever an action based upon official misconduct is commenced against any county treasurer the county commissioners may suspend ((him)) the treasurer from office until such suit is determined, and may appoint some person to fill the vacancy.
Sec. 7. RCW 36.29.100 and 1963 c 4 s 36.29.100 are each amended to read as follows:
The county treasurer of each county in which there is a city of the first class is ex officio collector of city taxes of such city, and before entering upon the duties of ((his)) office ((he)) the treasurer shall execute in favor of the city and file with the clerk thereof a good and sufficient bond, the penal sum to be fixed by the city council, such bond to be approved by the mayor of such city or other authority thereof by whom the bond of the city treasurer is required to be approved. All special assessments and special taxation for local improvements assessed on property benefited shall be collected by the city treasurer.
Sec. 8. RCW 36.29.160 and 1998 c 106 s 4 are each amended to read as follows:
The county treasurer shall make segregation, collect, and receive from any owner or owners of any subdivision or portion of any lot, tract or parcel of land upon which assessments or charges have been made or may be made by public utility districts, water-sewer districts, or the county, under the terms of Title 54 RCW, Title 57 RCW, or chapter 36.88, 36.89, or 36.94 RCW, such portion of the assessments or charges levied or to be levied against such lot, tract or parcel of land in payment of such assessment or charges as the board of commissioners of the public utility district, the water-sewer district commissioners or the board of county commissioners, respectively, shall certify to be chargeable to such subdivision, which certificate shall state that such property as segregated is sufficient security for the assessment or charges. Upon making collection upon any such subdivision the county treasurer shall note such payment upon ((his)) the records of the office of the treasurer and give receipt therefor. When a segregation is required, a certified copy of the resolution shall be delivered to the treasurer of the county in which the real property is located who shall proceed to make the segregation ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made.
Sec. 9. RCW 36.29.170 and 1963 c 4 s 36.29.170 are each amended to read as follows:
The county treasurer shall keep ((his)) the office of the treasurer at the ((seat of justice of his)) county seat, and shall keep the same open for transaction of business during business hours; and ((he and his)) the treasurer and the treasurer's deputy are authorized to administer all oaths necessary in the discharge of the duties of ((his)) the office.
Sec. 10. RCW 36.35.120 and 1993 c 310 s 1 are each amended to read as follows:
Real property acquired by any county of this state by foreclosure of delinquent taxes may be sold by order of the county legislative authority of the county when in the judgment of the county legislative authority it is deemed in the best interests of the county to sell the real property.
When the legislative authority desires to sell any such property it may, if deemed advantageous to the county, combine any or all of the several lots and tracts of such property in one or more units, and may reserve from sale coal, oil, gas, gravel, minerals, ores, fossils, timber, or other resources on or in the lands, and the right to mine for and remove the same, and it shall then enter an order on its records fixing the unit or units in which the property shall be sold and the minimum price for each of such units, and whether the sale will be for cash or whether a contract will be offered, and reserving from sale such of the resources as it may determine and from which units such reservations shall apply, and directing the county treasurer to sell such property in the unit or units and at not less than the price or prices and subject to such reservations so fixed by the county legislative authority. The order shall be subject to the approval of the county treasurer if several lots or tracts of land are combined in one unit.
Except in cases where the sale is to be by direct negotiation as provided in ((this chapter)) RCW 36.35.150, it shall be the duty of the county treasurer upon receipt of such order to publish once a week for three consecutive weeks a notice of the sale of such property in a newspaper of general circulation in the county where the land is situated. The notice shall describe the property to be sold, the unit or units, the reservations, and the minimum price fixed in the order, together with the time and place and terms of sale, in the same manner as foreclosure sales as provided by RCW 84.64.080.
The person making the bid shall state whether he or she will pay cash for the amount of his or her bid or accept a real estate contract of purchase in accordance with the provisions hereinafter contained. The person making the highest bid shall become the purchaser of the property. If the highest bidder is a contract bidder the purchaser shall be required to pay thirty percent of the total purchase price at the time of the sale and shall enter into a contract with the county as vendor and the purchaser as vendee which shall obligate and require the purchaser to pay the balance of the purchase price in ten equal annual installments commencing November 1st and each year following the date of the sale, and shall require the purchaser to pay twelve percent interest on all deferred payments, interest to be paid at the time the annual installment is due; and may contain a provision authorizing the purchaser to make payment in full at any time of any balance due on the total purchase price plus accrued interest on such balance. The contract shall contain a provision requiring the purchaser to pay before delinquency all subsequent taxes and assessments that may be levied or assessed against the property subsequent to the date of the contract, and shall contain a provision that time is of the essence of the contract and that in event of a failure of the vendee to make payments at the time and in the manner required and to keep and perform the covenants and conditions therein required of him or her that the contract may be forfeited and terminated at the election of the vendor, and that in event of the election all sums theretofore paid by the vendee shall be forfeited as liquidated damages for failure to comply with the provisions of the contract; and shall require the vendor to execute and deliver to the vendee a deed of conveyance covering the property upon the payment in full of the purchase price, plus accrued interest.
The county legislative authority may, by order entered in its records, direct the coal, oil, gas, gravel, minerals, ores, timber, or other resources sold apart from the land, such sale to be conducted in the manner hereinabove prescribed for the sale of the land. Any such reserved minerals or resources not exceeding two hundred dollars in value may be sold, when the county legislative authority deems it advisable, either with or without such publication of the notice of sale, and in such manner as the county legislative authority may determine will be most beneficial to the county.
Sec. 11. RCW 36.35.150 and 1997 c 244 s 2 are each amended to read as follows:
The county legislative authority may dispose of tax foreclosed property by private negotiation, without a call for bids, for not less than the principal amount of the unpaid taxes in any of the following cases: (1) When the sale is to any governmental agency and for public purposes; (2) when the county legislative authority determines that it is not practical to build on the property due to the physical characteristics of the property or legal restrictions on construction activities on the property; (3) when the property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner; or (4) when no acceptable bids were received at the attempted public auction of the property, if the sale is made within ((six)) twelve months from the date of the attempted public auction.
Sec. 12. RCW 36.96.040 and 1979 ex.s. c 5 s 4 are each amended to read as follows:
After such hearings, the county legislative authority shall make written findings whether each of the special purpose districts that was a subject of the hearings meets each of the criteria of being "inactive." Whenever a special purpose district other than a public utility district has been found to meet a criterion of being inactive, or a public utility district has been found to meet both criteria of being inactive, the county legislative authority shall adopt an ordinance dissolving the special purpose district if it also makes additional written findings detailing why it is in the public interest that the special purpose district be dissolved, and shall provide a copy of the ordinance to the county treasurer. Except for the purpose of winding up its affairs as provided by this chapter, a special purpose district that is so dissolved shall cease to exist and the authority and obligation to carry out the purposes for which it was created shall cease thirty-one days after adoption of the dissolution ordinance.
Sec. 13. RCW 36.96.070 and 1979 ex.s. c 5 s 7 are each amended to read as follows:
Any moneys or funds of the dissolved special purpose district and any moneys or funds received by the board of trustees from the sale or other disposition of any property of the dissolved special purpose district shall be used, to the extent necessary, for the payment or settlement of any outstanding obligations of the dissolved special purpose district. Any remaining moneys or funds shall be used to pay the county legislative authority for all costs and expenses incurred in the dissolution and liquidation of the dissolved special purpose district. Thereafter, any remaining moneys, funds, or property shall become that of the county in which the dissolved special purpose district was located((: PROVIDED, That)). However, if the territory of the dissolved special purpose district was located within more than one county, the remaining moneys, funds, and personal property shall be apportioned and distributed to each county in the proportion that the geographical area of the dissolved special purpose district within the county bears to the total geographical area of the dissolved special purpose district, and any remaining real property or improvements to real property shall be transferred to the county within whose boundaries it lies. A county to which real property or improvements to real property are transferred under this section does not have an obligation to use the property or improvements for the purposes for which the dissolved special purpose district used the property or improvements and the county does not assume the obligations or liabilities of the dissolved special purpose district as a result of the transfer.
Sec. 14. RCW 39.44.200 and 1990 c 220 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 39.44.200 through 39.44.240.
(1) "Bond" means "bond" as defined in RCW 39.46.020, but also includes any other indebtedness that may be issued by any local government to fund private activities or purposes where the indebtedness is of a nonrecourse nature payable from private sources, including debt issued under chapter 39.50 RCW.
(2) "Local government" means "local government" as defined in RCW 39.46.020.
(3) "Type of bond" includes: (a) General obligation bonds, including councilmanic and voter-approved bonds; (b) revenue bonds; (c) local improvement district bonds; (d) special assessment bonds such as those issued by irrigation districts and diking districts; and (e) other classes of bonds.
(4) "State" means "state" as defined in RCW 39.46.020 but also includes any commissions or other entities of the state.
Sec. 15. RCW 39.46.020 and 1995 c 38 s 6 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Bond" means any agreement which may or may not be represented by a physical instrument, including notes, warrants, or certificates of indebtedness, that evidences an indebtedness of the state or a local government or a fund thereof, where the state or local government agrees to pay a specified amount of money, with or without interest, at a designated time or times to either registered owners or bearers, including debt issued under chapter 39.50 RCW.
(2) "Local government" means any county, city, town, special purpose district, political subdivision, municipal corporation, or quasi municipal corporation, including any public corporation created by such an entity.
(3) "Obligation" means an agreement that evidences an indebtedness of the state or a local government, other than a bond, and includes, but is not limited to, conditional sales contracts, lease obligations, and promissory notes.
(4) "State" includes the state, agencies of the state, and public corporations created by the state or agencies of the state.
(5) "Treasurer" means the state treasurer, county treasurer, city treasurer, or treasurer of any other municipal corporation.
Sec. 16. RCW 39.50.010 and 1999 c 153 s 54 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) "Governing body" means the legislative authority of a municipal corporation by whatever name designated;
(2) "Local improvement district" includes local improvement districts, utility local improvement districts, road improvement districts, and other improvement districts that a municipal corporation is authorized by law to establish;
(3) "Municipal corporation" means any city, town, county, water-sewer district, school district, port district, public utility district, metropolitan municipal corporation, public transportation benefit area, park and recreation district, irrigation district, fire protection district or any other municipal or quasi municipal corporation described as such by statute, or regional transit authority, except joint operating agencies under chapter 43.52 RCW;
(4) "Ordinance" means an ordinance of a city or town or resolution or other instrument by which the governing body of the municipal corporation exercising any power under this chapter takes formal action and adopts legislative provisions and matters of some permanency; and
(5) "Short-term obligations" are warrants, notes, capital leases, or other evidences of indebtedness, except bonds.
Sec. 17. RCW 39.50.030 and 1995 c 38 s 9 are each amended to read as follows:
(1) The issuance of short-term obligations shall be authorized by ordinance of the governing body which ordinance shall fix the maximum amount of the obligations to be issued or, if applicable, the maximum amount which may be outstanding at any time, the maximum term and interest rate or rates to be borne thereby, the manner of sale, maximum price, form including bearer or registered as provided in RCW 39.46.030, terms, conditions, and the covenants thereof. For those municipalities and taxing and assessment districts for which the county treasurer is not the designated treasurer by law, the ordinance may provide for designation and employment of a paying agent for the short-term obligations and may authorize a designated representative of the municipal corporation, ((or if the county, the county treasurer to act on its behalf and)) subject to the terms of the ordinance in selling and delivering short-term obligations authorized and fixing the dates, price, interest rates, and other details as may be specified in the ordinance. For the county and those taxing and assessment districts for which the county treasurer is the designated treasurer by law or other appointment, the county treasurer shall be notified thirty days in advance of borrowing under this chapter and will be the designated paying agent to act on its behalf for all payments of principal, interest, and penalties for that obligation, subject to the terms of the ordinance in selling and delivering short-term obligations authorized and fixing the dates, price, interest rates, and other details as may be specified in the ordinance. Short-term obligations issued under this section shall bear such fixed or variable rate or rates of interest as the governing body considers to be in the best interests of the municipal corporation. Variable rates of interest may be fixed in relationship to such standard or index as the governing body designates.
The governing body may make contracts for the future sale of short-term obligations pursuant to which the purchasers are committed to purchase the short-term obligations from time to time on the terms and conditions stated in the contract, and may pay such consideration as it considers proper for the commitments. Short-term obligations issued in anticipation of the receipt of taxes shall be paid within six months from the end of the fiscal year in which they are issued. For the purpose of this subsection, short-term obligations issued in anticipation of the sale of general obligation bonds shall not be considered to be obligations issued in anticipation of the receipt of taxes.
(2) Notwithstanding subsection (1) of this section, such short-term obligations may be issued and sold in accordance with chapter 39.46 RCW.
Sec. 18. RCW 84.38.140 and 1984 c 220 s 27 are each amended to read as follows:
(1) The ((county treasurer)) department shall collect all the amounts deferred together with interest under this chapter((,)). However, in the event that the department is unable to collect an amount deferred together with interest, that amount deferred together with interest shall be collected by the county treasurer in the manner provided for in chapter 84.56 RCW. For purposes of collection of deferred taxes, the provisions of chapters 84.56, 84.60, and 84.64 RCW shall be applicable.
(2) When any deferred special assessment and/or real property taxes together with interest are collected the moneys shall be ((credited to a special account in the county treasury. The county treasurer shall remit the amount of deferred special assessment and/or real property taxes together with interest to the department within thirty days from the date of collection.
(3) The department shall deposit the deferred taxes)) deposited in the state general fund.
Sec. 19. RCW 84.56.250 and 1961 c 15 s 84.56.250 are each amended to read as follows:
If any county treasurer ((shall wilfully)) willfully refuses or neglects to collect any taxes assessed upon personal property, where the same is collectible, or to file the delinquent list and affidavit, as herein provided, ((he)) the treasurer shall be held, in his or her next settlement with the ((auditor)) county legislative authority, liable for the whole amount of such taxes uncollected, and the same shall be deducted from his or her salary and applied to the several funds for which they were levied.
Sec. 20. RCW 85.38.220 and 1986 c 278 s 10 are each amended to read as follows:
Any special district may have its operations suspended as provided in this section. The process of suspending a special district's operations may be initiated by: (1) The adoption of a resolution proposing such action by the governing body of the special district; (2) the filing of a petition proposing such action with the county legislative authority of the county in which all or the largest portion of the special district is located, which petition is signed by voters of the special district who own at least ten percent of the acreage in the special district or is signed by ten or more voters of the special district; or (3) the adoption of a resolution proposing such action by the county legislative authority of the county in which all or the largest portion of the special district is located.
A public hearing on the proposed action shall be held by the county legislative authority at which it shall inquire into whether such action is in the public interest. Notice of the public hearing shall be published in a newspaper of general circulation in the special district, posted in at least four locations in the special district to attract the attention of the public, and mailed to the members of the governing body of the special district, if there are any. After the public hearing, the county legislative authority may adopt a resolution suspending the operations of the special district if it finds such suspension to be in the public interest, and shall provide a copy of the resolution to the county treasurer. When a special district is located in more than one county, the legislative authority of each of such counties must so act before the operations of the special district are suspended.
After holding a public hearing on the proposed reactivation of a special district that has had its operations suspended, the legislative authority or authorities of the county or counties in which the special district is located may reactivate the special district by adopting a resolution finding such action to be in the public interest. Notice of the public hearing shall be posted and published as provided for the public hearing on a proposed suspension of a special district's operations. The governing body of a reactivated special district shall be appointed as in a newly created special district.
No special district that owns drainage or flood control improvements may be ((dissolved)) suspended unless the legislative authority of a county accepts responsibility for operation and maintenance of the improvements during the suspension period.
Sec. 21. RCW 85.38.225 and 1991 c 28 s 2 are each amended to read as follows:
As an alternative to this chapter a drainage district or drainage improvement district located within the boundaries of a county storm drainage and surface water management utility, and which is not currently imposing assessments, may be dissolved by ordinance of the county legislative authority. If the alternative dissolution procedure in this section is used the following shall apply:
(1) The county storm drainage and surface water management utility shall assume responsibility for payment or settlement of outstanding debts of the dissolved drainage district or drainage improvement district, and shall notify the county treasurer at such time of the assumption of responsibility.
(2) All assets, including money, funds, improvements, or property, real or personal, shall become assets of the county in which the dissolved drainage district or drainage improvement district was located.
(3) Notwithstanding RCW 85.38.220, the county storm drainage and surface water management utility may determine how to best manage, operate, maintain, improve, exchange, sell, or otherwise dispose of all property, real and personal, of the dissolved drainage district or drainage improvement district, and may determine to modify, cease the operation of, and/or remove any or all facilities or improvements to real property of the dissolved drainage district or drainage improvement district."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Patterson, the Senate concurred in the House amendment to Substitute Senate Bill No. 5638.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5638, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5638, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5638, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5275 with the following amendment(s):
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.
On page 3, line 31, strike "of" and insert "before", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Patterson, the Senate refuses to concur in the House amendments to Senate Bill No. 5275 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5862 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 79.01.084 and 1982 1st ex.s. c 21 s 150 are each amended to read as follows:
The commissioner of public lands shall cause to be prepared, and furnish to applicants, blank forms of applications for the appraisal, transfer, and purchase of any state lands and the purchase of ((timber, fallen timber, stone, gravel, or other)) valuable materials situated thereon, and for the lease of state lands((, which)). These forms shall contain ((such)) instructions ((as will)) to inform and aid ((intending)) applicants ((in making applications)).
Sec. 2. RCW 79.01.116 and 1982 1st ex.s. c 21 s 152 are each amended to read as follows:
(1) In no case shall any lands granted to the state be offered for sale unless the same shall have been appraised by the board of natural resources within ninety days prior to the date fixed for the sale((, and in no case shall any other state lands, or any materials on any state lands, be offered for sale unless the same shall have been appraised by the commissioner of public lands within ninety days prior to the date fixed for the sale)).
(2) For the sale of valuable materials from state land under this title, if the board of natural resources is required by law to appraise the sale, the board must establish a minimum appraisal value that is valid for a period of one hundred eighty days, or a longer period as may be established by resolution. The board may reestablish the minimum appraisal value at any time. For any valuable materials sales that the board is required by law to appraise, the board may by resolution transfer this authority to the commissioner of public lands.
(3) Where the board of natural resources has set a minimum appraisal value for a valuable materials sale, the commissioner of public lands may set the final appraisal value of valuable materials for auction, which must be equal to or greater than the board of natural resources' minimum appraisal value. The commissioner may also appraise any valuable materials sale not required by law to be approved by the board of natural resources.
Sec. 3. RCW 79.01.124 and 1982 1st ex.s. c 21 s 154 are each amended to read as follows:
((Timber, fallen timber, stone, gravel, or other)) Valuable material situated upon state lands may be sold separate from the land, when in the judgment of the commissioner of public lands, it is for the best interest of the state so to sell the same((, and in case the estimated amount of timber on any tract of state lands, shall exceed one million feet to the quarter section, the timber shall be sold separate from the land)). When application is made for the purchase of any valuable materials ((situated upon state lands, the same inspection and report shall be had as upon an application for the appraisement and sale of such lands, and)), the commissioner of public lands shall appraise the value of the valuable materials ((applied for)) if the commissioner determines it is in the best interest of the state to sell. No ((timber, fallen timber, stone, gravel, or other)) valuable materials((,)) shall be sold for less than the appraised value thereof.
Sec. 4. RCW 79.01.132 and 1999 c 51 s 1 are each amended to read as follows:
(1) When ((any timber, fallen timber, stone, gravel, or other)) valuable materials on state lands ((is)) are sold separate from the land, ((it)) they may be sold as a lump sum sale or as a scale sale. Lump sum sales under five thousand dollars appraised value shall be paid for in cash on the day of sale. The initial deposit shall be maintained until all contract obligations of the purchaser are satisfied. However, all or a portion of the initial deposit may be applied as the final payment for the valuable materials in the event the department of natural resources determines that adequate security exists for the performance or fulfillment of any remaining obligations of the purchaser under the sale contract.
(2) The initial deposits required in RCW 79.01.204((,)) may not ((to)) exceed twenty-five percent of the actual or projected purchase price, but in the case of lump sum sales appraised at over five thousand dollars the initial deposit may not be less than five thousand dollars, and shall be made on the day of the sale((, and in the case of)). For those sales appraised below the amount specified in RCW 79.01.200, the department of natural resources may require full cash payment on the day of sale.
(3) The purchaser shall notify the department of natural resources before any ((timber is cut and before removal or processing of any valuable materials on the sale area, at which time)) operation takes place on the sale site. Upon notification, the department of natural resources ((may)) shall determine and require((, in the amount determined by the department,)) advance payment for the cutting, removal, or processing((, and/or cutting)) of ((timber or other)) the valuable materials, ((or)) or may allow purchasers to guarantee payment by submitting as adequate security bank letters of credit, payment bonds, ((or)) assignments of savings accounts, assignments of certificates of deposit, or other methods acceptable to the department as adequate security. The amount of such advance payments and/or security shall be determined by the department and at all times equal or exceed the value of timber cut and other valuable materials processed or removed until paid for. ((The initial deposit shall be maintained until all contract obligations of the purchaser are satisfied: PROVIDED HOWEVER, That all or a portion of said initial deposit may be applied as the final payment for said materials in the event the department of natural resources determines that adequate security exists for the performance or fulfillment of any remaining obligations of the purchaser under the sale contract.))
(4) In all cases where ((timber, fallen timber, stone, gravel, or other)) valuable materials ((is)) are sold separate from the land, the same shall revert to the state if not removed from the land within the period specified in the sale contract. ((Said)) The specified period shall not exceed five years from the date of the purchase thereof: PROVIDED, That the specified periods in the sale contract for stone, sand, fill material, or building stone shall not exceed ((twenty)) thirty years((: PROVIDED FURTHER, That)).
(5) In all cases where, in the judgment of the department of natural resources, the purchaser is acting in good faith and endeavoring to remove such materials, the department of natural resources may extend the time for the removal thereof for any period not exceeding ((twenty)) forty years from the date of purchase for the stone, sand, fill material, or building stone or for a total of ten years beyond the normal termination date specified in the original sale contract for all other material((,)). Extension of a contract is contingent upon payment to the state of a sum to be fixed by the department of natural resources, based on the estimated loss of income per acre to the state resulting from the granting of the extension ((but)). In no event may the extension payment be less than fifty dollars per extension, plus interest on the unpaid portion of the contract. The interest rate shall be fixed, from time to time, by rule adopted by the board of natural resources and shall not be less than six percent per annum. The applicable rate of interest as fixed at the date of sale ((and)), the maximum extension payment ((shall be set forth in the contract.)), and the method for calculating the unpaid portion of the contract upon which such interest shall be paid by the purchaser shall be set forth in the contract. The department of natural resources shall pay into the state treasury all sums received for such extension and the same shall be credited to the fund to which was credited the original purchase price of the material so sold.
((However,)) (6) A direct sale of valuable materials may be sold to the applicant for cash at full appraised value without notice or advertising. The board of natural resources shall, by resolution, establish the value amount of a direct sale not to exceed twenty thousand dollars in appraised sale value, and establish procedures to assure that competitive market prices and accountability will be guaranteed.
(7) The department may, in addition to any other securities, require a performance security to guarantee compliance with all contract requirements. The security is limited to those types listed in subsection (3) of this section. The value of the performance security will, at all times, equal or exceed the value of work performed or to be performed by the purchaser.
(8) Any time that the department of natural resources sells timber by contract that includes a performance bond, the department shall require the purchaser to present proof of any and all taxes paid prior to the release of the performance bond. Within thirty days of payment of taxes due by the timber purchaser, the county treasurer shall provide certified evidence of taxes paid, clearly disclosing the sale contract number.
(9) The provisions of this section apply unless otherwise provided by statute. The board of natural resources shall establish procedures to protect against cedar theft and to ensure adequate notice is given for persons interested in purchasing cedar.
Sec. 5. RCW 79.01.160 and 1959 c 257 s 15 are each amended to read as follows:
All sales of ((timber)) valuable materials upon state lands shall be made subject to the right, power, and authority of the commissioner of public lands to prescribe rules ((and regulations)) or procedures governing the manner of the sale and removal of the ((timber with a view to the protection of the nonmerchantable timber against destruction or injury by fire or from other causes, and)) valuable materials. Such ((rules or regulations)) procedures shall be binding ((upon the)) when contained within a purchaser's ((of the timber)) contract for valuable materials and ((his)) apply to the purchaser's successors in interest and shall be enforced by the commissioner of public lands.
Sec. 6. RCW 79.01.184 and 1997 c 116 s 2 are each amended to read as follows:
When the department of natural resources shall have decided to sell any state lands or valuable materials thereon, or with the consent of the board of regents of the University of Washington, or by legislative directive, shall have decided to sell any lot, block, tract, or tracts of university lands, or the ((timber, fallen timber, stone, gravel, or other)) valuable materials thereon, it shall be the duty of the department to ((forthwith)) fix the date, place, and time of sale, and no sale shall be had on any day which is a legal holiday.
The department shall give notice of the sale by advertisement published not less than two times during a four week period prior to the time of sale in at least one newspaper of general circulation in the county in which the whole, or any part of any lot, block, or tract of land to be sold, or the material upon which is to be sold is situated, and by ((causing)) posting a copy of ((said)) the notice ((to be posted)) in a conspicuous place in the department's Olympia office ((and)), the region headquarters administering such sale, and in the office of the county auditor of such county((, which)). The notice shall specify the place, date, and time of sale, the appraised value thereof, and describe with particularity each parcel of land to be sold, or from which valuable materials are to be sold((, and)). In the case of valuable materials sales, the estimated volume ((thereof,)) will be identified and ((specify that)) the terms of sale will be ((posted)) available in the region headquarters and the department's Olympia office.
((However,)) The advertisement is for informational purposes only, and under no circumstances does the information in the notice of sale constitute a warranty that the purchaser will receive the stated values, volumes, or acreage. All purchasers are expected to make their own measurements, evaluations, and appraisals.
A direct sale of valuable materials may be sold to the applicant for cash at full appraised value without notice or advertising. The board of natural resources shall, by resolution, establish the value amount of a direct sale not to exceed twenty thousand dollars in appraised sale value, and establish procedures to ((assure)) ensure that competitive market prices and accountability will be guaranteed.
Sec. 7. RCW 79.01.188 and 1982 1st ex.s. c 21 s 157 are each amended to read as follows:
The commissioner of public lands shall cause to be printed a list of all public lands, or valuable materials thereon, and the appraised value thereof, that are to be sold ((in the several counties of the state, said lists)). This list should be published in a pamphlet form to be issued at least four weeks prior to the date of any sale of the lands or valuable materials ((enumerated)) thereon((, such lands and materials to be listed under the name of the county wherein located, in alphabetical order giving the appraised values, the character of the same, and such other information as may be of interest to prospective buyers. Said commissioner of public lands shall cause to be distributed to the auditor of each county in the state a sufficient number of such lists to supply the demands made upon them respectively as reported by such auditors. And said county auditors shall keep the list so furnished in a conspicuous place or receptacle on the counter of the public office of their respective departments, and, when requested so to do, shall mail copies of such lists to residents of their counties)). The list should be organized by county and by alphabetical order, and provide sale information to prospective buyers. The commissioner of public lands shall retain for free distribution in his or her office and the ((district)) region offices sufficient copies of ((said lists)) the pamphlet, to be kept in a conspicuous place ((or receptacle on the counter of the general office of the commissioner of public lands, and the districts)), and, when requested so to do, shall mail copies of ((said lists)) the pamphlet as issued to any requesting applicant ((therefor)). ((Proof of publication of the notice of sale shall be made by affidavit of the publisher, or person in charge, of the newspaper publishing the same and proof of posting the notice of sale and the receipt of the lists shall be made by certificate of the county auditor which shall forthwith be sent to and filed with the commissioner of public lands.)) The commissioner of public lands may seek additional means of publishing the information in the pamphlet, such as on the internet, to increase the number of prospective buyers.
Sec. 8. RCW 79.01.204 and 1982 c 27 s 2 are each amended to read as follows:
Sales by public auction under this chapter shall be conducted under the direction of the department of natural resources((, by)) or its authorized representative ((or by the county auditor of the county in which the sale is held)). The department or department's representative ((and the county auditor)) are hereinafter referred to as auctioneers. On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer, in cash or by certified check, cashier's check, ((or postal)) money order payable to the order of the department of natural resources, or by bid guarantee in the form of bid bond acceptable to the department, an amount equal to the deposit specified in the notice of sale. The deposit shall include a specified amount of the appraised price for the land or valuable materials offered for sale, together with any fee required by law for the issuance of contracts, deeds, or bills of sale. Said deposit may, when prescribed in notice of sale, be considered an opening bid of an amount not less than the minimum appraised price established in the notice of sale. The successful bidder's deposit will be retained by the auctioneer and the difference, if any, between the deposit and the total amount due shall on the day of the sale be paid in cash, certified check, cashier's check, bank draft, ((postal)) or money order, ((or by personal check)) made payable to the department. If a bid bond is used, the share of the total deposit due guaranteed by the bid bond shall, within ten days of the day of sale, be paid in cash, certified check, cashier's check, ((or postal)) money order, or other acceptable payment method payable to the department. Other deposits, if any, shall be returned to the respective bidders at the conclusion of each sale. The auctioneer shall deliver to the purchaser a memorandum of his or her purchase containing a description of the land or materials purchased, the price bid, and the terms of the sale. The auctioneer shall at once send to the department the cash, certified check, cashier's check, bank draft, ((postal)) money order, ((or)) bid guarantee, or other acceptable payment method received from the purchaser, and a copy of the memorandum delivered to the purchaser, together with such additional report of his or her proceedings with reference to such sales as may be required by the department.
Sec. 9. RCW 79.01.232 and 1927 c 255 s 58 are each amended to read as follows:
When ((timber, fallen timber, stone, gravel, or other)) valuable materials((, shall have been)) are sold separate from the land and the purchase price is paid in full, the commissioner of public lands shall cause a bill of sale, signed by the commissioner and attested by the seal of his or her office, setting forth the time within which such material shall be removed, to be issued to the purchaser and to be recorded in the office of the commissioner of public lands, upon the payment of the fee provided for in this chapter.
NEW SECTION. Sec. 10. A new section is added to chapter 79.01 RCW to read as follows:
For the purposes of this title, "appraisal" means an estimate of the market value of land or valuable materials. The estimate must reflect the value based on market conditions at the time of the sale or transfer offering. The appraisal must reflect the department of natural resources' best effort to establish a reasonable market value for the purpose of setting a minimum bid at auction or transfer. A purchaser of state lands or valuable materials may not rely upon the appraisal prepared by the department of natural resources for purposes of deciding whether to make a purchase from the department. All purchasers are required to make their own independent appraisals.
Sec. 11. RCW 79.01.240 and 1982 1st ex.s. c 21 s 164 are each amended to read as follows:
Any sale, transfer, or lease of state lands ((made by mistake, or not in accordance with law, or obtained)) in which the purchaser, transfer recipient, or lessee obtains the sale or lease by fraud or misrepresentation((, shall be)) is void, and the contract of purchase((,)) or lease((, issued thereon,)) shall be of no effect((, and the holder of such contract, or lease, shall be required to surrender the same to the department of natural resources, which, except in the case of fraud on the part of the purchaser, or lessee, shall cause the money paid on account of such surrendered contract, or lease, to be refunded to the holder thereof, provided the same has
not been paid into the state treasury)). In the event of fraud, the contract, transferred property, or lease must be surrendered to the department of natural resources, but the purchaser, transfer recipient, or lessee may not be refunded any money paid on account of the surrendered contract, transfer, or lease. In the event that a mistake is discovered in the sale or lease of state lands, or in the sale of valuable materials on state lands, the department may take action to correct the mistake in accordance with RCW 79.01.740 if maintaining the corrected contract, transfer, or lease is in the best interests of the affected trust or trusts.
Sec. 12. RCW 79.01.340 and 1982 1st ex.s. c 21 s 171 are each amended to read as follows:
Any county or city or the United States of America or state agency desiring to locate, establish, and construct a road or street over and across any state lands of the state of Washington shall by resolution of the board of county commissioners of such county, or city council or other governing body of such city, or proper agency of the United States of America, or state agency, cause to be filed in the office of the department of natural resources a petition for a right of way for such road or street, setting forth the reasons for the establishment thereof, accompanied by a duly attested copy of a plat made by the county or city engineer or proper agency of the United States of America, or state agency, showing the location of the proposed road or street with reference to the legal subdivisions, or lots and blocks of the official plat, or the lands, over and across which such right of way is desired, the amount of land to be taken and the amount of land remaining in each portion of each legal subdivision or lot or block bisected by such proposed road or street.
Upon the filing of such petition and plat the department of natural resources, if deemed for the best interest of the state to grant the petition, shall cause the land proposed to be taken to be inspected and shall appraise the value of ((any timber)) the land and valuable materials thereon and notify the petitioner of such appraised value.
If there ((be)) are no ((timber)) valuable materials on the proposed right of way, or upon the payment of the appraised value of ((any timber)) the land and valuable materials thereon, to the department of natural resources in cash, or by certified check drawn upon any bank in this state, or ((postal)) money order, except for all rights of way granted to the department of natural resources on which the ((timber)) valuable materials, if any, shall be sold at public auction or by sealed bid, the department may approve the plat filed with the petition and file and enter the same in the records of his or her office, and such approval and record shall constitute a grant of such right of way from the state.
Sec. 13. RCW 79.01.392 and 1961 c 73 s 8 are each amended to read as follows:
Upon the filing of the plat and field notes, as provided in RCW 79.01.388, the land applied for and the ((standing timber and/or reproduction)) valuable materials on the right of way applied for, and the marked danger trees to be felled off the right of way, if any, and the improvements included in the right of way applied for, if any, shall be appraised as in the case of an application to purchase state lands. Upon full payment of the appraised value of the land applied for, or upon payment of an annual rental when the department of natural resources deems a rental to be in the best interests of the state, and upon full payment of the appraised value of the ((standing timber, reproduction,)) valuable materials and improvements, if any, the commissioner of public lands shall issue to the applicant a certificate of the grant of such right of way stating the terms and conditions thereof and shall enter the same in the abstracts and records in his or her office, and thereafter any sale or lease of the lands affected by such right of way shall be subject to the easement of such right of way. Should the corporation, company, association, individual, state agency, political subdivision of the state, or the United States of America, securing such right of way ever abandon the use of the same for a period of sixty months or longer for the purposes for which it was granted, the right of way shall revert to the state, or the state's grantee.
Sec. 14. RCW 79.01.795 and 1987 c 126 s 2 are each amended to read as follows:
When the department finds ((timber)) valuable materials on state land that ((is)) are damaged by fire, wind, flood, or from any other cause, it shall determine if the ((sale)) salvage of the damaged ((timber)) valuable materials is in the best interest of the trust for which the land is held. If ((selling)) salvaging the ((timber)) valuable materials is in the best interest of the trust, the department shall proceed to offer the ((timber)) valuable materials for sale ((within a period not to exceed seven months from the date of first identifying the damaged timber)). The valuable materials, when offered for sale, must be sold in the most expeditious and efficient manner as determined by the department. In determining if the sale is in the best interest of the trust the department shall consider the net value of the ((timber)) valuable materials and relevant elements of the physical and social environment. ((If selling the timber is not in the best interest of the trust, the department shall not offer it for sale until such time as in the department's determination it is in the trust's best interest.
If elements of the physical or social environment extend the time required to prepare the timber for sale beyond seven months from the date of first identifying the damaged timber, the department shall prepare the timber for sale at the earliest time practicable.))
Sec. 15. RCW 79.64.030 and 1999 c 279 s 1 are each amended to read as follows:
Funds in the account ((derived)) from the ((gross proceeds of)) moneys received from leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting school lands, university lands, scientific school lands, normal school lands, capitol building lands, or institutional lands shall be pooled and expended by the department solely for the purpose of defraying the costs and expenses necessarily incurred in managing and administering all of the trust lands enumerated in this section. Such funds may be used for similar costs and expenses in managing and administering other lands managed by the department provided that such expenditures that have been or may be made on such other lands shall be repaid to the resource management cost account together with interest at a rate determined by the board of natural resources.
Costs and expenses necessarily incurred in managing and administering agricultural college lands shall not be deducted from proceeds ((derived)) received from the sale of such lands or from the sale of resources that are part of the lands. Costs and expenses incurred in managing and administering agricultural college trust lands shall be funded by appropriation under RCW 79.64.090.
An accounting shall be made annually of the accrued expenditures from the pooled trust funds in the account. In the event the accounting determines that expenditures have been made from moneys ((derived)) received from trust lands for the benefit of other lands, such expenditure shall be considered a debt and an encumbrance against the property benefitted, including property held under chapter 76.12 RCW. The results of the accounting shall be reported to the legislature at the next regular session. The state treasurer is authorized, upon request of the department, to transfer funds between the forest development account and the resource management cost account solely for purpose of repaying loans pursuant to this section.
Sec. 16. RCW 79.64.040 and 1999 c 279 s 2 are each amended to read as follows:
The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the ((gross proceeds of)) moneys received from all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting public lands, provided that no deduction shall be made from the proceeds from agricultural college lands. Moneys received as deposits from successful bidders, advance payments, and security under RCW 79.01.132 and 79.01.204 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section. The deductions authorized under this section shall in no event exceed twenty-five percent of the ((total sum)) moneys received by the department in connection with any one transaction pertaining to public lands other than second class tide and shore lands and the beds of navigable waters, and fifty percent of the ((total gross proceeds)) moneys received by the department pertaining to second class tide and shore lands and the beds of navigable waters.
Sec. 17. RCW 79.64.050 and 1961 c 178 s 5 are each amended to read as follows:
All deductions from ((gross proceeds)) moneys received made in accordance with RCW 79.64.040 shall be paid into the account and the balance shall be paid into the state treasury to the credit of the fund otherwise entitled to the proceeds.
NEW SECTION. Sec. 18. A new section is added to chapter 79.01 RCW to read as follows:
(1) In the event that the department of natural resources determines that regulatory requirements or some other circumstance beyond the control of both the department and the purchaser has made a valuable materials contract wholly or partially impracticable to perform, the department may cancel any portion of the contract which could not be performed. In the event of such a cancellation, the purchaser shall not be liable for the purchase price of any portions of the contract so canceled. Market price fluctuations shall not constitute an impracticable situation for valuable materials contracts.
(2) Alternatively, and notwithstanding any other provision in this title, the department of natural resources may substitute valuable materials from another site in exchange for any valuable materials which the department determines have become impracticable to remove under the original contract. Any substituted valuable materials must belong to the identical trust involved in the original contract, and the substitute materials shall be determined by the department of natural resources to have an appraised value that is not greater than the valuable materials remaining under the original contract. The substitute valuable materials and site shall remain subject to all applicable permitting requirements and the state environmental policy act, chapter 43.21C RCW, for the activities proposed at that site. In any such substitution, the value of the materials substituted shall be fixed at the purchase price of the original contract regardless of subsequent market changes. Consent of the purchaser shall be required for any substitution under this section."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Jacobsen, the Senate concurred in the House amendment to Substitute Senate Bill No. 5862.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5862, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5862, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator McDonald - 1.
SUBSTITUTE SENATE BILL NO. 5862, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5940 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that Washington requires strong career and technical education programs to meet the academic and career preparation needs of secondary students. The legislature further finds that career and technical education programs, including the vocational skills centers, provide:
(a) Support for achievement of the certificate of mastery, particularly by students requiring applied learning opportunities for academic success;
(b) Support for special needs students to fulfill the occupational preparation required for self-sufficiency in adult life;
(c) Increases in the number of students who complete high school; and
(d) Assistance with students' transitions from secondary schools to postsecondary education, training, and employment.
(2) In order to provide students with a variety of learning experiences that will assist them in achieving the higher standards of education reform, school districts currently offering career and technical education programs shall continue to provide career and technical education programs and school districts not offering career and technical education programs are encouraged to begin providing such programs.
NEW SECTION. Sec. 2. A new section is added to chapter 28C.04 RCW to read as follows:
(1) To ensure high quality career and technical programs, the office of the superintendent of public instruction shall review and approve the plans of local districts for the delivery of career and technical education. Standards for career and technical programs shall be established by the office of the superintendent of public instruction. These standards should:
(a) Demonstrate how career and technical education programs will ensure academic rigor; align with the state's education reform requirements; help address the skills gap of Washington's economy; and maintain strong relationships with local career and technical education advisory councils for the design and delivery of career and technical education; and
(b) Demonstrate a strategy to align the five-year planning requirement under the federal Carl Perkins act with the state and district vocational program planning requirements that include:
(i) An assessment of equipment and technology needs to support the skills training of technical students;
(ii) An assessment of industry internships required for teachers to ensure the ability to prepare students for industry-defined standards or certifications, or both;
(iii) An assessment of the costs of supporting job shadows, mentors, community service and industry internships, and other activities for student learning in the community; and
(iv) A description of the leadership activities to be provided for technical education students.
(2) To ensure high quality career education programs and services in secondary schools, the office of the superintendent of public instruction may provide technical assistance to local districts and develop state guidelines for the delivery of career guidance in secondary schools.
(3) To ensure leadership development, the staff of the office of the superintendent of public instruction may serve as the state advisors to Washington state FFA, Washington future business leaders of America, Washington DECA, Washington SkillsUSA-VICA, Washington family, career and community leaders, and Washington technology students association, and any additional career or technical student organizations that are formed. Working with the directors or executive secretaries of these organizations, the office of the superintendent of public instruction may develop tools for the coordination of leadership activities with the curriculum of technical education programs.
(4) As used in this section, "career and technical education" means a planned program of courses and learning experiences that begins with exploration of career options; supports basic academic and life skills; and enables achievement of high academic standards, leadership, options for high skill, high wage employment preparation, and advanced and continuing education."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator McAuliffe, the Senate concurred in the House amendment to Substitute Senate Bill No. 5940.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5940, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5940, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 37.
Voting nay: Senators Benton, Deccio, Hale, Hewitt, Hochstatter, Johnson, McCaslin, McDonald, Morton, Roach, Stevens and Zarelli - 12.
SUBSTITUTE SENATE BILL NO. 5940, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:05 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:15 p.m.
The Senate was called to order at 1:15 p.m. by President Owen.
MESSAGES FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE HOUSE BILL NO. 1001,
HOUSE BILL NO. 1035,
HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1256,
SUBSTITUTE HOUSE BILL NO. 1467,
SUBSTITUTE HOUSE BILL NO. 1501,
SUBSTITUTE HOUSE BILL NO. 1884, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 16, 2001
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1259,
SUBSTITUTE HOUSE BILL NO. 1320,
SUBSTITUTE HOUSE BILL NO. 1384,
SUBSTITUTE HOUSE BILL NO. 1591,
` HOUSE BILL NO. 1895,
HOUSE BILL NO. 2029, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 17, 2001
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
SECOND SUBSTITUTE HOUSE BILL NO. 1752,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785,
HOUSE BILL NO. 1846,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 17, 2001
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
HOUSE BILL NO. 1287,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1458,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1655,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1658,
SUBSTITUTE HOUSE BILL NO. 1891, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 17, 2001
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1295,
HOUSE BILL NO. 1361, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 17, 2001
MR. PRESIDENT:
The Co-Speakers have signed:
HOUSE BILL NO. 1066,
HOUSE BILL NO. 1071,
SUBSTITUTE HOUSE BILL NO. 1091,
ENGROSSED HOUSE BILL NO. 1099,
HOUSE BILL NO. 1102,
SUBSTITUTE HOUSE BILL NO. 1135,
SUBSTITUTE HOUSE BILL NO. 1202,
SUBSTITUTE HOUSE BILL NO. 1212,
ENGROSSED HOUSE BILL NO. 1347,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1364,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1371,
ENGROSSED HOUSE BILL NO. 1407,
HOUSE BILL NO. 1422,
SUBSTITUTE HOUSE BILL NO. 1471,
SUBSTITUTE HOUSE BILL NO. 1545,
HOUSE BILL NO. 1564,
HOUSE BILL NO. 1578,
HOUSE BILL NO. 1611,
HOUSE BILL NO. 1614,
HOUSE BILL NO. 1633,
SUBSTITUTE HOUSE BILL NO. 1678,
HOUSE BILL NO. 1692,
HOUSE BILL NO. 1694,
HOUSE BILL NO. 1770,
SUBSTITUTE HOUSE BILL NO. 1821,
SECOND SUBSTITUTE HOUSE BILL NO. 1835,
SUBSTITUTE HOUSE BILL NO. 1836,
HOUSE BILL NO. 1865,
SUBSTITUTE HOUSE BILL NO. 1892,
ENGROSSED HOUSE BILL NO. 1936,
HOUSE BILL NO. 1951,
HOUSE BILL NO. 1952,
SUBSTITUTE HOUSE BILL NO. 1971,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1996,
SUBSTITUTE HOUSE BILL NO. 2049,
HOUSE BILL NO. 2086,
SUBSTITUTE HOUSE BILL NO. 2105,
SUBSTITUTE HOUSE BILL NO. 2184,
HOUSE JOINT RESOLUTION NO. 4202, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1001,
HOUSE BILL NO. 1035,
HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1256,
SUBSTITUTE HOUSE BILL NO. 1467,
SUBSTITUTE HOUSE BILL NO. 1501,
SUBSTITUTE HOUSE BILL NO. 1884.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1066,
HOUSE BILL NO. 1071,
SUBSTITUTE HOUSE BILL NO. 1091,
ENGROSSED HOUSE BILL NO. 1099,
HOUSE BILL NO. 1102,
SUBSTITUTE HOUSE BILL NO. 1135,
SUBSTITUTE HOUSE BILL NO. 1202,
SUBSTITUTE HOUSE BILL NO. 1212,
ENGROSSED HOUSE BILL NO. 1347,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1364,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1371,
ENGROSSED HOUSE BILL NO. 1407,
HOUSE BILL NO. 1422,
SUBSTITUTE HOUSE BILL NO. 1471,
SUBSTITUTE HOUSE BILL NO. 1545,
HOUSE BILL NO. 1564,
HOUSE BILL NO. 1578,
HOUSE BILL NO. 1611,
HOUSE BILL NO. 1614,
HOUSE BILL NO. 1633,
SUBSTITUTE HOUSE BILL NO. 1678,
HOUSE BILL NO. 1692,
HOUSE BILL NO. 1694,
HOUSE BILL NO. 1770,
SUBSTITUTE HOUSE BILL NO. 1821,
SECOND SUBSTITUTE HOUSE BILL NO. 1835,
SUBSTITUTE HOUSE BILL NO. 1836,
HOUSE BILL NO. 1865,
SUBSTITUTE HOUSE BILL NO. 1892,
ENGROSSED HOUSE BILL NO. 1936,
HOUSE BILL NO. 1951,
HOUSE BILL NO. 1952,
SUBSTITUTE HOUSE BILL NO. 1971,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1996,
SUBSTITUTE HOUSE BILL NO. 2049,
HOUSE BILL NO. 2086,
SUBSTITUTE HOUSE BILL NO. 2105,
SUBSTITUTE HOUSE BILL NO. 2184,
HOUSE JOINT RESOLUTION NO. 4202.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Hewitt, Gubernatorial Appointment No. 9054, Kayleen Bye, as a member of the Board of Trustees for Walla Walla Community College District No. 20, was confirmed.
APPOINTMENT OF KAYLEEN BYE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 10; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Johnson, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 39.
Absent: Senators Deccio, Fairley, Hargrove, Horn, Jacobsen, Kastama, Kline, McCaslin, Rasmussen and Rossi - 10.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Prentice, the following resolution was adopted:
SENATE RESOLUTION 2001-8671
By Senators Prentice, Johnson, Patterson and Kohl-Welles
WHEREAS, The Tukwila Wildlife Habitat Project is a volunteer program that teaches people how to certify their back yards as wildlife sanctuaries; and
WHEREAS, Certified habitats include landscaping for wildlife-friendly environments that offer food, water, cover and places to raise offspring; and
WHEREAS, The program is helping to make Tukwila a better place for songbirds, butterflies and other wildlife species, and is encouraging volunteerism and community pride; and
WHEREAS, Engaging in the project is an easy way for individuals to improve the quality of the environment and enjoy nature and wildlife; and
WHEREAS, the city of Tukwila is working to become the first city in Washington – and the fourth in the nation – certified through the National Wildlife Federation’s Community Wildlife Habitat Program;
WHEREAS, Participation includes Tukwila residents, departments, and businesses, as well as the state Department of Fish and Wildlife, the Woodland Park Zoo, the University of Washington, National Wildlife Federation and various conservation agencies and nonprofit organizations; and
WHEREAS, All of Tukwila’s public schools also are participating in the program; and
WHEREAS, The city of Tukwila has provided support for this project above and beyond expectations through financial and administrative support, use of public spaces for meetings, and sponsoring the Backyard Wildlife Fair and public demonstration gardens; and
WHEREAS, the Tukwila’s Mayor, City Council and City Administrator are the first city officials to provide such outstanding support of its citizens working towards certification by the National Wildlife Federation offering a tremendous incentive for citizen participation. NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby recognize the outstanding efforts of the Tukwila Wildlife Habitat Project and the city of Tukwila for the support and organization of wildlife conservation; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Secretary of the Senate to the coordinator of Tukwila Wildlife Habitat Project Michelle Roedell and Steve Mullet, the Mayor of Tukwila.
Senators Prentice, Patterson and Jacobsen spoke to Senate Resolution 2001-8671.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced, the Mayor of Tukwila Steve Mullet, the Tukwila Wildlife Habitat Project Coordinator Michelle Redell and the National Wildlife Federation’s Community Wildlife Habitat Program Coordinator Gretchen Muller, who were seated in the back of the Chamber.
PERSONAL PRIVILEGE
Senator Carlson: “A point of personal privilege, Mr. President. I would like the Senate to be aware that the flower that is in front of my desk and my colleagues desk is in honor of my new grandson, who was born on Friday, the thirteenth. His name is Ezekiel David Marvin Carlson and the flower is in his honor. Thank you very much.”
SPECIAL ORDER OF BUSINESS
The President announced that it was 1:30 p.m. and time for the Special Order of Business on Engrossed Substitute House Bill No. 1832.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
STATEMENT FOR THE JOURNAL
EXPLANATION WHY SENATE REPUBLICANS OPPOSED FLOOR AMENDMENTS
TO ENGROSSED SUBSTITUTE HOUSE BILL NO. 1832
Senate Republicans opposed the amendments to Engrossed Substitute House Bill No. 1832 because if the measure was amended by the Senate, several House members warned that the House likely would fail to approve an altered version of the bill. Over the past few years, the House and Senate have had lengthy negotiations to find compromises on a handful of important water policy bills.
However, nearly all these compromise bills failed to be approved by both chambers because time ran out due to the end of session. Engrossed Substitute House Bill No. 1832 represents our best opportunity in years for the Legislature to pass a meaningful water policy bill. In addition, Governor Locke has said he supports this measure in its current form and that he intends to sign it into law. Any technical amendments to improve this measure can be made in a subsequent bill. This issue is very important to residents in rural Washington, especially Eastern Washington. We can’t afford to wait another year to pass a meaningful bill that strengthens water policy. People have waited years for their water rights applications to be processed. This measure will help make this happen.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1832, by House Committee on Appropriations (originally sponsored by Representatives Linville and G. Chandler (by request of Governor Locke)
Modifying provisions concerning water management.
The bill was read the second time.
MOTION
Senator Regala moved that the following amendment be adopted:
On page 1, line 18, strike "clarifying" and insert "changing".
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Regala on page 1, line 18, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Regala failed and the amendment was not adopted.
MOTION
Senator Fraser moved that the following amendments be considered simultaneously and be adopted:
On page 3, line 24, strike all material beginning with “provides” and ending with “planning” on page 3, line 25, and insert “and submit a proposal within the time established in RCW 90.82.130"
On page 5, after line 11, strike all of Section 3.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Fraser on page 3, line 24, and page 5, after line 11, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Fraser failed and the amendments were not adopted.
MOTION
Senator Regala moved that the following amendments be considered simultaneously and be adopted:
On page 3, line 31, strike all material beginning with "By" and ending with "unit. on page 4, line 6, and "insert the following:
"If, by December 1, 2001, or within twelve months of receiving an initial organizing grant under this section, whichever occurs later, a planning unit has not chosen to address instream flow in accordance with RCW 90.82.080, the department shall retain one hundred thousand dollars, or as much thereof as is required, of funds appropriated for supplemental funding for optional plan components under this section to carry out an assessment to support establishment of instream flow in accordance with RCW 90.54.020(3)(a) and chapter 90.22 RCW."
On page 4, beginning on line 9, strike all material beginning with "in" and ending with "amending" and insert "to".
On page 5, beginning on line 14, strike all material beginning with "By" and ending with "laws" on line 24 and insert the following:
"By October 1, 2001 the department of ecology shall complete a final nonproject environmental impact statement evaluating alternative instream flow setting goals and methodologies. Planning units addressing instream flows in accordance with RCW 90.82.080 must consider the environmental impact statement. If different goals and methodologies are selected, planning units shall have financial responsibility for the additional environmental review required."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Regala on page 3, line 31; page 4, beginning on line 9; and page 5, beginning on line 14, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Regala failed and the amendments were not adopted.
MOTION
Senator Fraser moved that the following amendment be adopted:
On page 4, line 4, delete everything from “The department” through “planning unit.” on page 4, line 6
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 4, line 4, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Fraser failed and the amendment was not adopted.
MOTION
Senator Fraser moved that the following amendment be adopted:
On page 9, line 8, after “condition of” insert “receiving priority for”
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 9, line 8, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Fraser failed and the amendment was not adopted.
MOTION
Senator Fraser moved that the following amendments be considered simultaneously and be adopted:
On page 14, line 2 after "(2)" insert "Except as provided in subsection (b)"
On page 14, beginning on line 20 delete "If an application" through "application." on line 22 and insert:
"(b) If an application proposes to transfer water from another basin located in a water resource inventory area outside the jurisdiction of the board, and the maximum quantity of water to be transferred exceeds one thousand acre feet annually, the application shall not be filed with the board but shall be filed directly with the department."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Fraser on page 14, lines 2 and beginning on line 20, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Fraser failed and the amendments were not adopted.
MOTION
Senator Fraser moved that the following amendments be considered simultaneously and be adopted:
On page 17, line 32 delete "or"
On page 17, line 35 after "application" insert the following:
"(d) Has an immediate family member with an ownership or financial interest in the application submitted to the board"
Debate ensued.
POINT OF ORDER
Senator Tim Sheldon: “A point of order, Mr. President. I hate to interrupt the good Senator, but just as a point of order and to follow the Senate Rules, aren’t we debating the amendments on page 17?”
REPLY BY THE PRESIDENT
President Owen: “That is correct.”
Senator Tim Sheldon: “Could we stick to the subject of the amendments?”
Senator Franklin: “And that is what I am sticking to, Senator.”
REPLY BY THE PRESIDENT
President Owen: “Senator Sheldon, while the President would appreciate that you do that, I believe the door has been opened a little bit on both sides on this particular amendment. Senator Franklin--”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Fraser on page 17, lines 32 and 35, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Fraser failed and the amendments were not adopted.
MOTION
Senator Fraser moved that the following amendment be adopted:
On page 18, line 1 delete "((A commissioner of a water conservancy board who also serves as an employee or upon the governing body of a municipally owned water system, shall not participate in the board's review or decision upon an application for the transfer or change of a water right in which that water system has or is proposed to have an ownership interest.))" and insert the following:
"A commissioner of a water conservancy board who also serves as an employee or upon the governing body of a municipally owned water system, shall not participate in the board's review or decision upon an application for the transfer or change of a water right in which that water system has or is proposed to have an ownership interest."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 18, line 1, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Fraser failed and the amendment was not adopted.
MOTION
Senator Fraser moved that the following amendment be adopted:
On page 20, line 7 after "boards" insert "including in-kind, pro-bono and other financial assistance and services provided to such boards"
Debate ensued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Fraser on page 20, line 7, to Engrossed Substitute House Bill No. 1832.
Further debate ensued.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Fraser on page 20, line 7, to Engrossed Substitute House Bill No. 1832 and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau -23.
Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 26
MOTION
Senator Fraser moved that the following amendment be adopted:
On page 20, line 32 after "(2) A" insert "water right established as a"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 20, line 32, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Fraser failed and the amendment was not adopted.
MOTION
Senator Kline moved that the following amendment be adopted:
On page 20, line 35, strike all material beginning with “To” and ending with (c) on page 21, line 3
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 20, line 35, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Kline failed and the amendment was not adopted.
MOTION
Senator Regala moved that the following amendment be adopted:
On page 22, on line 1, after "(6)" insert the following:
"Any proposed transfer of an entire water right under this section shall be conditioned to require retention of a water right sufficient for domestic uses on the land to which the right is appurtenant."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Regala on page 22, line 1, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Regala failed and the amendment was not adopted.
MOTION
Senator Kline moved that the following amendment be adopted:
On page 22, line 11, deleted “((two)) six “ and insert “two”
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 22, line 11, to Engrossed Substitute House Bill No. 1832.
The motion by Senator Kline failed and the amendment was not adopted.
MOTION
Senator Brown moved that the following amendment be adopted:
On page 24, beginning on line 1, strike all of section 26 and insert the following:
"NEW SECTION. Sec.26. A new section is added to chapter 82.16 RCW to read as follows:
(1) The legislature intends to provide an incentive for water distribution businesses to help reduce their customers' use of water through measures such as: Water conservation and outreach programs, distributing shower flow restrictors, toilet tank water displacement devices, and leak detection dye tablets; providing water-efficient fixtures at no cost, giving a rebate for customer-purchased fixtures, or arranging for suppliers to provide fixtures at a reduced price; providing plants for low-water demand landscaping, moisture sensors, flow timers, low-volume sprinklers, and drip irrigation systems; and using conservation pricing and billings that show percentage increase/decrease in water use over the same period from the previous year.
(2) There is allowed a credit against the tax imposed under RCW 82.16.020 equal to two and five-tenths percent of those amounts expended to improve consumers' efficiency of water use or to otherwise reduce the use of water by the consumer when the expenditures are implementing elements of the conservation plan within a state approved water system plan or a small water system management program.
(3) There is allowed a credit against the tax imposed under RCW 82.16.020 equal to two and five-tenths percent of the amounts received for water services supplied by an entity that holds a permit under RCW 90.46.030 when the water supplied is reclaimed water as defined in RCW 90.46.010.
(4) No credit may be taken under subsections (1) or (2) of this section unless the credit is first approved by the department. Application for tax credits under subsections (1) and (2) of this section may only be made in the form and manner prescribed by the department. The department shall keep a running total of all credits authorized under subsections (1) and (2) of this section during each fiscal year. The department shall not allow any credits which would cause the total to exceed two hundred fifty thousand dollars in any fiscal year. Credits allowed under this subsection may be carried over until used.
(5) No credits may be authorized under this section after June 30, 2003."
Debate ensued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Brown on page 24, beginning on line 1, to Engrossed Substitute House Bill No. 1832.
Further debate ensued.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Brown on page 24, beginning on line 1, to Engrossed Substitute House Bill No. 1832 and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau -24.
Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.
MOTION
Senator Brown moved that the following amendment be adopted:
On page 34, after line 12, insert the following:
"NEW SECTION. Sec. 33. The legislature declares an emergency caused by a natural disaster of drought as proclaimed by the governor.
NEW SECTION. Sec. 34. The sum of eight million dollars is appropriated from the emergency reserve fund to the state conservation commission for fiscal year 2001. The appropriation in this section is provided solely to provide grants to conservation districts to assist the agricultural community to implement water conservation measures and irrigation efficiencies in the 16 water resource inventory areas identified by the governor's salmon recovery office where more water has been allocated that is naturally available for at least part of the year and in which one or more fish stocks are listed under the federal Endangered Species Act. In consultation with the department of ecology, a conservation district receiving funds shall manage each grant to ensure that a portion of the water saved by the water conservation measure or irrigation efficiency will be placed in the trust water rights program under chapter 90.38 RCW and chapter 90.42 RCW to enhance instream flows. The proportion of saved water placed in the trust water rights program shall be equal to the percentage of the public investment in the conservation measure or irrigation efficiency. The percentage of the public investment may not exceed 85% of the total cost of the conservation measure or irrigation efficiency. In awarding grants, a conservation district shall give first priority to family farms as defined under RCW 90.66.040.
By February 1, 2003, the commission shall submit a progress report
to the appropriate standing committees of the legislature on: (1) the
amount of public funds expended from this section; (2) the location
and amount of water placed in the trust water rights program pursuant to this section; and (3) the methods used by conservation districts to ensure a portion of the water saved by the water conservation measure or irrigation efficiency actually enhanced stream flows.
Any monies remaining unexpended from the appropriation in this section on June 30, 2001, are reappropriated for expenditure in fiscal years 2002 and 2003.
NEW SECTION. Sec. 35. The sum of seven million dollars is appropriated from the emergency reserve fund to the department of ecology. The appropriation in this section is provided solely to purchase water rights to be placed in the trust water rights program under chapter 90.38 RCW and chapter 90.42 RCW and to purchase water use metering equipment and stream flow monitoring equipment. The department shall allocate eighty percent of the appropriation for the purchase of trust water rights. Any monies remaining unexpended from the appropriation in this section on June 30, 2001, are reappropriated for expenditure in fiscal years 2002 and 2003."
Debate ensued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Brown on page 34, line 12, to Engrossed Substitute House Bill No. 1832.
Further debate ensued.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Brown on page 34, line 12, to Engrossed Substitute House Bill No. 1832 and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau -24.
Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.
MOTION
Senator Brown moved that the following amendment be adopted:
On page 34, after line 23, insert the following:
NEW SECTION. Sec. 36. Six million dollars from the water quality account is appropriated to the department of ecology and is provided solely to eliminate, by June 30, 2006, the backlog of applications for changes and transfers of existing water rights as the backlog exists on June 30, 2001, including additional applications filed, as authorized by section 5 of this act.
NEW SECTION. Sec. 37. $3,114,000 from the water quality account is appropriated to the department of ecology and is provided solely to support local watershed planning efforts. Of this amount: (1) $2,100,000 is provided solely to make grants to local governments for targeted watershed assessments as authorized by section 2 of this act; and (2) the remainder of the funding is provided for development of a state environmental policy act template to streamline environmental review, creation of a blue ribbon panel to develop long-term watershed planning implementation funding options, and technical assistance."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Brown on page 34, after line 23, to Engrossed Substitute House Bill No. 1832.
Further debate ensued.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Brown on page 34, after line 23, to Engrossed Substitute House Bill No. 1832 and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau -23.
Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hargrove Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 26
MOTION
On motion of Senator Sheahan, the rules were suspended, Engrossed Substitute House Bill No. 1832 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1832.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1832 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Carlson, Deccio, Eide, Finkbeiner, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley and Zarelli - 33.
Voting nay: Senators Brown, Constantine, Costa, Fairley, Franklin, Fraser, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 16.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1832, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Honeyford: “A point of personal privilege, Mr. President. You were faster than we were. We had planned on a colloquy here and I just wanted to mention one of the problems that we have. The conservancy boards, through the court decisions, had applications in the process. When the judge ruled on that process, those applications stopped. Some of them had newspaper notification and everything else in order to go forward, so we wanted to insure that they could start from the point that they stopped and go forward from there. I just wanted to mention that is a problem that we need to be looking at. Thank you, Mr. President.”
PERSONAL PRIVILEGE
Senator Fraser: “A point of personal privilege, Mr. President. Just a point of information responding to the prior comment on what about applications that got halted as the result of a court decision. I would just like to say that I don’t know of any language--verbal discussion on this floor--that would affect the legal status of those and it would have been nice to have an amendment dealing with that.”
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business
MESSAGE FROM THE HOUSE
April 4, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6055 with the following amendment(s):
On page 2, line 34 after “(5)” insert: “Use the assessment tool developed pursuant to subsection (4) in making out-of-home placement decisions for children;
(6)”
Renumber the remaining sections consecutively and correct any internal references accordingly., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Costa, the Senate concurred in the House amendment to Substitute Senate Bill No. 6055.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6055, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6055, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6055 as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senators Kline and Prentice were excused.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5122 with the following amendment(s):
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., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Costa, the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5122. The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5122, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5122, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Absent: Senator Hargrove - 1.
Excused: Senators Kline and Prentice - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Hargrove was excused.
MESSAGE FROM THE HOUSE
April 6, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5961 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 4.24.350 and 1997 c 206 s 1 are each amended to read as follows:
(1) In any action for damages, whether based on tort or contract or otherwise, a claim or counterclaim for damages may be litigated in the principal action for malicious prosecution on the ground that the action was instituted with knowledge that the same was false, and unfounded, malicious and without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing an action known to be false and unfounded.
(2) In any action, claim, or counterclaim brought by a judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution arising out of the performance or purported performance of the public duty of such officer, an arrest or seizure of property need not be an element of the claim, nor do special damages need to be proved. A judicial officer, prosecuting authority, or law enforcement officer prevailing in such an action may be allowed an amount up to one thousand dollars as liquidated damages, together with a reasonable attorneys' fee, and other costs of suit. A government entity which has provided legal services to the prevailing judicial officer, prosecuting authority, or law enforcement officer has reimbursement rights to any award for reasonable attorneys' fees and other costs, but shall have no such rights to any liquidated damages allowed.
(3) No action may be brought against an attorney under this section solely because of that attorney's representation of a party in a lawsuit.
(4) As used in this section:
(a) "Judicial officer" means a justice, judge, magistrate, or other judicial officer of the state or a city, town, or county.
(b) "Prosecuting authority" means any officer or employee of the state or a city, town, or county who is authorized by law to initiate a criminal or civil proceeding on behalf of the public.
(c) "Law enforcement officer" means a member of the state patrol, a sheriff or deputy sheriff, or a member of the police force of a city, town, university, state college, or port district, or a (("wildlife agent" or "ex officio wildlife agent")) fish and wildlife officer or ex officio fish and wildlife officer as defined in RCW 77.08.010.
Sec. 2. RCW 43.70.185 and 1995 c 147 s 7 are each amended to read as follows:
(1) The department may enter and inspect any property, lands, or waters, of this state in or on which any marine species are located or from which such species are harvested, whether recreationally or for sale or barter, and any land or water of this state which may cause or contribute to the pollution of areas in or on which such species are harvested or processed. The department may take any reasonably necessary samples to determine whether such species or any lot, batch, or quantity of such species is safe for human consumption.
(2) If the department determines that any species or any lot, batch, or other quantity of such species is unsafe for human consumption because consumption is likely to cause actual harm or because consumption presents a potential risk of substantial harm, the department may, by order under chapter 34.05 RCW, prohibit or restrict the commercial or recreational harvest or landing of any marine species except the recreational harvest of shellfish as defined in chapter 69.30 RCW if taken from privately owned tidelands.
(3) It is unlawful to harvest any marine species in violation of a departmental order prohibiting or restricting such harvest under this section or to possess or sell any marine species so harvested.
(4) Any person who sells any marine species taken in violation of this section is subject to the penalties provided in RCW 69.30.140 and 69.30.150. Any person who harvests or possesses marine species taken in violation of this section is guilty of a civil infraction and is subject to the penalties provided in RCW 69.30.150. Notwithstanding this section, any person who harvests, possesses, sells, offers to sell, culls, shucks, or packs shellfish is subject to the penalty provisions of chapter 69.30 RCW. Charges shall not be brought against a person under both chapter 69.30 RCW and this section in connection with this same action, incident, or event.
(5) The criminal provisions of this section are subject to enforcement by fish and wildlife ((enforcement)) officers or ex officio fish and wildlife ((enforcement patrol)) officers as defined in RCW ((75.08.011)) 77.08.010.
(6) As used in this section, marine species include all fish, invertebrate or plant species which are found during any portion of the life cycle of those species in the marine environment.
Sec. 3. RCW 46.09.200 and 1986 c 100 s 52 are each amended to read as follows:
The provisions of this chapter shall be enforced by all persons having the authority to enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their deputies, all municipal law enforcement officers within their respective jurisdictions, ((state wildlife agents and deputy wildlife agents)) fish and wildlife officers, state park rangers, ((state fisheries patrolmen,)) and those employees of the department of natural resources designated by the commissioner of public lands under RCW 43.30.310, 76.04.035, and 76.04.045.
Sec. 4. RCW 46.10.200 and 1980 c 78 s 131 are each amended to read as follows:
The provisions of this chapter shall be enforced by all persons having the authority to enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their deputies, all municipal law enforcement officers within their respective jurisdictions, fish and wildlife ((agents)) officers, state park rangers, ((state fisheries patrol officers,)) and those employees of the department of natural resources designated by the commissioner of public lands under RCW 43.30.310, as having police powers to enforce the laws of this state.
Sec. 5. RCW 69.30.010 and 1995 c 147 s 1 are each amended to read as follows:
When used in this chapter, the following terms shall have the following meanings:
(1) "Shellfish" means all varieties of fresh and frozen oysters, mussels, clams, and scallops, either shucked or in the shell, and any fresh or frozen edible products thereof.
(2) "Sale" means to sell, offer for sale, barter, trade, deliver, consign, hold for sale, consignment, barter, trade, or delivery, and/or possess with intent to sell or dispose of in any commercial manner.
(3) "Shellfish growing areas" means the lands and waters in and upon which shellfish are grown for harvesting in commercial quantity or for sale for human consumption.
(4) "Establishment" means the buildings, together with the necessary equipment and appurtenances, used for the storage, culling, shucking, packing and/or shipping of shellfish in commercial quantity or for sale for human consumption.
(5) "Person" means any individual, partnership, firm, company, corporation, association, or the authorized agents of any such entities.
(6) "Department" means the state department of health.
(7) "Secretary" means the secretary of health or his or her authorized representatives.
(8) "Commercial quantity" means any quantity exceeding: (a) Forty pounds of mussels; (b) one hundred oysters; (c) fourteen horse clams; (d) six geoducks; (e) fifty pounds of hard or soft shell clams; or (f) fifty pounds of scallops. The poundage in this subsection (8) constitutes weight with the shell.
(9) "Fish and wildlife ((enforcement)) officer" means a ((fisheries patrol officer or an ex officio fisheries patrol)) fish and wildlife officer as defined in RCW ((75.08.011 (4) and (5) or a wildlife agent or an ex officio wildlife agent as defined in RCW 77.08.010 (5) and (6))) 77.08.010.
(10) "Ex officio fish and wildlife officer" means an ex officio fish and wildlife officer as defined in RCW 77.08.010.
Sec. 6. RCW 69.30.110 and 1995 c 147 s 4 are each amended to read as follows:
It is unlawful for any person to possess a commercial quantity of shellfish or to sell or offer to sell shellfish in the state which have not been grown, shucked, packed, or shipped in accordance with the provisions of this chapter. Failure of a shellfish grower to display immediately a certificate of approval issued under RCW 69.30.050 to an authorized representative of the department, a fish and wildlife ((enforcement)) officer, or an ex officio fish and wildlife ((enforcement)) officer subjects the grower to the penalty provisions of this chapter, as well as immediate seizure of the shellfish by the representative or officer.
Failure of a shellfish processor to display a certificate of approval issued under RCW 69.30.060 to an authorized representative of the department, a fish and wildlife ((enforcement)) officer, or an ex officio fish and wildlife ((enforcement)) officer subjects the processor to the penalty provisions of this chapter, as well as immediate seizure of the shellfish by the representative or officer.
Shellfish seized under this section shall be subject to prompt disposal by the representative or officer and may not be used for human consumption. The state board of health shall develop by rule procedures for the disposal of the seized shellfish.
Sec. 7. RCW 69.30.140 and 1995 c 147 s 6 are each amended to read as follows:
Any person convicted of violating any of the provisions of this chapter shall be guilty of a gross misdemeanor. A conviction is an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this chapter, regardless of whether imposition of sentence is deferred or the penalty is suspended, and shall be treated as a ((violation)) conviction for purposes of license ((forfeiture)) revocation and suspension of privileges under RCW ((75.10.120)) 77.15.700(5).
Sec. 8. RCW 70.93.050 and 1980 c 78 s 132 are each amended to read as follows:
The director shall designate trained employees of the department to be vested with police powers to enforce and administer the provisions of this chapter and all rules ((and regulations)) adopted thereunder. The director shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and personnel reasonably necessary to carry out the enforcement provisions of this chapter. In addition, state patrol officers, fish and wildlife ((agents)) officers, fire wardens, deputy fire wardens and forest rangers, sheriffs and marshals and their deputies, and police officers, and those employees of the department of ecology and the parks and recreation commission vested with police powers all shall enforce the provisions of this chapter and all rules ((and regulations)) adopted thereunder and are hereby empowered to issue citations to and/or arrest without warrant, persons violating any provision of this chapter or any of the rules ((and regulations)) adopted hereunder. All of the foregoing enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing the provisions of this chapter and rules ((and regulations)) adopted hereunder. In addition, mailing by registered mail of such warrant, citation, or other process to his or her last known place of residence shall be deemed as personal service upon the person charged.
Sec. 9. RCW 76.04.045 and 1986 c 100 s 5 are each amended to read as follows:
(1) All Washington state patrol officers, ((wildlife agents, fisheries patrol)) fish and wildlife officers, deputy state fire marshals, and state park rangers, while in their respective jurisdictions, shall be ex officio rangers.
(2) Employees of the United States forest service, when recommended by their forest supervisor, and citizens of the state advantageously located may, at the discretion of the department, be commissioned as rangers and vested with the certain powers and duties of wardens as specified in this chapter and as directed by the department.
(3) Rangers shall receive no compensation for their services except when employed in cooperation with the state and under the provisions of this chapter and shall not create any indebtedness or incur any liability on behalf of the state: PROVIDED, That rangers actually engaged in extinguishing or preventing the spread of fire on forest land or elsewhere that may endanger forest land shall, when their accounts for such service have been approved by the department, be entitled to receive compensation for such services at a rate to be fixed by the department.
(4) The department may cancel the commission of any ranger or authority granted to any ex officio ranger who may be incompetent or unwilling to discharge properly the duties of the office.
Sec. 10. RCW 77.08.010 and 2000 c 107 s 207 are each amended to read as follows:
As used in this title or rules adopted under this title, unless the context clearly requires otherwise:
(1) "Director" means the director of fish and wildlife.
(2) "Department" means the department of fish and wildlife.
(3) "Commission" means the state fish and wildlife commission.
(4) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
(5) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.
(6) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
(9) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
(11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, ((or)) game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.
(12) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing ((for game fish)) or harvesting is prohibited.
(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.
(28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
(29) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
(30) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.
(31) "Senior" means a person seventy years old or older.
(32) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
(33) "Saltwater" means those marine waters seaward of river mouths.
(34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
(35) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
(36) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
(37) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
(38) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.
(39) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
(40) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
(41) "Commercial" means related to or connected with buying, selling, or bartering. ((Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.))
(42) "To process" and its derivatives mean preparing or preserving ((food)) fish, wildlife, or shellfish.
(43) "Personal use" means for the private use of the individual taking the ((food)) fish or shellfish and not for sale or barter.
(44) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.
(45) "Fishery" means the taking of one or more particular species of ((food)) fish or shellfish with particular gear in a particular geographical area.
(46) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
(47) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
(48) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
Sec. 11. RCW 77.12.039 and 2000 c 107 s 5 are each amended to read as follows:
The director may accept money or real property from persons under conditions requiring the use of the property or money for the protection, rehabilitation, preservation, or conservation of the state wildlife, ((food)) fish, and shellfish resources, or in settlement of claims for damages to wildlife, ((food)) fish, and shellfish resources. The director shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of ((these fisheries)) fish, shellfish, and wildlife resources.
Sec. 12. RCW 77.12.043 and 1985 c 458 s 7 are each amended to read as follows:
(1) The director may enter into contracts and agreements with a person to secure ((food)) fish or shellfish or for the construction, operation, and maintenance of facilities for the propagation of ((food)) fish or shellfish.
(2) The director may enter into contracts and agreements to procure from private aquaculturists ((food)) fish or shellfish with which to stock state waters.
Sec. 13. RCW 77.12.045 and 1995 1st sp.s. c 2 s 10 are each amended to read as follows:
Consistent with federal law, the commission's authority extends to all areas and waters within the territorial boundaries of the state, to the offshore waters, and to the concurrent waters of the Columbia river.
Consistent with federal law, the commission's authority extends to fishing in offshore waters by residents of this state.
The commission may adopt rules consistent with the regulations adopted by the United States department of commerce for the offshore waters. The commission may adopt rules consistent with the recommendations or regulations of the Pacific marine fisheries commission, Columbia river compact, the Pacific salmon commission as provided in chapter ((75.40)) 77.75 RCW, or the international Pacific halibut commission.
Sec. 14. RCW 77.12.047 and 2000 c 107 s 7 are each amended to read as follows:
(1) The commission may adopt, amend, or repeal rules as follows:
(a) Specifying the times when the taking of wildlife, ((food)) fish, or shellfish is lawful or unlawful.
(b) Specifying the areas and waters in which the taking and possession of wildlife, ((food)) fish, or shellfish is lawful or unlawful.
(c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, ((food)) fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.
(d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, ((food)) fish, ((or)) shellfish, or seaweed within the state, whether acquired within or without the state.
(e) Regulating the prevention and suppression of diseases and pests affecting wildlife, ((food)) fish, or shellfish.
(f) Regulating the size, sex, species, and quantities of wildlife, ((food)) fish, or shellfish that may be taken, possessed, sold, or disposed of.
(g) Specifying the statistical and biological reports required from ((fishermen)) fishers, dealers, boathouses, or processors of wildlife, ((food)) fish, or shellfish.
(h) Classifying species of marine and freshwater life as food fish or shellfish.
(i) Classifying the species of wildlife, ((food)) fish, and shellfish that may be used for purposes other than human consumption.
(j) Regulating the taking, sale, possession, and distribution of wildlife, fish, shellfish, or deleterious exotic wildlife.
(k) Establishing game reserves and closed areas where hunting for wild animals or wild birds may be prohibited.
(l) Regulating the harvesting of fish, shellfish, and wildlife in the federal exclusive economic zone by vessels or individuals registered or licensed under the laws of this state.
(m) Authorizing issuance of permits to release, plant, or place fish or shellfish in state waters.
(n) Governing the possession of fish, shellfish, or wildlife so that the size, species, or sex can be determined visually in the field or while being transported.
(o) Other rules necessary to carry out this title and the purposes and duties of the department.
(2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.
"Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild.
(3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.
Sec. 15. RCW 77.12.170 and 2000 c 107 s 216 are each amended to read as follows:
(1) There is established in the state treasury the state wildlife fund which consists of moneys received from:
(a) Rentals or concessions of the department;
(b) The sale of real or personal property held for department purposes;
(c) The sale of licenses, permits, tags, and stamps((, and punchcards)) required by ((this title)) chapter 77.32 RCW and section 56 of this act, except annual resident adult saltwater and all shellfish licenses, which shall be deposited into the state general fund;
(d) Fees for informational materials published by the department;
(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;
(f) Articles or wildlife sold by the director under this title;
(g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320 or 77.32.380;
(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;
(i) The sale of personal property seized by the department for ((food)) fish, shellfish, or wildlife violations; and
(j) The department's share of revenues from auctions and raffles authorized by the commission.
(2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife fund.
Sec. 16. RCW 77.12.177 and 2000 c 107 s 10 are each amended to read as follows:
(1) Except as provided in this title, state and county officers receiving the following moneys shall deposit them in the state general fund:
(a) The sale of commercial licenses required under this title, except for licenses issued under ((chapter 77.32 RCW)) section 56 of this act; and
(b) Moneys received for damages to food fish or shellfish.
(2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.
(3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW.
(4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.
(5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 77.95.090.
(6) Moneys received by the commission under RCW 77.12.039, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.
(7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.
Sec. 17. RCW 77.12.204 and 2000 c 107 s 217 are each amended to read as follows:
The department of fish and wildlife shall implement practices necessary to meet the standards developed under RCW 79.01.295 on agency-owned and managed agricultural and grazing lands. The standards may be modified on a site-specific basis as necessary and as determined by the department of fish and wildlife((, for species that these agencies respectively manage,)) to achieve the goals established under RCW 79.01.295(1). Existing lessees shall be provided an opportunity to participate in any site-specific field review. Department agricultural and grazing leases issued after December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to RCW 79.01.295.
This section shall in no way prevent the department of fish and wildlife from managing its lands according to the provisions of RCW ((75.08.012)) 77.04.012, 77.12.210, or rules adopted pursuant to this chapter.
Sec. 18. RCW 77.12.264 and 2000 c 107 s 9 are each amended to read as follows:
The director shall relieve from active duty fish and wildlife officers who are injured in the performance of their official duties to such an extent as to be incapable of active service. While relieved from active duty, the employees shall receive one-half of their salary less any compensation received through the provisions of RCW 41.40.200, 41.40.220, and ((75.08.206)) 77.12.262.
Sec. 19. RCW 77.12.320 and 1987 c 506 s 41 are each amended to read as follows:
(1) The commission may make agreements with persons, political subdivisions of this state, or the United States or its agencies or instrumentalities, regarding fish, shellfish, and wildlife-oriented recreation and the propagation, protection, conservation, and control of fish, shellfish, and wildlife.
(2) The director may make written agreements with the owners or lessees of real or personal property to provide for the use of the property for fish, shellfish, and wildlife-oriented recreation. The director may adopt rules governing the conduct of persons in or on the real property.
(3) The director may accept compensation for fish, shellfish, and wildlife losses or gifts or grants of personal property for use by the department.
Sec. 20. RCW 77.12.325 and 1980 c 78 s 52 are each amended to read as follows:
The commission may cooperate with the Oregon fish and wildlife commission in the adoption of rules to ((assure)) ensure an annual yield of fish, shellfish, and wildlife on the Columbia river and to prevent the taking of fish, shellfish, and wildlife at places or times that might endanger fish, shellfish, and wildlife.
Sec. 21. RCW 77.12.425 and 1980 c 78 s 90 are each amended to read as follows:
The director may authorize removal, relocation, reconstruction, or other modification of an inadequate fishway or fish protective device required by RCW ((77.16.210 and)) 77.16.220 (as recodified by this act) which device was in existence on September 1, 1963, without cost to the owner for materials and labor. The modification may not materially alter the amount of water flowing through the fishway or fish protective device. Following modification, the fishway or fish protective device shall be maintained at the expense of the person or governmental agency owning the obstruction or water diversion device.
Sec. 22. RCW 77.12.455 and 1995 1st sp.s. c 2 s 16 are each amended to read as follows:
The commission may prohibit the introduction, transportation or transplanting of ((food)) fish, shellfish, organisms, material, or other equipment which in the commission's judgment may transmit any disease or pests affecting ((food)) fish or shellfish.
Sec. 23. 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, harvesting, 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, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title, and may request the person to write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license.
Sec. 24. RCW 77.15.090 and 2000 c 107 s 234 are each amended to read as follows:
On a showing of probable cause that there has been a violation of any fish, seaweed, shellfish, or wildlife law of the state of Washington, or upon a showing of probable cause to believe that evidence of such violation may be found at a place, a court shall issue a search warrant or arrest warrant. Fish and wildlife officers may execute any such arrest or search warrant reasonably necessary to their duties under this title and may seize fish, seaweed, shellfish, and wildlife or any evidence of a crime and the fruits or instrumentalities of a crime as provided by warrant. The court may have a building, enclosure, vehicle, vessel, container, or receptacle opened or entered and the contents examined.
Sec. 25. RCW 77.15.094 and 2000 c 107 s 214 are each amended to read as follows:
Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.
Sec. 26. RCW 77.15.096 and 1998 c 190 s 116 are each amended to read as follows:
Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife, and records required by the department of any commercial fisher or wholesale dealer or fish buyer. Fish and wildlife officers may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and records required by the department of any shipping agent or other person placing or attempting to place fish, shellfish, or wildlife into interstate commerce, any cold storage plant that the department has probable cause to believe contains fish, shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish, shellfish, or wildlife ((or both)), and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife ((or both)).
Sec. 27. RCW 77.15.110 and 1998 c 190 s 8 are each amended to read as follows:
(1) For purposes of this chapter, a person acts for commercial purposes if the person:
(a) Acts with intent to sell, attempted to sell, sold, bartered, attempted to purchase, or purchased fish, seaweed, shellfish, or wildlife;
(b) Uses gear typical of that used in commercial fisheries;
(c) Exceeds the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed;
(d) Delivers or attempts to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells fish, seaweed, shellfish, or wildlife including any licensed or unlicensed wholesaler; ((or))
(e) Takes fish or shellfish using a vessel designated on a commercial fishery license and gear not authorized in a personal use fishery;
(f) Sells or deals in raw furs; or
(g) Performs taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services.
(2) For purposes of this chapter, the value of any fish, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, shellfish, or wildlife including market price for farm-raised game animals. The value assigned to specific fish, shellfish, or wildlife by RCW ((77.21.070)) 77.15.420 may be presumed to be the value of such fish, shellfish, or wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish, shellfish, or wildlife was taken in compliance with law if the fish, shellfish, or wildlife was unlawfully taken and had no lawful market value.
Sec. 28. RCW 77.15.150 and 1998 c 190 s 16 are each amended to read as follows:
(1) A person is guilty of unlawful use of poison or explosives if:
(a) The person lays out, sets out, or uses a drug, poison, or other deleterious substance that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if the person is using the substance in compliance with federal and state laws and label instructions; or
(b) The person lays out, sets out, or uses an explosive that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if authorized by law or permit of the director.
(2) Unlawful use of poison or explosives is a gross misdemeanor.
Sec. 29. RCW 77.15.180 and 1998 c 190 s 22 are each amended to read as follows:
(1) A person is guilty of unlawful interference with fishing or hunting gear in the second degree if the person:
(a) Takes or releases a wild animal from another person's trap without permission;
(b) Springs, pulls up, damages, possesses, or destroys another person's trap without the owner's permission; or
(c) Interferes with recreational gear used to take fish or shellfish.
(2) Unlawful interference with fishing or hunting gear in the second degree is a misdemeanor.
(3) A person is guilty of unlawful interference with fishing or hunting gear in the first degree if the person:
(a) Takes or releases ((food)) fish or shellfish from commercial fishing gear without the owner's permission; or
(b) Intentionally destroys or interferes with commercial fishing gear.
(4) Unlawful interference with fishing or hunting gear in the first degree is a gross misdemeanor.
(5) A person is not in violation of unlawful interference with fishing or hunting gear if the person removes a trap placed on property owned, leased, or rented by the person.
Sec. 30. RCW 77.15.210 and 1998 c 190 s 24 are each amended to read as follows:
(1) A person is guilty of obstructing the taking of fish or wildlife if the person:
(a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or
(b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.
(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.
(3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was:
(a) Interfering with a person engaged in hunting outside the legally established hunting season; or
(b) Preventing or attempting to prevent unauthorized trespass on private property.
(4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.
Sec. 31. RCW 77.15.245 and 2000 c 248 s 1 and 2000 c 107 s 260 are each reenacted and amended to read as follows:
(1) Notwithstanding the provisions of RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.
(a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.
(b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.
(c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.
(d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.
(2) Notwithstanding RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.
(a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director.
(b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes.
(c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species.
(3) Notwithstanding subsection (2) of this section, the commission shall authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.
(4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the ((director)) department shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and ((a hunting license shall not be issued)) order the suspension of wildlife hunting privileges for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.
Sec. 32. RCW 77.15.250 and 1998 c 190 s 31 are each amended to read as follows:
(1)(a) A person is guilty of unlawfully releasing, planting, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, or places live fish, shellfish, wildlife, or aquatic plants within the state, ((except for)) and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of ((food)) fish or shellfish by permit of the commission.
(b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, aquatic plants, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.
(2)(a) A person is guilty of unlawful release of deleterious exotic wildlife if the person knowingly releases, plants, or places live fish, shellfish, or wildlife within the state and such fish, shellfish, or wildlife has been classified as deleterious exotic wildlife by rule of the commission.
(b) A violation of this subsection is a class C felony. In addition, the department shall also order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.
Sec. 33. RCW 77.15.260 and 1998 c 190 s 42 are each amended to read as follows:
(1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than two hundred fifty dollars and:
(a) The fish or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or rule of the department; or
(b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any rule of the department.
(2) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the first degree if the person commits the act described by subsection (1) of this section and:
(a) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or
(b) The fish, shellfish, or wildlife is designated as an endangered species or deleterious exotic wildlife and such trafficking is not authorized by any statute or rule of the department.
(3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a gross misdemeanor.
(b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class C felony.
Sec. 34. RCW 77.15.270 and 1998 c 190 s 46 are each amended to read as follows:
(1) A person is guilty of providing false information regarding fish, shellfish, or wildlife if the person knowingly provides false or misleading information required by any statute or rule to be provided to the department regarding the taking, delivery, possession, transportation, sale, transfer, or any other use of fish, shellfish, or wildlife.
(2) Providing false information regarding fish, shellfish, or wildlife is a gross misdemeanor.
Sec. 35. RCW 77.15.290 and 1998 c 190 s 48 are each amended to read as follows:
(1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:
(a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or
(b) Possesses but fails to affix or notch a big game transport tag as required by rule of the commission or director.
(2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:
(a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or
(b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.
(3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.
(b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.
Sec. 36. RCW 77.15.330 and 1998 c 190 s 56 are each amended to read as follows:
(1) A person is guilty of unlawfully holding a hunting or fishing contest if the person:
(a) Conducts, holds, or sponsors a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife without the permit required by RCW ((77.32.211)) 77.65.480; or
(b) Violates any rule of the commission or the director applicable to a hunting contest, fishing contest involving game fish, or a competitive field trial using live wildlife.
(2) Unlawfully holding a hunting or fishing contest is a misdemeanor.
Sec. 37. RCW 77.15.340 and 1998 c 190 s 57 are each amended to read as follows:
(1) A person is guilty of unlawful operation of a game farm if the person (a) operates a game farm without the license required by RCW ((77.32.211)) 77.65.480; or (b) violates any rule of the commission or the director applicable to game farms under RCW 77.12.570, 77.12.580, and 77.12.590.
(2) Unlawful operation of a game farm is a gross misdemeanor.
Sec. 38. RCW 77.15.370 and 1998 c 190 s 19 are each amended to read as follows:
(1) A person is guilty of unlawful recreational fishing in the first degree if:
(a) The person takes, possesses, or retains two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken, possessed, or retained for noncommercial use;
(b) The person fishes in a fishway; or
(c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means are authorized by express rule of the commission or director.
(2) Unlawful recreational fishing in the first degree is a gross misdemeanor.
Sec. 39. RCW 77.15.380 and 2000 c 107 s 244 are each amended to read as follows:
(1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:
(a) The person does not have and possess the license or the catch record card required by chapter ((75.25 or)) 77.32 RCW for such activity; or
(b) The action violates any rule of the commission or the director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in RCW 77.15.580.
(2) Unlawful recreational fishing in the second degree is a misdemeanor.
Sec. 40. RCW 77.15.390 and 2000 c 107 s 245 are each amended to read as follows:
(1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:
(a) The person does not have and possess the license required by chapter ((75.25)) 77.32 RCW for taking seaweed; or
(b) The action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.
(2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.
Sec. 41. RCW 77.15.400 and 1999 c 258 s 2 are each amended to read as follows:
(1) A person is guilty of unlawful hunting of wild birds in the second degree if the person:
(a) Hunts for, takes, or possesses a wild bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;
(b) Maliciously destroys, takes, or harms the eggs or nests of a ((game [wild])) wild bird except when authorized by permit;
(c) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or other rule addressing the manner or method of hunting or possession of wild birds; or
(d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird.
(2) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for ((game [wild])) wild birds allowed by rule of the commission or director.
(3)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.
(b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
Sec. 42. RCW 77.15.480 and 2000 c 107 s 247 are each amended to read as follows:
Articles or devices unlawfully used, possessed, or maintained for catching, taking, killing, attracting, or decoying wildlife, fish, and shellfish are public nuisances. If necessary, fish and wildlife officers and ex officio fish and wildlife officers may seize, abate, or destroy these public nuisances without warrant or process.
Sec. 43. RCW 77.15.510 and 1998 c 190 s 36 are each amended to read as follows:
(1) A person is guilty of commercial fish guiding or chartering without a license if:
(a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken;
(b) The person acts as a professional salmon guide and does not hold a professional salmon guide license; or
(c) The person acts as a game fish guide and does not hold a ((professional)) game fish guide license.
(2) Commercial fish guiding or chartering without a license is a gross misdemeanor.
Sec. 44. RCW 77.15.550 and 1999 c 258 s 10 are each amended to read as follows:
(1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, fishes for, possesses, delivers, or receives ((food)) fish or shellfish:
(a) At a time not authorized by statute or rule;
(b) From an area that was closed to the taking of such ((food)) fish or shellfish for commercial purposes by statute or rule; or
(c) If such fish or shellfish do not conform to the special restrictions or physical descriptions established by rule of the department.
(2) A person is guilty of violating commercial fishing area or time in the first degree if the person commits the act described by subsection (1) of this section and:
(a) The person acted with knowledge that the area or time was not open to the taking or fishing of ((food)) fish or shellfish for commercial purposes; and
(b) The violation involved two hundred fifty dollars or more worth of ((food)) fish or shellfish.
(3)(a) Violating commercial fishing area or time in the second degree is a gross misdemeanor.
(b) Violating commercial fishing area or time in the first degree is a class C felony.
Sec. 45. RCW 77.15.600 and 1999 c 258 s 8 are each amended to read as follows:
(1) A person is guilty of engaging in commercial wildlife activity without a license if the person:
(a) Deals in raw furs for commercial purposes and does not hold a fur dealer license required by chapter ((77.32)) 77.65 RCW; or
(b) Practices taxidermy for commercial purposes and does not hold a taxidermy license required by chapter ((77.32)) 77.65 RCW.
(2) Engaging in commercial wildlife activities without a license is a gross misdemeanor.
Sec. 46. RCW 77.15.700 and 1998 c 190 s 66 are each amended to read as follows:
The department shall impose revocation and suspension of privileges upon conviction in the following circumstances:
(1) If directed by statute for an offense;
(2) If the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Such suspension of privileges may be permanent;
(3) If a person is convicted twice within ten years for a violation involving unlawful hunting, killing, or possessing big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW ((77.16.020)) 77.12.722 or 77.16.050 as it existed before June 11, 1998, may comprise one of the convictions constituting the basis for revocation and suspension under this subsection;
(4) If a person is convicted three times in ten years of any violation of recreational hunting or fishing laws or rules, the department shall order a revocation and suspension of all recreational hunting and fishing privileges for two years;
(5) If a person is convicted twice within five years of a gross misdemeanor or felony involving unlawful commercial fish or shellfish harvesting, buying, or selling, the department shall impose a revocation and suspension of the person's commercial fishing privileges for one year. A commercial fishery license ((suspended)) revoked under this subsection may not be used by an alternate operator or transferred during the period of suspension.
Sec. 47. RCW 77.15.730 and 1994 c 264 s 45 are each amended to read as follows:
(1) Upon receipt of a report of failure to comply with the terms of a citation issued for a recreational violation from the licensing authority of a state that is a party to the wildlife violator compact under RCW ((77.17.010)) 77.75.070, the department shall suspend the violator's recreational license privileges under this title until (([there is])) there is satisfactory evidence of compliance with the terms of the wildlife citation. The department shall adopt by rule procedures for the timely notification and administrative review of such suspension of recreational licensing privileges.
(2) Upon receipt of a report of a conviction for a recreational offense from the licensing authority of a state that is a party to the wildlife violator compact under RCW ((77.17.010)) 77.75.070, the department shall enter such conviction in its records and shall treat such conviction as if it occurred in the state of Washington for the purposes of suspension, revocation, or forfeiture of recreational license privileges.
Sec. 48. RCW 77.16.220 and 1998 c 190 s 122 are each amended to read as follows:
A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning game fish from immediately in front of the fish guard or screen to the waters of origin. A person who ((is now)) was, on June 11, 1947, otherwise lawfully diverting water from a lake, river, or stream shall not be deemed guilty of a violation of this section.
Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation shall be approved by the director prior to the diversion of water.
The director may close a water diversion device operated in violation of this section and keep it closed until it is properly equipped with a fish guard, screen, or bypass.
Sec. 49. RCW 77.32.010 and 2000 c 107 s 264 are each amended to read as follows:
(1) Except as otherwise provided in this chapter, a recreational license issued by the director is required to((:
(a))) hunt for or take wild animals((, except bullfrogs,)) or wild birds, fish for, take, or harvest fish, shellfish, and seaweed((, except smelt, albacore, carp, and crawfish;
(b) Practice taxidermy for profit;
(c) Deal in raw furs for profit;
(d) Act as a fishing guide;
(e) Operate a game farm;
(f) Purchase or sell anadromous game fish; or
(g) Use department-managed lands or facilities as provided by rules adopted pursuant to this title)). A recreational fishing or shellfish license is not required for carp, smelt, albacore, and crawfish, and a hunting license is not required for bullfrogs.
(2) A permit issued by the ((director)) department is required to((:
(a) Conduct, hold, or sponsor hunting or game fish fishing contests or competitive field trials using live wildlife;
(b) Collect wild animals, wild birds, game fish, food fish, shellfish, or protected wildlife for research or display; or
(c) Stock game fish.
(3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department)) park a motor vehicle upon improved department access facilities.
Sec. 50. RCW 77.32.014 and 2000 c 107 s 265 are each amended to read as follows:
(((1))) Licenses, tags, and stamps issued pursuant to this chapter shall be ((invalid)) revoked and the privileges suspended for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order. Fish and wildlife officers and ex officio fish and wildlife officers shall enforce this section through checks of the department of licensing's computer data base. A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(8) shall be prima facie evidence that the individual is in noncompliance with a support order. Presentation of a written release issued by the department of social and health services stating that the person is in compliance with an order shall serve as prima facie proof of compliance with a support order.
(((2) It is unlawful to purchase, obtain, or possess a license required by this chapter during any period in which a license is suspended.))
Sec. 51. RCW 77.32.250 and 2000 c 107 s 269 are each amended to read as follows:
Licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under this chapter shall not be transferred.
((Upon request of a fish and wildlife officer or ex officio fish and wildlife officer, persons licensed, operating under a permit, or possessing wildlife under the authority of this chapter shall produce required licenses, permits, tags, stamps, raffle tickets, or catch record cards for inspection and write their signatures for comparison and in addition display their wildlife. Failure to comply with the request is prima facie evidence that the person has no license or is not the person named.))
Sec. 52. RCW 77.32.535 and 1996 c 101 s 6 are each amended to read as follows:
If a private entity has a private lands wildlife management area agreement in effect with the department, the commission may authorize the private entity to conduct raffles for access to hunt for big game animals and wild turkeys to meet the conditions of the agreement. The private entity shall comply with all applicable rules adopted under RCW ((77.12.770)) 77.32.530 for the implementation of raffles; however, raffle hunts conducted pursuant to this section shall not be counted toward the number of raffle hunts the commission may authorize under RCW ((77.12.770)) 77.32.530. The director shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt upon the request of the commission to ensure that the animals to be killed are properly identified.
Sec. 53. RCW 77.44.070 and 1991 c 253 s 4 are each amended to read as follows:
Any agency of state or federal government, political subdivision of the state, private or public utility company, corporation, or sports group, or any purchaser of fish under RCW ((77.18.020)) 77.44.060 may purchase resident game fish from an aquatic farmer for stocking purposes if permit requirements of this title and the department have been met.
Sec. 54. RCW 77.55.280 and 1997 c 425 s 4 are each amended to read as follows:
When a private landowner is applying for hydraulic project approval under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in RCW ((77.12.830)) 77.55.300, the department shall comply with the terms of that agreement when evaluating the request for hydraulic project approval.
Sec. 55. RCW 77.55.290 and 1998 c 249 s 3 are each amended to read as follows:
(1) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under (a) and (b) of this subsection:
(a) A fish habitat enhancement project must be a project to accomplish one or more of the following tasks:
(i) Elimination of human-made fish passage barriers, including culvert repair and replacement;
(ii) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
(iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.
The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety; and
(b) A fish habitat enhancement project must be approved in one of the following ways:
(i) By the department pursuant to chapter ((75.50 or 75.52)) 77.95 or 77.100 RCW;
(ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;
(iii) By the department as a department-sponsored fish habitat enhancement or restoration project;
(iv) Through the review and approval process for the jobs for the environment program;
(v) Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States fish and wildlife service and the natural resource conservation service;
(vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; and
(vii) Through other formal review and approval processes established by the legislature.
(2) Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c).
(3) Hydraulic project approval is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the department of ecology permit assistance center to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government. Local governments shall accept the application as notice of the proposed project. The department shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts. In no more than forty-five days, the department shall either issue hydraulic project approval, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by hydraulic project approval. If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.
Any person aggrieved by the approval, denial, conditioning, or modification of hydraulic project approval under this section may formally appeal the decision to the hydraulic appeals board pursuant to the provisions of this chapter.
(4) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section.
NEW SECTION. Sec. 56. A new section is added to chapter 77.65 RCW to read as follows:
(1) A license issued by the director is required to:
(a) Practice taxidermy for commercial purposes;
(b) Deal in raw furs for commercial purposes;
(c) Act as a fishing guide;
(d) Operate a game farm; or
(e) Purchase or sell anadromous game fish.
(2) A permit issued by the director is required to:
(a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife;
(b) Collect wild animals, wild birds, game fish, food fish, shellfish, or protected wildlife for research or display;
(c) Stock game fish; or
(d) Conduct commercial activities on department-owned or controlled lands.
(3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department.
Sec. 57. RCW 77.70.010 and 1997 c 58 s 884 are each amended to read as follows:
(1) A license renewed under the provisions of this chapter that has been suspended under RCW ((75.28.042)) 77.65.080 shall be subject to the following provisions:
(a) A license renewal fee shall be paid as a condition of maintaining a current license; and
(b) The department shall waive any other license requirements, unless the department determines that the license holder has had sufficient opportunity to meet these requirements.
(2) The provisions of subsection (1) of this section shall apply only to a license that has been suspended under RCW ((75.28.042)) 77.65.080 for a period of twelve months or less. A license holder shall forfeit a license subject to this chapter and may not recover any license renewal fees previously paid if the license holder does not meet the requirements of RCW 74.20A.320(9) within twelve months of license suspension.
Sec. 58. RCW 77.70.150 and 1999 c 126 s 1 are each amended to read as follows:
(1) A sea urchin dive fishery license is required to take sea urchins for commercial purposes. A sea urchin dive fishery license authorizes the use of only one diver in the water at any time during sea urchin harvest operations. If the same vessel has been designated on two sea urchin dive fishery licenses, two divers may be in the water. A natural person may not hold more than two sea urchin dive fishery licenses.
(2) Except as provided in subsection (6) of this section, the director shall issue no new sea urchin dive fishery licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a natural person who held the license at the end of the previous year. If a sea urchin dive fishery license is not held by a natural person as of December 31, 1999, it is not renewable. However, if the license is not held because of revocation or suspension of licensing privileges, the director shall renew the license in the name of a natural person at the end of the revocation or suspension if the license holder applies for renewal of the license before the end of the year in which the revocation or suspension ends.
(3) Where a licensee failed to obtain the license during the previous year because of a license suspension or revocation by the ((department)) director or the court, the licensee may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.
(4) Surcharges as provided for in this section shall be collected and deposited into the sea urchin dive fishery account hereby created in the custody of the state treasurer. Only the director or the director's designee may authorize expenditures from the account. The sea urchin dive fishery account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used to retire sea urchin licenses until the number of licenses is reduced to twenty-five, and thereafter shall only be used for sea urchin management and enforcement.
(a) A surcharge of one hundred dollars shall be charged with each sea urchin dive fishery license renewal for licenses issued in 2000 through 2005.
(b) For licenses issued for the year 2000 and thereafter, a surcharge shall be charged on the sea urchin dive fishery license for designating an alternate operator. The surcharge shall be as follows: Five hundred dollars for the first year or each of the first two consecutive years after 1999 that any alternate operator is designated and two thousand five hundred dollars each year thereafter that any alternate operator is designated.
(5) Sea urchin dive fishery licenses are transferable. After December 31, 1999, there is a surcharge to transfer a sea urchin dive fishery license. The surcharge is five hundred dollars for the first transfer of a license valid for calendar year 2000, and two thousand five hundred dollars for any subsequent transfer, whether occurring in the year 2000 or thereafter. Notwithstanding this subsection, a one-time transfer exempt from surcharge applies for a transfer from the natural person licensed on January 1, 2000, to that person's spouse or child.
(6) If fewer than twenty-five natural persons are eligible for sea urchin dive fishery licenses, the director may accept applications for new licenses. The additional licenses may not cause more than twenty-five natural persons to be eligible for a sea urchin dive fishery license. New licenses issued under this section shall be distributed according to rules of the department that recover the value of such licensed privilege.
Sec. 59. RCW 77.70.190 and 1999 c 126 s 2 are each amended to read as follows:
(1) A sea cucumber dive fishery license is required to take sea cucumbers for commercial purposes. A sea cucumber dive fishery license authorizes the use of only one diver in the water at any time during sea cucumber harvest operations. If the same vessel has been designated on two sea cucumber dive fishery licenses, two divers may be in the water. A natural person may not hold more than two sea cucumber dive fishery licenses.
(2) Except as provided in subsection (6) of this section, the director shall issue no new sea cucumber dive fishery licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a natural person who held the license at the end of the previous year. If a sea cucumber dive fishery license is not held by a natural person as of December 31, 1999, it is not renewable. However, if the license is not held because of revocation or suspension of licensing privileges, the director shall renew the license in the name of a natural person at the end of the revocation or suspension if the license holder applies for renewal of the license before the end of the year in which the revocation or suspension ends.
(3) Where a licensee failed to obtain the license during either of the previous two years because of a license suspension by the ((department)) director or the court, the licensee may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.
(4) Surcharges as provided for in this section shall be collected and deposited into the sea cucumber dive fishery account hereby created in the custody of the state treasurer. Only the director or the director's designee may authorize expenditures from the account. The sea cucumber dive fishery account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used to retire sea cucumber licenses until the number of licenses is reduced to twenty-five, and thereafter shall only be used for sea cucumber management and enforcement.
(a) A surcharge of one hundred dollars shall be charged with each sea cucumber dive fishery license renewal for licenses issued in 2000 through 2005.
(b) For licenses issued for the year 2000 and thereafter, a surcharge shall be charged on the sea cucumber dive fishery (([license])) license for designating an alternate operator. The surcharge shall be as follows: Five hundred dollars for the first year or each of the first two consecutive years after 1999 that any alternate operator is designated and two thousand five hundred dollars each year thereafter that any alternate operator is designated.
(5) Sea cucumber dive fishery licenses are transferable. After December 31, 1999, there is a surcharge to transfer a sea cucumber dive fishery license. The surcharge is five hundred dollars for the first transfer of a license valid for calendar year 2000 and two thousand five hundred dollars for any subsequent transfer whether occurring in the year 2000 or thereafter. Notwithstanding this subsection, a one-time transfer exempt from surcharge applies for a transfer from the natural person licensed on January 1, 2000, to that person's spouse or child.
(6) If fewer than twenty-five persons are eligible for sea cucumber dive fishery licenses, the director may accept applications for new licenses. The additional licenses may not cause more than twenty-five natural persons to be eligible for a sea cucumber dive fishery license. New licenses issued under this section shall be distributed according to rules of the department that recover the value of such licensed privilege.
Sec. 60. RCW 79A.60.100 and 1994 c 264 s 80 are each amended to read as follows:
(1) Every law enforcement officer of this state and its political subdivisions has the authority to enforce this chapter. Law enforcement officers may enforce recreational boating rules adopted by the commission. Such law enforcement officers include, but are not limited to, county sheriffs, officers of other local law enforcement entities, ((wildlife agents and fisheries patrol)) fish and wildlife officers ((of the department of fish and wildlife)), through the director, the state patrol, ((through its chief,)) and state park rangers. In the exercise of this responsibility, all such officers may stop and board any vessel and direct it to a suitable pier or anchorage to enforce this chapter.
(2) This chapter shall be construed to supplement federal laws and regulations. To the extent this chapter is inconsistent with federal laws and regulations, the federal laws and regulations shall control.
NEW SECTION. Sec. 61. (1) RCW 77.12.055 and 77.65.470 are each recodified as sections in chapter 77.15 RCW.
(2) RCW 77.12.425 and 77.16.220 are each recodified as sections in chapter 77.55 RCW.
(3) RCW 77.32.220 is recodified as a section in chapter 77.65 RCW.
NEW SECTION. Sec. 62. The following acts or parts of acts are each repealed:
(1) RCW 77.12.030 (Authority to regulate wildlife) and 1987 c 506 s 14, 1984 c 240 s 2, 1980 c 78 s 14, 1969 ex.s. c 18 s 2, & 1955 c 36 s 77.12.030;
(2) RCW 77.12.040 (Regulating the taking or possessing of game--Emergency rules--Game reserves, closed areas and waters) and 1987 c 506 s 15, 1984 c 240 s 3, 1980 c 78 s 15, 1969 ex.s. c 18 s 3, & 1955 c 36 s 77.12.040;
(3) RCW 77.12.105 (Authority to retain or transfer wildlife) and 1987 c 506 s 22, 1980 c 78 s 71, 1977 c 44 s 2, & 1955 c 36 s 77.16.030;
(4) RCW 77.12.250 (Entry upon property in course of duty) and 2000 c 107 s 220, 1980 c 78 s 42, & 1955 c 36 s 77.12.250;
(5) RCW 77.12.295 (Fish and wildlife harvest in federal exclusive economic zone--Rules) and 1995 1st sp.s. c 2 s 9 & 1993 sp.s. c 2 s 99;
(6) RCW 77.12.457 (Planting food fish or shellfish--Permit authorized by rule) and 1998 c 190 s 73, 1995 1st sp.s. c 2 s 17, 1983 1st ex.s. c 46 s 30, & 1955 c 12 s 75.16.020;
(7) RCW 77.12.724 (Possession of fish and wildlife--Rules) and 1998 c 190 s 120, 1987 c 506 s 63, & 1980 c 78 s 78; and
(8) RCW 77.32.420 (Recreational licenses--Nontransferable--Enforcement provisions) and 2000 c 107 s 272, 1998 c 191 s 4, 1993 sp.s. c 17 s 8, 1989 c 305 s 12, 1987 c 87 s 7, 1984 c 80 s 8, 1983 1st ex.s. c 46 s 98, 1980 c 78 s 135, & 1977 ex.s. c 327 s 15."
On page 1, line 2 of the title, after "statutes;" strike the remainder of the title and insert "amending RCW 4.24.350, 43.70.185, 46.09.200, 46.10.200, 69.30.010, 69.30.110, 69.30.140, 70.93.050, 76.04.045, 77.08.010, 77.12.039, 77.12.043, 77.12.045, 77.12.047, 77.12.170, 77.12.177, 77.12.204, 77.12.264, 77.12.320, 77.12.325, 77.12.425, 77.12.455, 77.15.080, 77.15.090, 77.15.094, 77.15.096, 77.15.110, 77.15.150, 77.15.180, 77.15.210, 77.15.250, 77.15.260, 77.15.270, 77.15.290, 77.15.330, 77.15.340, 77.15.370, 77.15.380, 77.15.390, 77.15.400, 77.15.480, 77.15.510, 77.15.550, 77.15.600, 77.15.700, 77.15.730, 77.16.220, 77.32.010, 77.32.014, 77.32.250, 77.32.535, 77.44.070, 77.55.280, 77.55.290, 77.70.010, 77.70.150, 77.70.190, and 79A.60.100; reenacting and amending RCW 77.15.245; adding new sections to chapter 77.65 RCW; adding new sections to chapter 77.15 RCW; adding new sections to chapter 77.55 RCW; recodifying RCW 77.12.055, 77.65.470, 77.12.425, 77.16.220, and 77.32.220; and repealing RCW 77.12.030, 77.12.040, 77.12.105, 77.12.250, 77.12.295, 77.12.457, 77.12.724, and 77.32.420.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Jacobsen, the Senate concurred in the House amendments to Substitute Senate Bill No. 5961.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5961, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5961, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Hargrove and Kline - 2.
SUBSTITUTE SENATE BILL NO. 5961, as amended by the House, having received the constitutional majority ,was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Regala was excused.
MESSAGE FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6110 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 77.70 RCW to read as follows:
In order to administer a Puget Sound crab pot buoy tag program, the department may charge a fee to holders of a Dungeness crab--Puget Sound fishery license to reimburse the department for the production of Puget Sound crab pot buoy tags and the administration of a Puget Sound crab pot buoy tag program.
NEW SECTION. Sec. 2. A new section is added to chapter 77.70 RCW to read as follows:
The Puget Sound crab pot buoy tag account is created in the custody of the state treasurer. All revenues from fees from section 1 of this act must be deposited into the account. Expenditures from this account may be used for the production of crab pot buoy tags and the administration of a Puget Sound crab pot buoy tag program. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures.
NEW SECTION. Sec. 3. 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.", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Jacobsen, the Senate concurred in the House amendment to Substitute Senate Bill No. 6110.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6110, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6110, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Hargrove and Regala - 2.
SUBSTITUTE SENATE BILL NO. 6110, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6056 with the following amendment(s):
On page 2, line 11, strike all of section 3
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Costa, the Senate concurred in the House amendment to Substitute Senate Bill No. 6056.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6056, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6056, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Regala - 1.
SUBSTITUTE SENATE BILL NO. 6056, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Kastama, Senator Kline was excused.
MESSAGE FROM THE HOUSE
April 9, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SENATE JOINT MEMORIAL NO. 8016 with the following amendment(s):
Beginning on page 1, line 1, strike all material through "Washington." on page 2, line 12, and insert the following:
"TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:
We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
WHEREAS, The upland aquaculture industry in Washington state produces high-quality, pathogen-free, nonanadromous upland products for sale to public agencies and private companies throughout the world; and
WHEREAS, Washington state's upland aquaculture industry employs hundreds of people in well-paying, technical positions located in many rural communities throughout the state, generating forty million dollars worth of products; and
WHEREAS, Canadian customers have expressed the desire to purchase high-quality aquacultural products from Washington state producers; and
WHEREAS, Many customers in the United States currently purchase aquacultural products from Canada; and
WHEREAS, Increased freedom to engage in the commercial trade of upland aquacultural products between the United States and Canada will only help our two nations grow more prosperous;
NOW, THEREFORE, Your Memorialists respectfully pray that the government of the United States emphasize the importance of the free and fair trade of upland aquacultural products in its relations with the government of Canada.
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Shin, the Senate concurred in the House amendment to Engrossed Senate Joint Memorial No. 8016. The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Joint Memorial No. 8016, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8016, as amended by the House, and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Kline and Regala - 2.
ENGROSSED SENATE JOINT MEMORIAL NO. 8016, as amended by the House, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Hewitt, Senator Parlette was excused.
MESSAGE FROM THE HOUSE
April 9, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5905 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.46 RCW to read as follows:
Until July 30, 2007, the state consents to the jurisdiction of the federal courts in actions brought by a tribe pursuant to the Indian gaming regulatory act of 1988 or seeking enforcement of a state/tribal compact adopted under the Indian gaming regulatory act, conditioned upon the tribe entering into such a compact and providing similar consent. This limited waiver of sovereign immunity shall not extend to actions other than those expressly set forth herein and properly filed on or before July 29, 2007.
This section expires July 30, 2007."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Prentice, the Senate concurred in the House amendment to Substitute Senate Bill No. 5905. The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5905, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5905, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Fairley, Franklin, Fraser, Gardner, Hargrove, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Swecker, West and Winsley - 28.
Voting nay: Senators Benton, Deccio, Eide, Finkbeiner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Sheahan, Shin, Stevens, Thibaudeau and Zarelli - 19.
Excused: Senators Parlette and Regala - 2.
SUBSTITUTE SENATE BILL NO. 5905, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5593 with the following amendment(s)
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 ((of any certified public accountant)); or may prohibit a nonlicensee from holding an ownership interest in a licensed firm, for any of the following causes:
(1) Fraud or deceit in obtaining a ((certificate as a certified public accountant, or in obtaining a)) license, or in any filings with the board;
(2) Dishonesty, fraud, or negligence while representing oneself as a ((CPA)) nonlicensee owner holding an ownership interest in a licensed firm, a licensee, or a certificate holder;
(3) A violation of any provision of this chapter;
(4) A violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter;
(5) Conviction of a crime or an act constituting a crime under:
(a) The laws of this state;
(b) The laws of another state, and which, if committed within this state, would have constituted a crime under the laws of this state; or
(c) Federal law;
(6) Cancellation, revocation, suspension, or refusal to renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay a fee or to meet the requirements of ((continuing education)) CPE in the other state;
(7) Suspension or revocation of the right to practice matters relating to public accounting before any state or federal agency;
For purposes of subsections (6) and (7) of this section, a certified copy of such revocation, suspension, or refusal to renew shall be prima facie evidence;
(8) Failure to maintain compliance with the requirements for issuance, renewal, or reinstatement of ((the)) a certificate or license, or to report changes to the board;
(9) Failure to cooperate with the board by:
(a) Failure to furnish any papers or documents requested or ordered by the board;
(b) Failure to furnish in writing a full and complete explanation covering the matter contained in the complaint filed with the board or the inquiry of the board;
(c) Failure to respond to subpoenas issued by the board, whether or not the recipient of the subpoena is the accused in the proceeding;
(10) Failure by a nonlicensee owner of a licensed firm to comply with the requirements of this chapter or board rule; and
(11) Failure to comply with an order of the board.
Sec. 15. RCW 18.04.305 and 1992 c 103 s 12 are each amended to read as follows:
The board ((of accountancy)) may revoke, suspend, or refuse to renew the license issued to a firm if at any time the firm does not meet the requirements of this chapter for licensing, or for any of the causes enumerated in RCW 18.04.295, or for any of the following additional causes:
(1) The revocation or suspension of the ((certificate as a certified public accountant)) sole-practitioner's license or the revocation or suspension or refusal to renew the ((certificate or)) license of any partner, manager, member, or shareholder; ((or))
(2) The revocation, suspension, or refusal to renew the license ((or permit)) of the firm, or any partner, manager, member, or shareholder thereof, to practice public accounting in any other state or foreign jurisdiction for any cause other than failure to pay a fee or to meet the CPE requirements of ((continuing professional education in)) the other state or foreign jurisdiction;
(3) Failure by a nonlicensee owner of a licensed firm to comply with the requirements of this chapter or board rule; or
(4) Failure of the firm to comply with the requirements of this chapter or board rule.
Sec. 16. RCW 18.04.335 and 1997 c 58 s 812 are each amended to read as follows:
(1) Upon application in writing and after hearing pursuant to notice, the board may:
(a) Modify the suspension of, or reissue a certificate or a license to, an individual whose certificate or license has been revoked or suspended; or
(b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.
(2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW ((or a residential or visitation order under chapter 26.09 RCW)), if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or a license shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the individual is in compliance with the order.
Sec. 17. RCW 18.04.345 and 1999 c 378 s 8 are each amended to read as follows:
(1) No person may assume or use the designation "certified public accountant-inactive" or "CPA-inactive" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant-inactive or CPA-inactive unless the person holds a ((valid)) certificate ((as a certified public accountant)). Persons holding only a certificate may not practice public accounting.
(2) No person may hold himself or herself out to the public ((and)) or assume or use the designation "certified public accountant" or "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant or CPA unless the person holds a ((valid certificate as a certified public accountant and holds a valid)) license ((to practice)) under RCW 18.04.215.
(3) No firm may hold itself out to the public as offering to issue or issuing reports on financial statements, or assume or use the designation "certified public accountant" or "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants or CPAs, unless the firm is licensed under RCW 18.04.195((, holds a valid license to practice under RCW 18.04.215,)) and all offices of the firm in this state ((for the practice of public accounting)) are maintained and registered under RCW 18.04.205.
(4) No person, partnership, limited liability company, or corporation offering accounting services to the public may hold himself, herself, or itself out to the public, or assume or use along, or in connection with his, hers, or its name, or any other name the title or designation "certified accountant," "chartered accountant," "licensed accountant," "licensed public accountant," "public accountant," or any other title or designation likely to be confused with "certified public accountant" or any of the abbreviations "CA," "LA," "LPA," or "PA," or similar abbreviations likely to be confused with "CPA." ((However, nothing in this chapter prohibits use of the title "accountant" by any person regardless of whether the person has been granted a certificate or holds a license under this chapter.))
(5) No licensed firm may operate under an alias, a firm name, title, or "DBA" that differs from the firm name that is registered with the board.
(6) No person may sign, affix, or associate his or her name or any trade or assumed name used by the person in his or her business to any report designated as an "audit," "review," or "compilation," unless the person holds a license to practice under RCW 18.04.215 and a firm license under RCW 18.04.195, and all of the person's offices in this state ((for the practice of public accounting are maintained and)) are licensed under RCW 18.04.205.
(((6))) (7) No person may sign, affix, or associate a firm name to any report designated as an "audit," "review," or "compilation," unless the firm is licensed under RCW 18.04.195 and 18.04.215, and all of its offices in this state ((for the practice of public accounting)) are maintained and registered under RCW 18.04.205.
(((7))) (8) No person, partnership, limited liability company, or corporation not holding a license to practice under RCW 18.04.215 may hold himself, herself, or itself out to the public as an "auditor" with or without any other description or designation by use of such word on any sign, card, letterhead, or in any advertisement or directory.
(((8) No person may assume or use the designation "certified public accountant" or "CPA" in conjunction with names indicating or implying that there is a partnership or corporation, if there is in fact no bona fide partnership or corporation registered under RCW 18.04.195.
(9) No person, partnership, or corporation holding a license under RCW 18.04.215 may hold himself, herself, or itself out to the public in conjunction with the designation "and Associates" or "and Assoc." unless he or she has in fact a partner or employee who holds a license under RCW 18.04.215.))
Sec. 18. RCW 18.04.350 and 1992 c 103 s 15 are each amended to read as follows:
(1) Nothing in this chapter prohibits any person not ((a certified public accountant)) holding a license from serving as an employee of a firm licensed((, or as assistant to, a certified public accountant or partnership composed of certified public accountants or corporation of certified public accountants holding a valid license)) under RCW 18.04.215. However, the employee or assistant shall not issue any accounting or financial statement over his or her name.
(2) ((Nothing in this chapter prohibits a certified public accountant registered in another state, or any accountant of a foreign country holding a certificate, degree or license which permits him to practice therein from temporarily practicing in this state on professional business incident to his regular practice)) (a) An individual, whose principal place of business is not in this state, who has a valid certificate or license as a certified public accountant from another state, and (i) whose state of licensure has education, examination, and experience requirements that are deemed by the board to be substantially equivalent to this state's requirements or (ii) who, as an individual, has education, examination, and experience that are deemed by the board to be substantially equivalent to this state's requirement shall have all the privileges of license holders of this state without the need to obtain a license under RCW 18.04.105 or 18.04.195. However, such individuals shall notify the board, under such circumstances and in such manner as the board determines by rule, of their intent to enter the state under this section. The board shall have the authority to establish a fee for the practice privilege granted under this section by rule.
(b) An individual that enters the state under this section and is granted this practice privilege shall abide by this chapter and the rules adopted under this chapter and shall be subject to discipline for violation of this chapter. However, such individual is exempt from the continuing education requirements of this chapter provided the individual has met the continuing education requirements of the state in which the individual holds a valid certificate or license. The board may accept NASBA's designation of the individual's state as substantially equivalent to national standards, or NASBA's designation of the applicant as substantially equivalent to national standards, as meeting the requirement for a certified public accountant to be substantially equivalent to this state's requirements.
(c) Any certificate or license holder of another state exercising the privilege afforded under this section consents, as a condition of the grant of this privilege:
(i) To the personal and subject matter jurisdiction of the board;
(ii) To the appointment of the state board which issued the certificate or license as their agent upon whom process may be served in any action or proceeding by this state's board against the certificate holder or licensee.
(d) A licensee of this state offering or rendering services or using their certified public accountant title in another state shall be subject to disciplinary action in this state for an act committed in another state for which the certificate or permit holder would be subject to discipline for an act committed in the other state provided the board receives timely notification of the act. Notwithstanding RCW 18.04.295, the board may investigate any complaint made by the board of accountancy of another state.
(3) Nothing in this chapter prohibits a ((certified public accountant, a partnership, or corporation of certified public accountants)) licensee, a licensed firm, or any of their employees from disclosing any data in confidence to other certified public accountants, quality assurance or peer review teams, partnerships, limited liability companies, or corporations of public accountants or to the board or any of its employees engaged in conducting ((quality,)) quality assurance((,)) or peer reviews, or any one of their employees in connection with quality or peer reviews of that accountant's accounting and auditing practice conducted under the auspices of recognized professional associations.
(4) Nothing in this chapter prohibits a ((certified public accountant, a partnership, or corporation of certified public accountants)) licensee, a licensed firm, or any of their employees from disclosing any data in confidence to any employee, representative, officer, or committee member of a recognized professional association, or to the board ((of accountancy)), or any of its employees or committees in connection with a professional investigation held under the auspices of recognized professional associations or the board ((of accountancy)).
(5) Nothing in this chapter prohibits any officer, employee, partner, or principal of any organization:
(a) From affixing his or her signature to any statement or report in reference to the affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization; or
(b) From describing himself or herself by the position, title, or office he or she holds in such organization.
(6) Nothing in this chapter prohibits any person((,)) or ((partnership or corporation)) firm composed of persons not holding a license under RCW 18.04.215 from offering or rendering to the public bookkeeping, accounting, tax services, the devising and installing of financial information systems, management advisory, or consulting services, the preparation of tax returns, or the furnishing of advice on tax matters, the preparation of financial statements, written statements describing how such financial statements were prepared, or similar services, provided that persons, partnerships, limited liability companies, or corporations not holding a license under RCW 18.04.215 who offer or render these services do not designate any written statement as an "audit report," "review report," or "compilation report," do not issue any written statement which purports to express or disclaim an opinion on financial statements which have been audited, and do not issue any written statement which expresses assurance on financial statements which have been reviewed.
(7) Nothing in this chapter prohibits any act of or the use of any words by a public official or a public employee in the performance of his or her duties.
(8) Nothing contained in this chapter prohibits any person who holds only a valid ((certified public accountant)) certificate from assuming or using the designation "certified public accountant-inactive" or "CPA-inactive" or any other title, designation, words, letters, sign, card, or device tending to indicate the person is a ((certified public accountant)) certificate holder, provided, that such person ((shall)) does not ((hold himself or herself out to the public as engaged in the practice of public accounting unless that person holds a valid license in addition to the certificate under RCW 18.04.215)) perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory, consulting services, the preparation of tax returns, or the furnishing of advice on tax matters.
(9) Nothing in this chapter prohibits the use of the title "accountant" by any person regardless of whether the person has been granted a certificate or holds a license under this chapter. Nothing in this chapter prohibits the use of the title "enrolled agent" or the designation "EA" by any person regardless of whether the person has been granted a certificate or holds a license under this chapter if the person is properly authorized at the time of use to use the title or designation by the United States department of the treasury. The board shall by rule allow the use of other titles by any person regardless of whether the person has been granted a certificate or holds a license under this chapter if the person using the titles or designations is authorized at the time of use by a nationally recognized entity sanctioning the use of board authorized titles.
Sec. 19. RCW 18.04.370 and 1983 c 234 s 19 are each amended to read as follows:
(1) Any person who violates any provision of this chapter, shall be guilty of a crime, as follows:
(a) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than ((one)) ten thousand dollars, or to imprisonment for not more than six months, or to both such fine and imprisonment.
(b) Notwithstanding (a) of this subsection, any person who uses a professional title intended to deceive the public, in violation of RCW 18.04.345, having previously entered into a stipulated agreement and order of assurance with the board, is guilty of a felony, and upon conviction thereof, is subject to a fine of not more than ten thousand dollars, or to imprisonment for not more than two years, or to both such fine and imprisonment.
(2) With the exception of first time violations of RCW 18.04.345, subject to subsection (3) of this section whenever the board has reason to believe that any person is violating the provisions of this chapter it shall certify the facts to the prosecuting attorney of the county in which such person resides or may be apprehended and the prosecuting attorney shall cause appropriate proceedings to be brought against such person.
(3) The board may elect to enter into a stipulated agreement and orders of assurance with persons in violation of RCW 18.04.345 who have not previously been found to have violated the provisions of this chapter. The board may order full restitution to injured parties as a condition of a stipulated agreement and order of assurance.
(4) Nothing herein contained shall be held to in any way affect the power of the courts to grant injunctive or other relief as above provided.
Sec. 20. RCW 18.04.380 and 1986 c 295 s 17 are each amended to read as follows:
(1) The display or presentation by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device, bearing a person's name in conjunction with the words "certified public accountant" or any abbreviation thereof((, or "licensed public accountant" or any abbreviation thereof, or "public accountant" or any abbreviation thereof,)) shall be prima facie evidence in any action brought under this chapter that the person whose name is so displayed, caused or procured the display or presentation of the card, sign, advertisement, or other printed, engraved, or written instrument or device, and that the person is holding himself or herself out to be a licensee, a certified public accountant, or a ((public accountant holding a license to practice)) person holding a certificate under this chapter.
(2) The display or presentation by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device, bearing a person's name in conjunction with the words certified public accountant-inactive or any abbreviation thereof is prima facie evidence in any action brought under this chapter that the person whose name is so displayed caused or procured the display or presentation of the card, sign, advertisement, or other printed, engraved, or written instrument or device, and that the person is holding himself or herself out to be a certified public accountant-inactive under this chapter.
(3) In any ((such)) action under subsection (1) or (2) of this section, evidence of the commission of a single act prohibited by this chapter is sufficient to justify an injunction or a conviction without evidence of a general course of conduct.
Sec. 21. RCW 18.04.390 and 1992 c 103 s 16 are each amended to read as follows:
(1) In the absence of an express agreement between the ((certified public accountant)) licensee or licensed firm and the client to the contrary, all statements, records, schedules, working papers, and memoranda made by a ((certified public accountant)) licensee or licensed firm incident to or in the course of professional service to clients, except reports submitted by a ((certified public accountant to a client)) licensee or licensed firm, are the property of the ((certified public accountant)) licensee or licensed firm.
(2) No statement, record, schedule, working paper, or memorandum may be sold, transferred, or bequeathed without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving partners, shareholders, or new partners or new shareholders of the ((accountant)) licensee, partnership, limited liability company, or corporation, or any combined or merged partnership, limited liability company, or corporation, or successor in interest.
(3) A licensee shall furnish to the board or to his or her client or former client, upon request and reasonable notice:
(a) A copy of the licensee's working papers or electronic documents, to the extent that such working papers or electronic documents include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and
(b) Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client's premises or received for the client's account; the licensee may make and retain copies of such documents of the client when they form the basis for work done by him or her.
(4) Nothing in this section shall require a licensee to keep any work paper or electronic document beyond the period prescribed in any other applicable statute.
(5) Nothing in this section should be construed as prohibiting any temporary transfer of workpapers or other material necessary in the course of carrying out peer reviews or as otherwise interfering with the disclosure of information pursuant to RCW 18.04.405.
Sec. 22. RCW 18.04.405 and 1992 c 103 s 17 are each amended to read as follows:
(1) A ((certified public accountant, a partnership or corporation of certified public accountants)) licensee, certificate holder, or licensed firm, or any of their employees shall not disclose any confidential information obtained in the course of a professional transaction except with the consent of the client or former client or as disclosure may be required by law, legal process, the standards of the profession, or as disclosure of confidential information is permitted by RCW 18.04.350 (3) and (4), 18.04.295(8), 18.04.390, and this section in connection with ((quality,)) quality assurance, or peer reviews, investigations, and any proceeding under chapter 34.05 RCW.
(2) This section shall not be construed as limiting the authority of this state or of the United States or an agency of this state, the board, or of the United States to subpoena and use such confidential information obtained by a licensee, or any of their employees in the course of a professional transaction in connection with any investigation, public hearing, or other proceeding, nor shall this section be construed as prohibiting a licensee or certified public accountant whose professional competence has been challenged in a court of law or before an administrative agency from disclosing confidential information as a part of a defense to the court action or administrative proceeding.
(3) The proceedings, records, and work papers of a review committee shall be privileged and shall not be subject to discovery, subpoena, or other means of legal process or introduction into evidence in any civil action, arbitration, administrative proceeding, or ((state accountancy)) board proceeding and no member of the review committee or person who was involved in the ((quality)) peer review process shall be permitted or required to testify in any such civil action, arbitration, administrative proceeding, or ((state accountancy)) board proceeding as to any matter produced, presented, disclosed, or discussed during or in connection with the ((quality)) peer review process, or as to any findings, recommendations, evaluations, opinions, or other actions of such committees, or any members thereof. Information, documents, or records that are publicly available are not to be construed as immune from discovery or use in any civil action, arbitration, administrative proceeding, or ((state accountancy)) board proceeding merely because they were presented or considered in connection with the quality assurance or peer review process.
NEW SECTION. Sec. 23. (1) By December 1, 2002, the board of accountancy shall report to the senate committee on labor, commerce, and financial institutions and the house committee on commerce and labor, or successor committees, on the implementation of this act, including but not limited to the provisions governing nonlicensee owners of CPA firms and the fiscal impacts.
(2) This section does not affect the board's authority to proceed with implementation of this act.
(3) This section expires January 1, 2003.
NEW SECTION. Sec. 24. 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., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
Senator Gardner moved that the Senate concur in the House amendment to Engrossed Second Substitute Senate Bill No. 5593.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Gardner that the Senate concur in the House amendment to Engrossed Second Substitute Senate Bill No. 5593.
The motion by Senator Gardner carried and the Senate concurred in the House amendment to Engrossed Second Substitute Senate Bill No. 5593.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5593, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5593, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 1; Excused, 1.
Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Parlette, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 37.
Voting nay: Senators Benton, Carlson, Hochstatter, Honeyford, Long, Morton, Oke, Roach, Stevens and Zarelli - 10.
Absent: Senator Deccio - 1.
Excused: Senator Regala - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5593, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5604 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
“Sec. 1. RCW 66.44.290 and 1965 c 49 s 1 are each amended to read as follows:
(1) Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty of a violation of this title. This section does not apply to persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the liquor control board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the liquor control board may not be used for criminal or administrative prosecution.
(2) An employer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee’s failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase.
(3) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. An employer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase program authorized under this section.”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Prentice, the Senate concurred in the House amendment to Senate Bill No. 5604.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5604, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5604, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator McCaslin - 1.
Excused: Senator Regala - 1.
SENATE BILL NO. 5604, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5988 with the following amendment(s):
On page 2, line 2, after "the" strike all material through "investment" and insert "Washington personnel resources"
On page 2, line 3, after "board." strike "The" and insert the following:
"The investment board is authorized to maintain a retention pool to consist of no more than ten percent of the total salary amount of those investment officers as established by the personnel resources board to be used exclusively for recruitment and retention purposes for such employees.
The", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Snyder, the Senate refuses to concur in the House amendments to Substitute Senate Bill No. 5988 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 4, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5702 with the following amendment(s):
On page 10, beginning on line 9, after "(3)" strike all material through “recent.” on line 34, and insert the following:On or before December 31, 2001, the department shall adjust by rule under chapter 34.05 RCW, the forest land values contained in subsection (2) of this section in accordance with this subsection, and shall certify the adjusted values to the assessor who will use these values in preparing the assessment roll as of January 1, 2002. For the adjustment to be made on or before December 31, 2001, for use in the 2002 assessment year, the department shall:
(a) Divide the aggregate value of all timber harvested within the state between July 1, 1996, and June 30, 2001, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 84.33.074; and(b) Divide the aggregate value of all timber harvested within the state between July 1, 1995, and June 30, 2000, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 84.33.074; and
(c) Adjust the forest land values contained in subsection (2) of this section by a percentage equal to one-half of the percentage change in the average values of harvested timber reflected by comparing the resultant values calculated under (a) and (b) of this subsection (3).
(4) For the adjustments to be made on or before December 31, 2002, and each succeeding year thereafter, the same procedure described in subsection (3) of this section shall be followed using harvester excise tax returns filed under RCW 84.33.074. However, this adjustment shall be made to the prior year's adjusted value, and the five-year periods for calculating average harvested timber values shall be successively one year more recent.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Brown, the Senate concurred in the House amendment to Substitute Senate Bill No. 5702.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5702, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5702, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator McCaslin - 1.
Excused: Senator Regala - 1.
SUBSTITUTE SENATE BILL NO. 5702, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senator McCaslin was excused.
MESSAGE FROM THE HOUSE
April 6, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5877 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Advanced social work" means the application of social work theory and methods including emotional and biopsychosocial assessment, psychotherapy under the supervision of a licensed independent clinical social worker, case management, consultation, advocacy, counseling, and community organization.
(2) "Applicant" means a person who completes the required application, pays the required fee, is at least eighteen years of age, and meets any background check requirements and uniform disciplinary act requirements.
(3) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee.
(4) "Department" means the department of health.
(5) "Disciplining authority" means the department.
(6) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social work. Treatment modalities include but are not limited to diagnosis and treatment of individuals, couples, families, groups, or organizations.
(7) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of relationships, including marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed nervous and mental disorders. The practice of marriage and family therapy means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise.
(8) "Mental health counseling" means the application of principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treatment of mental disorders and promoting optimal mental health and functionality. Mental health counseling also includes, but is not limited to, the assessment, diagnosis, and treatment of mental and emotional disorders, as well as the application of a wellness model of mental health.
(9) "Secretary" means the secretary of health or the secretary's designee.
NEW SECTION. Sec. 2. A person must not represent himself or herself as a licensed advanced social worker, licensed independent clinical social worker, licensed mental health counselor, or licensed marriage and family therapist, without being licensed by the department.
NEW SECTION. Sec. 3. Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice of marriage and family therapy, mental health counseling, or social work by an individual otherwise regulated under this title and performing services within the authorized scope of practice;
(2) The practice of marriage and family therapy, mental health counseling, or social work by an individual employed by the government of the United States or state of Washington while engaged in the performance of duties prescribed by the laws of the United States or state of Washington;
(3) The practice of marriage and family therapy, mental health counseling, or social work by a person who is a regular student in an educational program based on recognized national standards and approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor;
(4) The practice of marriage and family therapy, mental health counseling, or social work under the auspices of a religious denomination, church, or religious organization.
NEW SECTION. Sec. 4. In addition to any other authority provided by law, the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter. Any rules adopted shall be in consultation with the committee;
(2) Establish all licensing, examination, and renewal fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Issue licenses to applicants who have met the education, training, and examination requirements for licensure and to deny a license to applicants who do not meet the requirements;
(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any practical examinations;
(6) Administer and supervise the grading and taking of examinations for applicants for licensure;
(7) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states without examinations;
(8) Implement and administer a program for consumer education in consultation with the committee;
(9) Adopt rules implementing a continuing education program in consultation with the committee;
(10) Maintain the official record of all applicants and licensees; and
(11) Establish by rule the procedures for an appeal of an examination failure.
NEW SECTION. Sec. 5. The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for licensing under this chapter and the results of each application.
NEW SECTION. Sec. 6. The Washington state mental health counselors, marriage and family therapists, and social workers advisory committee is established.
(1) The committee shall be comprised of nine members. Two members shall be licensed mental health counselors. Two members shall be licensed marriage and family therapists. One member shall be a licensed independent clinical social worker, and one member shall be a licensed advanced social worker. Three members must be consumers and represent the public at large and may not be licensed mental health care providers.
(2) Three members shall be appointed for a term of one year, three members shall be appointed for a term of two years, and three members shall be appointed for a term of three years. Subsequent members shall be appointed for terms of three years. A person must not serve as a member for more than two consecutive terms.
(3)(a) Each member must be a resident of the state of Washington.
(b) Each member must not hold an office in a professional association for mental health, social work, or marriage and family therapy and must not be employed by the state of Washington.
(c) Each professional member must have been actively engaged as a mental health counselor, marriage and family therapist, or social worker for five years immediately preceding appointment.
(d) The consumer members must represent the general public and be unaffiliated directly or indirectly with the professions licensed under this chapter.
(4) The secretary shall appoint the committee members.
(5) Committee members are immune from suit in an action, civil or criminal, based on the department's disciplinary proceedings or other official acts performed in good faith.
(6) Committee members shall be compensated in accordance with RCW 43.03.240, including travel expenses in carrying out his or her authorized duties in accordance with RCW 43.03.050 and 43.03.060.
(7) The committee shall elect a chair and vice-chair.
NEW SECTION. Sec. 7. The department of health may seek the advice and assistance of the advisory committee in administering this chapter, including, but not limited to:
(1) Advice and recommendations regarding the establishment or implementation of rules related to the administration of this chapter;
(2) Advice, recommendations, and consultation regarding case disposition guidelines and priorities related to unprofessional conduct cases regarding licensed mental health counselors, licensed clinical social workers, licensed advanced social workers, and licensed marriage and family therapists;
(3) Assistance and consultation of individual committee members as needed in the review, analysis, and disposition of reports of unprofessional conduct and consumer complaints;
(4) Assistance and recommendations to enhance consumer education; and
(5) Assistance and recommendations regarding any continuing education and continuing competency programs administered under the provisions of the chapter.
NEW SECTION. Sec. 8. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licensure, and the discipline of persons licensed under this chapter. The secretary shall be the disciplinary authority under this chapter.
NEW SECTION. Sec. 9. (1) The secretary shall issue a license to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following education and experience requirements for the applicant's practice area.
(a) Licensed social work classifications:
(i) Licensed advanced social worker:
(A) Graduation from a master's or doctorate social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of three thousand two hundred hours with ninety hours of supervision by a licensed independent clinical social worker or a licensed advanced social worker who has been licensed or certified for at least two years. Of those hours, fifty hours must include direct supervision by a licensed advanced social worker or licensed independent clinical social worker; the other forty hours may be with an equally qualified licensed mental health practitioner. Forty hours must be in one-to-one supervision and fifty hours may be in one-to-one supervision or group supervision. Distance supervision is limited to forty supervision hours. Eight hundred hours must be in direct client contact; and
(D) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics.
(ii) Licensed independent clinical social worker:
(A) Graduation from a master's or doctorate level social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of four thousand hours of experience, of which one thousand hours must be direct client contact, over a three-year period supervised by a licensed independent clinical social worker, with supervision of at least one hundred thirty hours by a licensed mental health practitioner. Of the total supervision, seventy hours must be with an independent clinical social worker; the other sixty hours may be with an equally qualified licensed mental health practitioner. Sixty hours must be in one-to-one supervision and seventy hours may be in one-to-one supervision or group supervision. Distance supervision is limited to sixty supervision hours; and
(D) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics.
(b) Licensed mental health counselor:
(i) Graduation from a master's or doctoral level educational program in mental health counseling or a related discipline from a college or university approved by the secretary based upon nationally recognized standards;
(ii) Successful completion of an approved examination;
(iii) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of thirty-six months full-time counseling or three thousand hours of postgraduate mental health counseling under the supervision of a qualified licensed mental health counselor in an approved setting. The three thousand hours of required experience includes a minimum of one hundred hours spent in immediate supervision with the qualified licensed mental health counselor, and includes a minimum of one thousand two hundred hours of direct counseling with individuals, couples, families, or groups; and
(iv) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics.
(c) Licensed marriage and family therapist:
(i) Graduation from a master's degree or doctoral degree educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master's degree or doctoral degree in marriage and family therapy approved by the secretary based upon nationally recognized standards;
(ii) Successful passage of an approved examination;
(iii) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of two calendar years of full-time marriage and family therapy. Of the total supervision, one hundred hours must be with a licensed marriage and family therapist with at least five years' clinical experience; the other one hundred hours may be with an equally qualified licensed mental health practitioner. Total experience requirements include:
(A) A minimum of three thousand hours of experience, one thousand hours of which must be direct client contact; at least five hundred hours must be gained in diagnosing and treating couples and families; plus
(B) At least two hundred hours of qualified supervision with a supervisor. At least one hundred of the two hundred hours must be one-on-one supervision, and the remaining hours may be in one-on-one or group supervision.
Applicants who have completed a master's program accredited by the commission on accreditation for marriage and family therapy education of the American association for marriage and family therapy may be credited with five hundred hours of direct client contact and one hundred hours of formal meetings with an approved supervisor; and
(iv) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics.
(2) The department shall establish by rule what constitutes adequate proof of meeting the criteria.
(3) In addition, applicants shall be subject to the grounds for denial of a license or issuance of a conditional license under chapter 18.130 RCW.
NEW SECTION. Sec. 10. A person licensed under this chapter must provide clients at the commencement of any program of treatment with accurate disclosure information concerning the practice, in accordance with rules adopted by the department, including the right of clients to refuse treatment, the responsibility of clients to choose the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information must also include the license holder's professional education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, financial requirements, and such other information as required by rule. The disclosure must be acknowledged in writing by the client and license holder.
NEW SECTION. Sec. 11. (1) The date and location of examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for licensure shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline.
(2) The secretary or the secretary's designees shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers, and the grading of any practical work shall be preserved for a period of not less than one year after the secretary has made and published the decisions. All examinations shall be conducted under fair and wholly impartial methods.
(4) The secretary may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the licensing requirements.
NEW SECTION. Sec. 12. Applications for licensing shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for licensing provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application.
NEW SECTION. Sec. 13. Any person certified under chapter 18.19 RCW who has met the applicable experience and education requirements under chapter 18.19 RCW prior to the effective date of this act is eligible for a license as an advanced social worker, an independent clinical social worker, a marriage and family therapist, or a mental health counselor under this chapter without taking the examination.
NEW SECTION. Sec. 14. An applicant holding a credential in another state may be licensed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the licensing standards in this state.
NEW SECTION. Sec. 15. The secretary shall establish by rule the procedural requirements and fees for renewal of a license. Failure to renew shall invalidate the license and all privileges granted by the license. If a license has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the secretary by taking continuing education courses, or meeting other standards determined by the secretary.
NEW SECTION. Sec. 16. This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 or 18.57 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope of the practice of counseling for those registered under chapter 18.19 RCW, or restricting the scope of practice of persons licensed under this chapter.
Sec. 17. RCW 18.19.010 and 1987 c 512 s 1 are each amended to read as follows:
The qualifications and practices of counselors in this state are virtually unknown to potential clients. Beyond the regulated practices of psychiatry and psychology, there are a considerable variety of disciplines, theories, and techniques employed by other counselors under a number of differing titles. The legislature recognizes the right of all counselors to practice their skills freely, consistent with the requirements of the public health and safety, as well as the right of individuals to choose which counselors best suit their needs and purposes. This chapter shall not be construed to require or prohibit that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person registered ((or certified)) under this chapter.
Sec. 18. RCW 18.19.020 and 1991 c 3 s 19 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) (("Certified marriage and family therapist" means a person certified to practice marriage and family therapy pursuant to RCW 18.19.130.
(2) "Certified mental health counselor" means a person certified to practice mental health counseling pursuant to RCW 18.19.120.
(3) "Certified social worker" means a person certified to practice social work pursuant to RCW 18.19.110.
(4))) "Client" means an individual who receives or participates in counseling or group counseling.
(((5))) (2) "Counseling" means employing any therapeutic techniques, including but not limited to social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.
(((6))) (3) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists.
(((7))) (4) "Department" means the department of health.
(((8))) (5) "Secretary" means the secretary of the department or the secretary's designee.
Sec. 19. RCW 18.19.030 and 1991 c 3 s 20 are each amended to read as follows:
No person may, for a fee or as a part of his or her position as an employee of a state agency, practice counseling without being registered to practice by the department under this chapter unless exempt under RCW 18.19.040. ((No person may represent himself or herself as a certified social worker, certified mental health counselor, or certified marriage and family therapist without being so certified by the department under this chapter.))
Sec. 20. RCW 18.19.040 and 1987 c 512 s 4 are each amended to read as follows:
Nothing in this chapter may be construed to prohibit or restrict:
(1) The practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the person's authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel;
(2) The practice of counseling by an employee or trainee of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation;
(3) The practice of counseling by a person without a mandatory charge;
(4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the organizations or agencies for whom they render their services;
(5) Evaluation, consultation, planning, policy-making, research, or related services conducted by social scientists for private corporations or public agencies;
(6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself;
(7) Counselors whose residency is not Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they don't hold themselves out to be registered ((or certified)) in Washington state.
Sec. 21. RCW 18.19.050 and 1991 c 3 s 21 are each amended to read as follows:
(1) In addition to any other authority provided by law, the secretary has the following authority:
(a) To adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) To set all ((certification,)) registration((,)) and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320;
(c) To establish forms and procedures necessary to administer this chapter;
(d) To hire clerical, administrative, and investigative staff as needed to implement this chapter;
(e) To issue a registration to any applicant who has met the requirements for registration; and
(f) ((To set educational, ethical, and professional standards of practice for certification;
(g) To prepare and administer or cause to be prepared and administered an examination for all qualified applicants for certification;
(h) To establish criteria for evaluating the ability and qualifications of persons applying for a certificate, including standards for passing the examination and standards of qualification for certification to practice;
(i) To evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a certificate and to establish standards and procedures for accepting alternative training in lieu of such graduation;
(j) To issue a certificate to any applicant who has met the education, training, and conduct requirements for certification;
(k) To set competence requirements for maintaining certification; and
(l))) To develop a dictionary of recognized professions and occupations providing counseling services to the public included under this chapter.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of ((certifications and)) registrations and the discipline of ((certified practitioners and)) registrants under this chapter. The secretary shall be the disciplining authority under this chapter. The absence of educational or training requirements for counselors registered under this chapter or the counselor's use of nontraditional nonabusive therapeutic techniques shall not, in and of itself, give the secretary authority to unilaterally determine the training and competence or to define or restrict the scope of practice of such individuals.
(3) The department shall publish and disseminate information in order to educate the public about the responsibilities of counselors and the rights and responsibilities of clients established under this chapter. Solely for the purposes of administering this education requirement, the secretary shall assess an additional fee for each ((registration and certification)) application and renewal, equal to five percent of the fee. The revenue collected from the assessment fee may be appropriated by the legislature for the department's use in educating consumers pursuant to this section. The authority to charge the assessment fee shall terminate on June 30, 1994.
Sec. 22. RCW 18.19.060 and 1987 c 512 s 6 are each amended to read as follows:
Persons registered ((or certified)) under this chapter shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines developed by the department, that will inform clients of the purposes of and resources available under this chapter, including the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information provided by the counselor, the receipt of which shall be acknowledged in writing by the counselor and client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, and such other information as the department may require by rule. The disclosure information shall also include a statement that registration of an individual under this chapter does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment.
Sec. 23. RCW 18.19.080 and 1991 c 3 s 23 are each amended to read as follows:
The secretary shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for registration ((or certification)) under this chapter, with the result of each application.
Sec. 24. RCW 18.19.180 and 1991 c 3 s 33 are each amended to read as follows:
An individual registered ((or certified)) under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.19.060 nor any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:
(1) With the written consent of that person or, in the case of death or disability, the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;
(2) That a person registered ((or certified)) under this chapter is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;
(3) If the person is a minor, and the information acquired by the person registered ((or certified)) under this chapter indicates that the minor was the victim or subject of a crime, the person registered ((or certified)) may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;
(4) If the person waives the privilege by bringing charges against the person registered ((or certified)) under this chapter;
(5) In response to a subpoena from a court of law or the secretary. The secretary may subpoena only records related to a complaint or report under chapter 18.130 RCW; or
(6) As required under chapter 26.44 RCW.
Sec. 25. RCW 18.19.190 and 1987 c 512 s 18 are each amended to read as follows:
This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope of the practice of counseling for those registered ((or certified)) under this chapter.
Sec. 26. RCW 18.120.020 and 2000 c 93 s 15 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.
(2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dispensing opticians under chapter 18.34 RCW; hearing instruments under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners licensed under chapter 18.89 RCW; veterinarians and veterinary technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; acupuncturists licensed under chapter 18.06 RCW; persons registered ((or certified)) under chapter 18.19 RCW; persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.-- RCW (sections 1 through 16 of this act); dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; and nursing assistants registered or certified under chapter 18.88A RCW.
(5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.
(6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
(9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession.
(10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.
(11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.
(12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.
Sec. 27. RCW 18.130.040 and 1999 c 335 s 10 are each amended to read as follows:
(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.
(2)(a) The secretary has authority under this chapter in relation to the following professions:
(i) Dispensing opticians licensed under chapter 18.34 RCW;
(ii) Naturopaths licensed under chapter 18.36A RCW;
(iii) Midwives licensed under chapter 18.50 RCW;
(iv) Ocularists licensed under chapter 18.55 RCW;
(v) Massage operators and businesses licensed under chapter 18.108 RCW;
(vi) Dental hygienists licensed under chapter 18.29 RCW;
(vii) Acupuncturists licensed under chapter 18.06 RCW;
(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;
(ix) Respiratory care practitioners licensed under chapter 18.89 RCW;
(x) Persons registered ((or certified)) under chapter 18.19 RCW;
(xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.-- RCW (sections 1 through 16 of this act);
(xii) Persons registered as nursing pool operators under chapter 18.52C RCW;
(((xii))) (xiii) Nursing assistants registered or certified under chapter 18.88A RCW;
(((xiii))) (xiv) Health care assistants certified under chapter 18.135 RCW;
(((xiv))) (xv) Dietitians and nutritionists certified under chapter 18.138 RCW;
(((xv))) (xvi) Chemical dependency professionals certified under chapter 18.205 RCW;
(((xvi))) (xvii) Sex offender treatment providers certified under chapter 18.155 RCW;
(((xvii))) (xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;
(((xviii))) (xix) Persons registered as adult family home providers and resident managers under RCW 18.48.020;
(((xix))) (xx) Denturists licensed under chapter 18.30 RCW;
(((xx))) (xxi) Orthotists and prosthetists licensed under chapter 18.200 RCW; and
(((xxi))) (xxii) Surgical technologists registered under chapter 18.215 RCW.
(b) The boards and commissions having authority under this chapter are as follows:
(i) The podiatric medical board as established in chapter 18.22 RCW;
(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;
(iii) The dental quality assurance commission as established in chapter 18.32 RCW;
(iv) The board of hearing and speech as established in chapter 18.35 RCW;
(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;
(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;
(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;
(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of physical therapy as established in chapter 18.74 RCW;
(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;
(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;
(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and
(xiv) The veterinary board of governors as established in chapter 18.92 RCW.
(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.
(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.
Sec. 28. RCW 9A.44.010 and 1997 c 392 s 513 and 1997 c 112 s 37 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.
(2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.
(3) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.
(4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.
(5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
(8) "Significant relationship" means a situation in which the perpetrator is:
(a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors;
(b) A person who in the course of his or her employment supervises minors; or
(c) A person who provides welfare, health or residential assistance, personal care, or organized recreational activities to frail elders or vulnerable adults, including a provider, employee, temporary employee, volunteer, or independent contractor who supplies services to long-term care facilities licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW, but not including a consensual sexual partner.
(9) "Abuse of a supervisory position" means a direct or indirect threat or promise to use authority to the detriment or benefit of a minor.
(10) "Developmentally disabled," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a developmental disability as defined in RCW 71A.10.020.
(11) "Person with supervisory authority," for purposes of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means any proprietor or employee of any public or private care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically dependent persons at the facility.
(12) "Mentally disordered person" for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental disorder" as defined in RCW 71.05.020.
(13) "Chemically dependent person" for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is "chemically dependent" as defined in RCW 70.96A.020(4).
(14) "Health care provider" for purposes of RCW 9A.44.050 and 9A.44.100 means a person who is, holds himself or herself out to be, or provides services as if he or she were: (a) A member of a health care profession under chapter 18.130 RCW; or (b) registered ((or certified)) under chapter 18.19 RCW or licensed under chapter 18.-- RCW (sections 1 through 16 of this act), regardless of whether the health care provider is licensed, certified, or registered by the state.
(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means the active delivery of professional services by a health care provider which the health care provider holds himself or herself out to be qualified to provide.
(16) "Frail elder or vulnerable adult" means a person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself. "Frail elder or vulnerable adult" also includes a person found incapacitated under chapter 11.88 RCW, a person over eighteen years of age who has a developmental disability under chapter 71A.10 RCW, a person admitted to a long-term care facility that is licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and a person receiving services from a home health, hospice, or home care agency licensed or required to be licensed under chapter 70.127 RCW.
Sec. 29. RCW 18.100.050 and 1999 c 128 s 1 are each amended to read as follows:
(1) An individual or group of individuals duly licensed or otherwise legally authorized to render the same professional services within this state may organize and become a shareholder or shareholders of a professional corporation for pecuniary profit under the provisions of Title 23B RCW for the purpose of rendering professional service. One or more of the legally authorized individuals shall be the incorporators of the professional corporation.
(2) Notwithstanding any other provision of this chapter, registered architects and registered engineers may own stock in and render their individual professional services through one professional service corporation.
(3) Licensed health care professionals, providing services to enrolled participants either directly or through arrangements with a health maintenance organization registered under chapter 48.46 RCW or federally qualified health maintenance organization, may own stock in and render their individual professional services through one professional service corporation.
(4) Professionals may organize a nonprofit nonstock corporation under this chapter and chapter 24.03 RCW to provide professional services, and the provisions of this chapter relating to stock and referring to Title 23B RCW shall not apply to any such corporation.
(5)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified pursuant to chapters 18.06, ((18.19,)) 18.-- (sections 1 through 16 of this act), 18.22, 18.25, 18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57, 18.57A, 18.64, 18.71, 18.71A, 18.79, 18.83, 18.89, 18.108, and 18.138 RCW may own stock in and render their individual professional services through one professional service corporation and are to be considered, for the purpose of forming a professional service corporation, as rendering the "same specific professional services" or "same professional services" or similar terms.
(b) Notwithstanding any other provision of this chapter, health care professionals who are regulated under chapters 18.59 and 18.74 RCW may own stock in and render their individual professional services through one professional service corporation formed for the sole purpose of providing professional services within their respective scope of practice.
(c) Formation of a professional service corporation under this subsection does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential.
Sec. 30. RCW 18.205.090 and 1998 c 243 s 9 are each amended to read as follows:
(1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:
(a) Completion of an educational program approved by the secretary or successful completion of alternate training that meets established criteria;
(b) Successful completion of an approved examination, based on core competencies of chemical dependency counseling; and
(c) Successful completion of an experience requirement that establishes fewer hours of experience for applicants with higher levels of relevant education. In meeting any experience requirement established under this subsection, the secretary may not require more than one thousand five hundred hours of experience in chemical dependency counseling for applicants who are licensed under chapter 18.83 RCW or under chapter 18.79 RCW as advanced registered nurse practitioners.
(2) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria.
(3) Applicants are subject to the grounds for denial of a certificate or issuance of a conditional certificate under chapter 18.130 RCW.
(4) Certified chemical dependency professionals shall not be required to be registered under chapter 18.19 RCW or licensed under chapter 18.-- RCW (sections 1 through 16 of this act).
Sec. 31. RCW 25.05.510 and 1998 c 103 s 1103 are each amended to read as follows:
(1) A person or group of persons licensed or otherwise legally authorized to render professional services, as defined in RCW 18.100.030, within this state may organize and become a member or members of a limited liability partnership under the provisions of this chapter for the purposes of rendering professional service. Nothing in this section prohibits a person duly licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from becoming a member of a limited liability partnership organized for the purpose of rendering the same professional services. Nothing in this section prohibits a limited liability partnership from rendering professional services outside this state through individuals who are not duly licensed or otherwise legally authorized to render such professional services within this state.
(2)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified pursuant to chapters 18.06, ((18.19,)) 18.-- (sections 1 through 16 of this act), 18.22, 18.25, 18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.64, 18.79, 18.83, 18.89, 18.108, and 18.138 RCW may join and render their individual professional services through one limited liability partnership and are to be considered, for the purpose of forming a limited liability partnership, as rendering the "same specific professional services" or "same professional services" or similar terms.
(b) Notwithstanding any other provision of this chapter, health care professionals who are licensed pursuant to chapters 18.57 and 18.71 RCW may join and render their individual professional services through one limited liability partnership and are to be considered, for the purpose of forming a limited liability partnership, as rendering the "same specific professional services" or "same professional services" or similar terms.
(c) Formation of a limited liability partnership under this subsection does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential.
Sec. 32. RCW 25.15.045 and 1999 c 128 s 2 are each amended to read as follows:
(1) A person or group of persons licensed or otherwise legally authorized to render professional services within this or any other state may organize and become a member or members of a professional limited liability company under the provisions of this chapter for the purposes of rendering professional service. A "professional limited liability company" is subject to all the provisions of chapter 18.100 RCW that apply to a professional corporation, and its managers, members, agents, and employees shall be subject to all the provisions of chapter 18.100 RCW that apply to the directors, officers, shareholders, agents, or employees of a professional corporation, except as provided otherwise in this section. Nothing in this section prohibits a person duly licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from becoming a member of a professional limited liability company organized for the purpose of rendering the same professional services. Nothing in this section prohibits a professional limited liability company from rendering professional services outside this state through individuals who are not duly licensed or otherwise legally authorized to render such professional services within this state. Persons engaged in a profession and otherwise meeting the requirements of this chapter may operate under this chapter as a professional limited liability company so long as each member personally engaged in the practice of the profession in this state is duly licensed or otherwise legally authorized to practice the profession in this state and:
(a) At least one manager of the company is duly licensed or otherwise legally authorized to practice the profession in this state; or
(b) Each member in charge of an office of the company in this state is duly licensed or otherwise legally authorized to practice the profession in this state.
(2) If the company's members are required to be licensed to practice such profession, and the company fails to maintain for itself and for its members practicing in this state a policy of professional liability insurance, bond, or other evidence of financial responsibility of a kind designated by rule by the state insurance commissioner and in the amount of at least one million dollars or a greater amount as the state insurance commissioner may establish by rule for a licensed profession or for any specialty within a profession, taking into account the nature and size of the business, then the company's members are personally liable to the extent that, had the insurance, bond, or other evidence of responsibility been maintained, it would have covered the liability in question.
(3) For purposes of applying the provisions of chapter 18.100 RCW to a professional limited liability company, the terms "director" or "officer" means manager, "shareholder" means member, "corporation" means professional limited liability company, "articles of incorporation" means certificate of formation, "shares" or "capital stock" means a limited liability company interest, "incorporator" means the person who executes the certificate of formation, and "bylaws" means the limited liability company agreement.
(4) The name of a professional limited liability company must contain either the words "Professional Limited Liability Company," or the words "Professional Limited Liability" and the abbreviation "Co.," or the abbreviation "P.L.L.C." or "PLLC" provided that the name of a professional limited liability company organized to render dental services shall contain the full names or surnames of all members and no other word than "chartered" or the words "professional services" or the abbreviation "P.L.L.C." or "PLLC."
(5) Subject to the provisions in article VII of this chapter, the following may be a member of a professional limited liability company and may be the transferee of the interest of an ineligible person or deceased member of the professional limited liability company:
(a) A professional corporation, if its shareholders, directors, and its officers other than the secretary and the treasurer, are licensed or otherwise legally authorized to render the same specific professional services as the professional limited liability company; and
(b) Another professional limited liability company, if the managers and members of both professional limited liability companies are licensed or otherwise legally authorized to render the same specific professional services.
(6)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified pursuant to chapters 18.06, ((18.19,)) 18.-- (sections 1 through 16 of this act), 18.22, 18.25, 18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57, 18.57A, 18.64, 18.71, 18.71A, 18.79, 18.83, 18.89, 18.108, and 18.138 RCW may own membership interests in and render their individual professional services through one limited liability company and are to be considered, for the purpose of forming a limited liability company, as rendering the "same specific professional services" or "same professional services" or similar terms.
(b) Notwithstanding any other provision of this chapter, health care professionals who are regulated under chapters 18.59 and 18.74 RCW may own membership interests in and render their individual professional services through one limited liability company formed for the sole purpose of providing professional services within their respective scope of practice.
(c) Formation of a limited liability company under this subsection does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential.
Sec. 33. RCW 48.43.087 and 1996 c 304 s 1 are each amended to read as follows:
(1) For purposes of this section:
(a) "Health carrier" includes disability insurers regulated under chapter 48.20 or 48.21 RCW, health care services contractors regulated under chapter 48.44 RCW, plans operating under the health care authority under chapter 41.05 RCW, the basic health plan operating under chapter 70.47 RCW, the state health insurance pool operating under chapter 48.41 RCW, insuring entities regulated under this chapter, and health maintenance organizations regulated under chapter 48.46 RCW.
(b) "Intermediary" means a person duly authorized to negotiate and execute provider contracts with health carriers on behalf of mental health care practitioners.
(c) Consistent with their lawful scopes of practice, "mental health care practitioners" includes only the following: Any generally recognized medical specialty of practitioners licensed under chapter 18.57 or 18.71 RCW who provide mental health services, advanced practice psychiatric nurses as authorized by the nursing care quality assurance commission under chapter 18.79 RCW, psychologists licensed under chapter 18.83 RCW, ((social workers, marriage and family therapists, and mental health counselors certified under chapter 18.19 RCW)) and mental health counselors, marriage and family therapists, and social workers licensed under chapter 18.-- RCW (sections 1 through 16 of this act).
(d) "Mental health services" means outpatient services.
(2) Consistent with federal and state law and rule, no contract between a mental health care practitioner and an intermediary or between a mental health care practitioner and a health carrier that is written, amended, or renewed after June 6, 1996, may contain a provision prohibiting a practitioner and an enrollee from agreeing to contract for services solely at the expense of the enrollee as follows:
(a) On the exhaustion of the enrollee's mental health care coverage;
(b) During an appeal or an adverse certification process;
(c) When an enrollee's condition is excluded from coverage; or
(d) For any other clinically appropriate reason at any time.
(3) If a mental health care practitioner provides services to an enrollee during an appeal or adverse certification process, the practitioner must provide to the enrollee written notification that the enrollee is responsible for payment of these services, unless the health carrier elects to pay for services provided.
(4) This section does not apply to a mental health care practitioner who is employed full time on the staff of a health carrier.
NEW SECTION. Sec. 34. A new section is added to chapter 70.02 RCW to read as follows:
Mental health counselors, marriage and family therapists, and social workers licensed under chapter 18.-- RCW (sections 1 through 16 of this act) are subject to this chapter.
NEW SECTION. Sec. 35. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 36. Sections 1 through 16 of this act constitute a new chapter in Title 18 RCW.
NEW SECTION. Sec. 37. The following acts or parts of acts are each repealed:
(1) RCW 18.19.070 (Council established--Membership--Qualifications--Removal--Vacancy--Duties and powers--Compensation) and 1996 c 191 s 4, 1994 sp.s. c 9 s 501, 1991 c 3 s 22, & 1987 c 512 s 7;
(2) RCW 18.19.110 (Certification of social workers) and 1991 c 3 s 26 & 1987 c 512 s 12;
(3) RCW 18.19.120 (Certification of mental health counselors--Practice defined--Continuing education) and 1995 c 183 s 1, 1991 c 3 s 27, & 1987 c 512 s 13;
(4) RCW 18.19.130 (Certification of marriage and family therapists--Practice defined) and 1993 c 259 s 1, 1991 c 3 s 28, & 1987 c 512 s 14;
(5) RCW 18.19.140 (Applications for certification) and 1991 c 3 s 29 & 1987 c 512 s 17;
(6) RCW 18.19.150 (Examination of applicants for certification) and 1991 c 3 s 30 & 1987 c 512 s 16;
(7) RCW 18.19.160 (Certification of persons credentialed out-of-state--Temporary retirement of certified persons) and 1991 c 3 s 31 & 1987 c 512 s 19; and
(8) RCW 18.19.170 (Renewal of certificates--Continuing education) and 1998 c 32 s 1, 1996 c 191 s 6, 1991 c 3 s 32, & 1987 c 512 s 15."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
Senator Thibaudeau moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 5877.
Debate ensued.
POINT OF INQUIRY
Senator Zarelli: “Senator Thibaudeau, I just wanted to clarify--my original concern over the bill was the privilege and confidentiality between a parent and the child that that bill will allow. Are we saying now, with this House amendment, that that confidentiality and privilege no longer is in the bill and, therefore, the issue that Senator Hargrove has brought up is no longer a matter within this bill?”
Senator Thibaudeau: “Yes, that is true. It is not in this bill. It is true, as Senator Costa said, it is simply not relevant. It simply sets the standards for the educational and professional requirements.”
Further debate ensued.
The President declared the question before the Senate to be the motion by Senator Thibaudeau that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 5877.
The motion by Senator Thibaudeau carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5877.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5877, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5877, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and West - 33.
Voting nay: Senators Hargrove, Hochstatter, Honeyford, Johnson, Long, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, Winsley and Zarelli - 15.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5877, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5114 with the following amendment(s):
Beginning on page 2, after line 3, strike all material through “46.20.520.” on line 9., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Horn, the Senate concurred in the House amendment to Substitute Senate Bill No. 5114.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5114, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5114, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 5114, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 13, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Zarelli, the Senate receded from its amendment(s) to Engrossed Substitute Senate Bill No. 1625.
MOTIONS
On motion of Senator Zarelli, the rules were suspended, Engrossed Substitute House Bill No. 1625 was returned to second reading and read the second time.
On motion of Senator Zarelli, the following striking amendment by Senators Fairley and Zarelli was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. 1999 c 379 s 112 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Development Loan Fund (88-2-006) (00-2-004)
Reappropriation:
State Building Construction Account--State.. . . . . . . .$ 558,716
Washington State Development Loan
Account--((State)) Federal. . . . . . . . . . .$ 2,439,932
-------------
Subtotal Reappropriation. . . .. . . . . . . .$ 2,998,648
Appropriation:
Washington State Development Loan
Account--((State)) Federal. . . . . . . . . . .$ 3,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 805,237
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 18,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . .$ 25,303,885
Sec. 2. 1999 c 379 s 758 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works: Program (00-1-130)
The appropriation in this section are subject to the following conditions and limitations:
(1) $350,000 is provided for technical engineering analysis and financial planning regarding the conversion to digital transmission for Washington public broadcast stations. The financial plan shall assess state, federal, nonprofit foundations, viewer donations, and other sources of revenue to implement the conversion from analog to digital transmission. The provision of these study funds do not imply a further commitment of funding by the state of Washington.
(2) Funding is provided ((from the state building construction account)) as capital project matching funds to the following colleges: Wenatchee Valley, $250,000; Clark, $250,000; Lake Washington, $300,000; Bellevue, $500,000; Walla Walla, $500,000; Grays Harbor, $400,000. State funds shall be matched by an equal or greater amount of nonstate moneys.
(3) Following the allocation of funds for the projects in subsections (1) and (2) of this section, the appropriations in this section shall support the detailed list of projects maintained by the office of financial management.
Appropriation:
State Building Construction Account--State.. . . . . . . .$ 15,050,000
Community and Technical Colleges Capital Projects
Account--State. . . . . . . . . . . . . . . . . . . .$ 1,800,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . .$ 16,850,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . .$ 16,850,000
Sec. 3. 2000 2nd sp.s. c 1 s 1008 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Building Renovation
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903, chapter 379, Laws of 1999.
(2) (($2,000,000)) $4,500,000 of the appropriation in this section is provided for design of the interior rehabilitation and exterior preservation ((of)) and earthquake-related costs associated with the state legislative building ((consistent with the recommendations of the commission on legislative building preservation and renovation)). Funds in this subsection are also provided for planning ((and development of)), developing, and securing relocation space for current and future construction projects related to the capitol historic district ((as well as access)) and site improvements ((to the south portico area)).
(3) The department, in consultation with the legislature, the governor, and the state capitol committee, shall immediately begin planning and initiate an accelerated design/construction schedule for the renovation of the state legislative building as follows:
(a) No new permanent buildings shall be constructed, and the department shall follow standards for historic preservation;
(b) The goal shall be to reoccupy the building in time for the 2004 legislative session;
(c) The department shall make temporary accommodations for the displacement of legislators and legislative staff in the John L. O'Brien building, the Pilchard building, the Cherberg building, and the Newhouse building;
(d) The department shall temporarily move the state library to the Sunset Life building by June 30, 2001, and, if needed, the department shall lease storage facilities in Thurston county for books and other library assets;
(e) The department shall make temporary accommodations for other tenants of the state legislative building as follows:
(i) The office of the insurance commissioner shall be moved to leased space in Thurston county;
(ii) The office of the governor shall be moved to the Insurance building;
(iii) The office of the code reviser and the lieutenant governor shall be moved to a location on the west capitol campus; and
(iv) The other tenants, including the office of the state treasurer, the office of the state auditor, and the office of the secretary of state shall be moved to leased space in Thurston county;
(f) The state legislative building shall be completely vacated by September 15, 2001, to make it available for renovation by the contractor; and
(g) State contracts for the legislative building renovation, Nisqually earthquake repair, and future earthquake mitigation shall conform to all rules, regulations, and requirements of the federal emergency management agency.
(4) $1,000,000 of the appropriation in this section is provided for associated studies including:
(a) A private financing feasibility study;
(b) An investigation of exterior sandstone attachment; and
(c) A space use programming study to include:
(i) A prioritization of uses within the legislative building based on functional affiliation with the legislative process and the ceremonial functions of state-wide office holders that takes into consideration emerging telecommunication capabilities;
(ii) An analysis of space efficiency and space use related to legislative and state-wide ceremonial functions in the following buildings: Cherberg, O'Brien, Pilchard, Newhouse, the governor's mansion, and insurance;
(iii) A review of alternative uses and expansion capabilities for buildings on the capitol campus; and
(iv) By November 30, 2000, the department shall submit a report to the appropriate committees of the legislature on the recommendations of the space use programming study. These recommendations shall be the basis for the planning and development of relocation space for the capitol historic district ((as specified in subsection (2) of this section)).
(((4))) (5) The state capitol committee, in conjunction with a legislative building renovation oversight committee consisting of two members from both the house of representatives and senate, each appointed by legislative leadership, shall:
(a) Develop criteria and guidelines for the space programming study; and
(b) Periodically advise the department regarding the renovation under subsection (3) of this section, the receipt and use of private funds, and other issues that may arise.
(((5))) (6) From the appropriation in this section, up to $10,000 or an amount based on an appraised value may be expended to acquire a photo and document collection of historic significance that depicts legislative activities and facilities.
(7) The department shall report on the progress of accelerated planning, design, and relocations related to the renovation of the state legislative building to the legislature and the governor by July 15, 2001, and September 15, 2001, and shall consult with the legislature and governor on major decisions.
Appropriation:
Capitol Building Construction Account. . . . . . . . . . . .$ 3,000,000
Thurston County Facilities Account. . . . . . . . . . . . . . .$ 2,500,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . .$ 5,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 102,500,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . .$ ((105,500,000))
108,000,000
Sec. 4. 2000 2nd sp.s. c 1 s 1013 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Special Commitment Center: Phase I (00-2-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903, chapter 379, Laws of 1999.
(2) The appropriation in this section is provided for design, sitework, and construction costs associated with building the first ((48-bed)) housing unit for the special commitment center located at McNeil Island. The department of social and health services shall notify the office of financial management and the legislative fiscal committees if there are changes to the scheduled March 2002 occupancy date.
(3) Within the funds provided in this section, the department of social and health services shall evaluate options and site locations for less restrictive alternative placements. The department of social and health services shall provide a report to the office of financial management and the legislative fiscal committees detailing the results of this evaluation, including statutory changes necessary to implement preferred options, by November 15, 2000.
Appropriation:
State Building Construction Account--State.. . . . . . . .$ 14,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 50,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . .$ 64,000,000
NEW SECTION. Sec. 5. A new section is added to 1999 c 379 (uncodified) to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
UW Tacoma Land Acquisition (01-2-029)
Appropriation:
Education Construction Account--State. . . . . . . . . . . .$ 2,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 4,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . .$ 6,500,000
Sec. 6. 1999 c 379 s 937 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Highline Community College - Classroom/Laboratory Building: Construction (98-2-660)
The appropriations in this section are subject to the review and allotment procedures under sections 902 and 903 of this act.
Reappropriation:
State Building Construction Account--State.. . . . . . . .$ 310,000
Appropriation:
State Building Construction Account--State.. . . . . . . .$ 5,900,000
Education Construction Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 1,315,000
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Subtotal Appropriation. . . . . .. . . . . . . .$ 7,215,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 79,717
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
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TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,289,717))
7,604,717
NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 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 immediately."
MOTIONS
On motion of Senator Zarelli, the following title amendment was adopted:
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending 1999 c 379 ss 112, 758, and 937 (uncodified); amending 2000 2nd sp.s. c 1 ss 1008 and 1013 (uncodified); adding a new section to 1999 c 379 (uncodified); making appropriations; authorizing expenditures for capital improvements; and declaring an emergency."
On motion of Senator Zarelli, the rules were suspended, Engrossed Substitute House Bill No. 1625, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1625, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1625, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 6, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5374 with the following amendment(s):
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", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Prentice, the Senate concurred in the House amendments to Engrossed Senate Bill No. 5374.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5374, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5374, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Long, McAuliffe, Oke, Parlette, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Shin, Stevens, Swecker and Zarelli - 30.
Voting nay: Senators Eide, Fairley, Franklin, Haugen, Hewitt, Johnson, Kline, Kohl-Welles, McDonald, Morton, Patterson, Roach, Sheldon, T., Snyder, Spanel, Thibaudeau, West and Winsley - 18.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 5374, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the first order of business.
REPORT OF STANDING COMMITTEE
April 17, 2001
SB 6177 Prime Sponsor, Senator Fraser: Managing energy supply and demand. Reported by Committee on Environment, Energy and Water
MAJORITY Recommendation: That Substitute Senate Bill No. 6177 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, McDonald, Morton and Patterson.
Referred to Committee on Ways and Means.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 6177 was referred to the Committee on Ways and Means.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the third order of business.
MESSAGE FROM THE GOVERNOR
April 17, 2001
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on April 17, 2001, Governor Locke approved the following Senate Bills entitled:
Substitute Senate Bill No. 5219
Relating to sellers of travel-related benefits.
Substitute Senate Bill No. 5241
Relating to venue.
Senate Bill No. 5273
Relating to election filing dates.
Senate Bill No. 5331
Relating to collection of business to business debts.
Senate Bill No. 5367
Relating to removal of competitive grant requirements for community mobilization.
Senate Bill No. 5691
Relating to limitations on sealing of juvenile offender records.
Substitute Senate Bill No. 5958
Relating to the Washington life and disability insurance guaranty association act.
Senate Bill No. 5972
Relating to clarifying the department of social and health services’ parole program placement authority for all juvenile offenders under the age of twenty-one and committed to the department of social and health service.
Engrossed Substitute Senate Bill No. 5995
Relating to information sharing among the courts, providers, divisions, and agencies serving dependent children and their families.
Senate Bill No. 6022
Relating to changing from five years to fifteen years the time that certain amounts are awarded to owners and breeders.
Senate Bill No. 6109
Relating to special reporting of independent expenditures and contributions occurring in close proximity to elections.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MOTION
At 4:30 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:30 a.m., Wednesday, April 18, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate