SIXTY FIRST LEGISLATURE - REGULAR SESSION

 

 

FORTY FIFTH DAY

 

 

House Chamber, Olympia, Wednesday, February 24, 2010

 


The House was called to order at 10:00 a.m. by the Speaker (Representative Moeller presiding).  The Clerk called the roll and a quorum was present.

 

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Shannon Van Duine and Patrick Brumback.  The Speaker (Representative Moeller presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Pastor John Rosenberg, Lutheran Church of the Good Shepherd, Olympia.

 

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

 

RESOLUTION

 

HOUSE RESOLUTION NO. 4668, by Representatives Goodman, Chase, and Kagi

 

WHEREAS, Bastyr University is a nonprofit, accredited institution for higher education, founded in 1978, and located on a 51-acre campus on the north shore of Lake Washington in the City of Kenmore, Washington; and

WHEREAS, Bastyr University is working to transform the health and well-being of the human community through educating the world's future leaders in the natural health arts and sciences; and

WHEREAS, Bastyr University is internationally recognized as a pioneer in the natural health arts and sciences, modeling an integrated approach to research, education, and clinical service; and

WHEREAS, Bastyr University respects the healing power of nature and offers a multidisciplinary curriculum that combines the pursuit of scientific knowledge with the wisdom of ancient healing methods from around the world; and

WHEREAS, Bastyr University was the first natural health arts and sciences university in the country to receive funding for complementary and alternative medicine research from the National Institutes of Health; and

WHEREAS, Bastyr University has completed more than 80 research studies and has been instrumental in increasing the amount of research activity in the field of natural health sciences; and

WHEREAS, Bastyr University's teaching clinic, Bastyr Center for Natural Health, is the largest natural health clinic in the Northwest, with more than 35,000 annual patient visits; and

WHEREAS, Bastyr University is committed to a sustainable health care model and annually provides free healthcare services to underserved populations in the greater Seattle area; and

WHEREAS, Bastyr University's commitment to eco-friendly, LEED certified building practices exemplifies the university's role as a leader in natural health arts and sciences education and furthers its mission to enhance the health and well-being of the human community; and

WHEREAS, Bastyr University is an internationally recognized community of scholars, students, and supporters who share a common commitment to the transformation of the health of the human family through education, research, and clinical services;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives does hereby recognize the various contributions and lasting legacy made by Bastyr University; and

BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Chief Clerk of the House of Representatives to the Board of Trustees of Bastyr University and Bastyr University President, Dr. Dan Church.

 

Representative Goodman moved adoption of House Resolution No. 4668.

 

Representatives Goodman, Hinkle, Kagi and Angel spoke in favor of the adoption of the resolution.

 

HOUSE RESOLUTION NO. 4668 was adopted.

     

There being no objection, the House advanced to the fifth order of business.

 

REPORTS OF STANDING COMMITTEES

 

      February 22, 20100)

ESB 5297           Prime Sponsor, Senator Kline: Concerning the procedure for filing a declaration of completion of probate.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 11.68.110 and 1998 c 292 s 202 are each amended to read as follows:

      (1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration of completion of probate that must state as follows:

      (a) The date of the decedent's death and the decedent's residence at the time of death;

      (b) Whether or not the decedent died testate or intestate;

      (c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will;

      (d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of estate taxes due as the result of the decedent's death has been determined, settled, and paid;

      (e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed;

      (f) ((If the decedent died intestate,)) The names((,)) and addresses (if known)((, and relationship)) of each heir, legatee, and devisee of the decedent to whom the personal representative is required to give notice as provided in this section, and if the decedent died intestate, the relationship of each heir to the decedent, together with the distributive share of each heir; and

      (g) The amount of fees paid or to be paid to each of the following:  (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval.

      (2) ((Subject to the requirement of notice as provided in this section, unless an heir, devisee, or legatee of a decedent petitions the court either for an order requiring the personal representative to obtain court approval of the amount of fees paid or to be paid to the personal representative, lawyers, appraisers, or accountants, or for an order requiring an accounting, or both, within thirty days from the date of filing a declaration of completion of probate, the personal representative will be automatically discharged without further order of the court and the representative's powers will cease thirty days after the filing of the declaration of completion of probate, and the declaration of completion of probate shall, at that time, be the equivalent of the entry of a decree of distribution in accordance with chapter 11.76 RCW for all legal intents and purposes.

      (3))) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative's lawyer shall mail a copy of the declaration of completion to each heir, legatee, or devisee of the decedent, who:  (a) Has not waived notice of the filing, in writing, filed in the cause; and (b) either has not received the full amount of the distribution to which the heir, legatee, or devisee is entitled or has a property right that might be affected adversely by the discharge of the personal representative under this section, together with a notice ((which shall be)) in substantially ((as follows)) the following form:

 

 

CAPTION

OF

CASE

NOTICE OF FILING OF

 

DECLARATION OF COMPLETION

 

 OF PROBATE

      NOTICE IS GIVEN that the attached Declaration of

Completion of Probate was filed by the undersigned in the

above-entitled court on the  . . . . day of  . . . . . ., ((19.))

20 . .((; unless)).  You ((shall)) have thirty days after the

date of the filing of the Declaration of Completion of

Probate to file a petition in the above-entitled court

requesting the court to approve the reasonableness of the

fees, or for an accounting, or both((, and)).

      If you file a petition with the court, you must serve a

copy ((thereof upon)) of the petition on the personal

representative or the personal representative's lawyer, and

on each heir, legatee, and devisee, who was given a copy of

this Declaration of Completion of Probate by the personal

representative.  You may serve a copy of the petition by

first-class mail or personal service.

      If you file a petition with the court, you must request

the court to set a time and place for a hearing on your

petition.  At least ten days before the hearing on your

petition, you must provide notice of the hearing time and

place to the personal representative or the personal

representative's lawyer, and on each heir, legatee, and

devisee, who was given a copy of this Declaration of

Completion of Probate by the personal representative.  You

may serve a copy of the notice by first-class mail or

personal service.

      You must file proof of service of your petition and the

notice of the hearing time and place.  Proof of service must

be filed with the court within thirty-five days after the date

of the filing of the Declaration of Completion of Probate.

      If you do not file a petition with the court within thirty

days after the date of the filing((,)) of the Declaration of

Completion of Probate, or if you file a petition but fail to

follow the procedures outlined in this notice, the following

will occur:

(1) The amount of fees paid or to be paid will be

deemed reasonable((,));

      (2) The acts of the personal representative will be

((deemed)) approved((,));

      (3) The personal representative's powers will cease;

      (4) The personal representative will be automatically

discharged ((without further order of the court,)) as

provided in RCW 11.68.110; and

(5) The Declaration of Completion of Probate will be

final and deemed the equivalent of a Decree of Distribution

entered under chapter 11.76 RCW for all legal intents and

purposes.

      ((If you file and serve a petition within the period

specified, the undersigned will request the court to fix a

time and place for the hearing of your petition, and you will

be notified of the time and place thereof, by mail, or

personal service, not less than ten days before the hearing

on the petition.))

Dated this  . . . . day of  . . . . . ., ((19.)) 20 . .

 

 

 

Personal Representative

(((4))) (3) If all heirs, devisees, and legatees of the decedent entitled to notice under this section waive((, in writing,)) the notice required by this section and such waivers are filed in writing with the court, the personal representative will be ((automatically)) discharged ((without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof)) as provided in subsection (4) of this section.

      (4)(a) Except as provided in (b) of this subsection, thirty days after the date of the filing of the declaration of completion of probate under this section the following will occur:

      (i) The amount of fees paid or to be paid will be deemed reasonable;

      (ii) The acts of the personal representative will be approved;

      (iii) The personal representative's powers will cease;

      (iv) The personal representative will be automatically discharged as provided in RCW 11.68.110; and

      (v) The declaration of completion of probate will be final and deemed the equivalent of a decree of distribution entered under chapter 11.76 RCW for all legal intents and purposes.

      (b) If a petition requesting the court to approve the reasonableness of fees, or for an accounting, or both, is filed within thirty days after the date of the filing of the declaration of completion of probate, the petitioner must follow the procedures under subsection (5) of this section.

      (5)(a) A petitioner requesting the court to approve the reasonableness of fees, or for an accounting, or both, must:

      (i) File a petition with the court within thirty days after the date of the filing of the declaration of completion of probate;

      (ii) Serve a copy of the petition, by first-class mail or personal service, on the personal representative or the personal representative's lawyer, and on each heir, legatee, and devisee, who was given a copy of the declaration of completion of probate by the personal representative;

      (iii) Request the court to set a time and place for a hearing on the petition;

      (iv) At least ten days before the hearing, provide notice of the hearing time and place, by first-class mail or personal service, on the personal representative or the personal representative's lawyer, and on each heir, legatee, and devisee, who was given a copy of the declaration of completion of probate by the personal representative; and

      (v) File proof of service of the petition and the notice of the hearing time and place within thirty-five days after the date of the filing of the declaration of completion of probate.

      (b) If the petitioner fails to follow the requirements of (a) of this subsection the following will occur:

      (i) The amount of fees paid or to be paid will be deemed reasonable;

      (ii) The acts of the personal representative will be approved;

      (iii) The personal representative's powers will cease;

      (iv) The personal representative will be automatically discharged as provided in RCW 11.68.110; and

      (v) The declaration of completion of probate will be final and deemed the equivalent of a decree of distribution entered under chapter 11.76 RCW for all legal intents and purposes.

(6) In those instances where the personal representative has been required to furnish bond, and a declaration of completion of probate is filed pursuant to this section, any bond furnished by the personal representative ((shall be)) is automatically discharged upon the discharge of the personal representative.

Sec. 2.  RCW 11.68.114 and 1998 c 292 s 203 are each amended to read as follows:

      (1) The personal representative retains the powers to:  Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related directly or indirectly to such determination or payment; pay from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the personal representative or by the personal representative's employees, independent contractors, and other agents, in addition to any taxes, interest, or penalties assessed by a taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the intended beneficiaries of the reserve; if:

      (a) In lieu of the statement set forth in RCW 11.68.110(1)(e), the declaration of completion of probate states that:

 

The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed, except for the determination of taxes and of interest and penalties thereon as permitted under this section;

 

and (b) The notice of the filing of declaration of completion of probate must be in substantially the following form:

 

CAPTION

NOTICE OF FILING OF

OF

DECLARATION OF COMPLETION

CASE

OF PROBATE

      NOTICE IS GIVEN that the attached Declaration of

Completion of Probate was filed by the undersigned in

the above-entitled court on the . . . day of . . . . , ((. .))

20 . .((; unless)).  You have thirty days after the date of

the filing of the Declaration of Completion of Probate to

file a petition in the above-entitled court requesting the

court to approve the reasonableness of the fees, or for an

accounting, or both((, and)).

If you file a petition with the court, you must serve a

copy ((thereof upon)) of the petition on the personal

representative or the personal representative's lawyer,

((within thirty days after the date of the filing)) and on

each heir, legatee, and devisee, who was given a copy of

this Declaration of Completion of Probate by the personal

representative.  You may serve a copy of the petition by

first-class mail or personal service.

If you file a petition with the court, you must request

the court to set a time and place for a hearing on your

petition.  At least ten days before the hearing on your

petition, you must provide notice of the hearing time and

place to the personal representative or the personal

representative's lawyer, and on each heir, legatee, and

devisee, who was given a copy of this Declaration of

Completion of Probate by the personal representative.

You may serve a copy of the notice by first-class mail or

personal service.

You must file proof of service of your petition and

the notice of the hearing time and place.  Proof of service

must be filed with the court within thirty-five days after

the date of the filing of the Declaration of Completion of

Probate.

If you do not file a petition with the court within

thirty days after the date of the filing of the Declaration of

Completion of Probate, or if you file a petition but fail to

follow the procedures outlined in this notice, the

following will occur:

      (((i))) (1) The ((schedule)) amount of fees paid or to

be paid as set forth in the Declaration of Completion of

Probate will be deemed reasonable;

      (((ii) The Declaration of Completion of Probate will

be final and deemed the equivalent of a Decree of

Distribution entered under chapter 11.76 RCW;

(iii))) (2) The acts that the personal representative

performed before the Declaration of Completion of

Probate was filed will be ((deemed)) approved, and the

personal representative will be automatically discharged

((without further order of the court)) with respect to all

such acts; ((and

(iv))) (3) The personal representative will retain the

power to deal with the taxing authorities, together with

$. . . . for the determination and payment of all remaining

tax obligations.  Only that portion of the reserve that

remains after the settlement of any tax liability, and the

payment of any expenses associated with such settlement,

will be distributed to the persons legally entitled to the

reserve; and

(4) The Declaration of Completion of Probate will be

final and deemed the equivalent of a Decree of

Distribution entered under chapter 11.76 RCW for all

legal intents and purposes.

 

      (2) Except as provided in subsection (3) of this section, if the requirements in subsection (1) of this section are met, the personal representative is discharged from all claims other than those relating to the settlement of any tax obligations and the actual distribution of the reserve, at the effective date of the declaration of completion.  The personal representative is discharged from liability from the settlement of any tax obligations and the distribution of the reserve, and the personal representative's powers cease, thirty days after the personal representative has mailed to those persons who would have shared in the distribution of the reserve had the reserve remained intact and has filed with the court copies of checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the thirty-day period for an order requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve.

(3)(a) Except as provided in (b) of this subsection, thirty days after the date of the filing of the declaration of completion of probate under this section the following will occur:

      (i) The amount of fees paid or to be paid as set forth in the declaration of completion of probate will be deemed reasonable;

      (ii) The acts that the personal representative performed before the declaration of completion of probate was filed will be approved, and the personal representative will be automatically discharged with respect to all such acts;

      (iii) The personal representative will retain the power to deal with the taxing authorities, hold reserve funds for the determination and payment of all remaining tax obligations and expenses associated with such settlement, and distribute any reserve that remains after the settlement of any tax liability; and

      (iv) The declaration of completion of probate will be final and deemed the equivalent of a decree of distribution entered under chapter 11.76 RCW for all legal intents and purposes.

      (b) If a petition requesting the court to approve the reasonableness of fees, or for an accounting, or both, is filed within thirty days after the date of the filing of the declaration of completion of probate, the petitioner must follow the procedures under subsection (4) of this section.

      (4)(a) A petitioner requesting the court to approve the reasonableness of fees, or for an accounting, or both, must:

      (i) File the petition with the court within thirty days after the date of the filing of the declaration of completion of probate;

      (ii) Serve a copy of the petition, by first-class mail or personal service, on the personal representative or the personal representative's lawyer, and on each heir, legatee, and devisee, who was given a copy of the declaration of completion of probate by the personal representative;

      (iii) Request the court to set a time and place for a hearing on the petition;

      (iv) At least ten days before the hearing, provide notice of the hearing time and place, by first-class mail or personal service, on the personal representative or the personal representative's lawyer, and on each heir, legatee, and devisee, who was given a copy of the declaration of completion of probate by the personal representative; and

      (v) File proof of service of the petition and the notice of the hearing time and place within thirty-five days after the date of the filing of the declaration of completion of probate.

      (b) If the petitioner fails to follow the requirements of (a) of this subsection, the following will occur:

      (i) The amount of fees paid or to be paid as set forth in the declaration of completion of probate will be deemed reasonable;

      (ii) The acts that the personal representative performed before the declaration of completion of probate was filed will be approved, and the personal representative will be automatically discharged with respect to all such acts;

      (iii) The personal representative will retain the power to deal with the taxing authorities, hold reserve funds for the determination and payment of all remaining tax obligations and expenses associated with such settlement, and distribute any reserve that remains after the settlement of any tax liability; and

      (iv) The declaration of completion of probate will be final and deemed the equivalent of a decree of distribution entered under chapter 11.76 RCW for all legal intents and purposes.

      (5) If the personal representative has been required to furnish a bond, any bond furnished by the personal representative is automatically discharged upon the final discharge of the personal representative."

Correct the title.

 

Strike everything after the enacting clause and insert the following:

"Sec. 3.  RCW 11.68.110 and 1998 c 292 s 202 are each amended to read as follows:

      (1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state as follows:

      (a) The date of the decedent's death and the decedent's residence at the time of death;

      (b) Whether or not the decedent died testate or intestate;

      (c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will;

      (d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of estate taxes due as the result of the decedent's death has been determined, settled, and paid;

      (e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed;

      (f) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and

      (g) The amount of fees paid or to be paid to each of the following:  (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval.

      (2) Subject to the requirement of notice as provided in this section, unless an heir, devisee, or legatee of a decedent petitions the court either for an order requiring the personal representative to obtain court approval of the amount of fees paid or to be paid to the personal representative, lawyers, appraisers, or accountants, or for an order requiring an accounting, or both, within thirty days from the date of filing a declaration of completion of probate, the personal representative will be automatically discharged without further order of the court and the representative's powers will cease thirty days after the filing of the declaration of completion of probate, and the declaration of completion of probate shall, at that time, be the equivalent of the entry of a decree of distribution in accordance with chapter 11.76 RCW for all legal intents and purposes.

      (3) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative's lawyer shall mail a copy of the declaration of completion to each heir, legatee, or devisee of the decedent, who:  (a) Has not waived notice of the filing, in writing, filed in the cause; and (b) either has not received the full amount of the distribution to which the heir, legatee, or devisee is entitled or has a property right that might be affected adversely by the discharge of the personal representative under this section, together with a notice which shall be substantially as follows:

 

 

CAPTION

OF

CASE

NOTICE OF FILING OF

 

DECLARATION OF COMPLETION

 

 OF PROBATE

 

      NOTICE IS GIVEN that the attached Declaration of

Completion of Probate was filed by the undersigned in the

above-entitled court on the  . . . . day of  . . . . . ., ((19.))

20 . .; unless you shall file a petition in the above-entitled

court requesting the court to approve the reasonableness of

the fees, or for an accounting, or both, and serve a copy

thereof upon the personal representative or the personal

representative's lawyer, and each heir, legatee, and devisee

to whom the personal representative sent a copy of this

Declaration of Completion of Probate, within thirty days

after the date of the filing, the amount of fees paid or to be

paid will be deemed reasonable, the acts of the personal

representative will be deemed approved, the personal

representative will be automatically discharged without

further order of the court, and the Declaration of

Completion of Probate will be final and deemed the

equivalent of a Decree of Distribution entered under

chapter 11.76 RCW.

      If you file and serve a petition within the period

specified, ((the undersigned will)) you must request the

court to fix a time and place for the hearing of your petition,

and you ((will be notified)) must provide notice of the time

and place thereof to the personal representative or the

personal representative's lawyer, and to each heir, legatee,

and devisee to whom the personal representative sent a

copy of this Declaration of Completion of Probate, by

mail((,)) or personal service, not less than ten days before

the hearing on the petition.

If you file and serve a petition but do not provide

notice of the hearing time and place, the acts of the personal

representative will be deemed approved, and the personal

representative will be automatically discharged as provided

in RCW 11.68.110.

 

Dated this  . . . . day of  . . . . . ., ((19.)) 20 . .

 

 

 

Personal Representative

      (4) If all heirs, devisees, and legatees of the decedent entitled to notice under this section waive, in writing, the notice required by this section, the personal representative will be automatically discharged without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof.  In those instances where the personal representative has been required to furnish bond, and a declaration of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative.

Sec. 4.  RCW 11.68.114 and 1998 c 292 s 203 are each amended to read as follows:

      (1) The personal representative retains the powers to:  Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related directly or indirectly to such determination or payment; pay from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the personal representative or by the personal representative's employees, independent contractors, and other agents, in addition to any taxes, interest, or penalties assessed by a taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the intended beneficiaries of the reserve; if:

      (a) In lieu of the statement set forth in RCW 11.68.110(1)(e), the declaration of completion of probate states that:

 

The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed, except for the determination of taxes and of interest and penalties thereon as permitted under this section;

and

      (b) The notice of the filing of declaration of completion of probate must be in substantially the following form:

 

                                CAPTION                                              NOTICE OF FILING OF

                                  OF                                           DECLARATION OF COMPLETION

                                 CASE                                                     OF PROBATE

 

NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . day of . . . . , . . . .; unless you file a petition in the above-entitled court requesting the court to approve the reasonableness of the fees, or for an accounting, or both, and serve a copy thereof upon the personal representative or the personal representative's lawyer, and each heir, legatee, and devisee to whom the personal representative sent a copy of this Declaration of Completion of Probate, within thirty days after the date of the filing:

(i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable;

(ii) The Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW;

(iii) The acts that the personal representative performed before the Declaration of Completion of Probate was filed will be deemed approved, and the personal representative will be automatically discharged without further order of the court with respect to all such acts; and

(iv) The personal representative will retain the power to deal with the taxing authorities, together with $. . . . for the determination and payment of all remaining tax obligations.  Only that portion of the reserve that remains after the settlement of any tax liability, and the payment of any expenses associated with such settlement, will be distributed to the persons legally entitled to the reserve.

(2) If the requirements in subsection (1) of this section are met, the personal representative is discharged from all claims other than those relating to the settlement of any tax obligations and the actual distribution of the reserve, at the effective date of the declaration of completion.  The personal representative is discharged from liability from the settlement of any tax obligations and the distribution of the reserve, and the personal representative's powers cease, thirty days after the personal representative has mailed to those persons who would have shared in the distribution of the reserve had the reserve remained intact and has filed with the court copies of checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the thirty-day period for an order requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve.  If the personal representative has been required to furnish a bond, any bond furnished by the personal representative is automatically discharged upon the final discharge of the personal representative."

Correct the title.

 

Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 5548            Prime Sponsor, Committee on Transportation: Expanding certain public facilities eligible to be credited against the imposition of impact fees.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Miloscia; Springer; Upthegrove; White and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan and Short.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

ESSB 5704         Prime Sponsor, Committee on Government Operations & Elections: Concerning creation of a flood district by three or more counties.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 85.38.090 and 1991 c 349 s 12 are each amended to read as follows:

      (1) Whenever the governing body of a special district has more than three members, the governing body shall be reduced to three members as of January 1, 1986, by eliminating the positions of those district governing body members with the shortest remaining terms of office.  The remaining three governing body members shall have staggered terms with the one having the shortest remaining term having his or her position filled at the 1987 special district general election, the one with the next shortest remaining term having his or her position filled at the 1989 special district general election, and the one with the longest remaining term having his or her position filled at the 1992 special district general election.  If any of these remaining three governing body members have identical remaining terms of office, the newly calculated remaining terms of these persons shall be determined by lot with the county auditor who assists the special district in its elections managing such lot procedure.  The newly established terms shall be recorded by the county auditor.

      (2) However, whenever five or more special districts have consolidated under chapter 85.36 RCW and the consolidated district has five members in its governing body on July 28, 1985, the consolidated district may adopt a resolution retaining a five-member governing body.  At any time thereafter, such a district may adopt a resolution and reduce the size of the governing body to three members with the reduction occurring as provided in subsection (1) of this section, but the years of the effective dates shall be extended so that the reduction occurs at the next January 1st occurring after the date of the adoption of the resolution.  Whenever a special district is so governed by a five-member governing body, two members shall be elected at each of two consecutive special district general elections, and one member shall be elected at the following special district general election, each to serve a six-year staggered term.

(3) Nothing in this section permits the governing body of a flood control district that is subject to section 2 of this act to reduce the size of its governing body.

NEW SECTION.  Sec. 2.  A new section is added to chapter 85.38 RCW to read as follows:

      The following provisions apply to the governing bodies of flood control districts that, upon creation, have territory in three or more counties:

      (1) The governing body shall include one member from each county with territory in the district, and two additional members selected as provided by this section.  No more than two governing members may be from the same county.

      (2) The initial members of the governing body must be chosen by each county legislative authority within which the district resides, with each county choosing one member, and the two counties with the largest populations within the district choosing one additional member each.  The initial governing body members shall serve until their successors are elected and qualified at the next special district general election.

      (3) At this first election, the members receiving the two greatest number of votes shall serve six-year terms, the members receiving the third and fourth greatest number of votes shall serve four-year terms, and the remaining members shall serve two-year terms of office.

      (4) The requirements for the filing period, method for filing declarations of candidacy, and the arrangement of candidate names on the ballot for all special district general elections conducted after the initial election in the district shall be the same as the requirements for the initial election in the district.  No primary elections may be held for the governing body of a flood control district that, upon creation, has territory in three or more counties.

      (5) A vacancy occurs upon the death, resignation, or incapacity of a governing body member, or whenever the governing body member ceases to be a registered voter of the district.

      (6)(a) Whenever a vacancy occurs in the governing body, the legislative authority of the county within which the largest geographic portion of the district is located shall appoint a registered voter to serve until a person is elected, at the next special district general election occurring sixty or more days after the vacancy has occurred, to serve the remainder of the unexpired term.  The person so elected shall take office immediately when qualified as defined in RCW 29A.04.133.

      (b) If an election for the position that became vacant would otherwise have been held at this special district general election, only one election shall be held and the person elected to fill the succeeding term for that position shall take office immediately when qualified as defined in RCW 29A.04.133 and shall serve both the remainder of the unexpired term and the succeeding term.

(7) An elected or appointed member of the governing body, or a candidate for the governing body, must be a registered voter of the flood control district who has resided within the district for period of not less than thirty days before the election.  In accordance with RCW 85.38.127, land ownership is not a requirement for serving on the governing body of the district."

 

Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan; Miloscia; Short; Springer; Upthegrove; White and Williams.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

2ESSB 5742       Prime Sponsor, Committee on Human Services & Corrections: Concerning crime-free rental housing.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that local governments, landlords, and tenants working together to provide crime- free rental housing is beneficial to the public health, safety, and welfare.  The legislature is also concerned about activities and provisions that serve to bar a person with a criminal history from obtaining viable housing regardless of other factors that may indicate rental stability, such as employment, rental references, or time in the community with no further criminal activity.  It is therefore the intent of this act to provide certain requirements that a local government must follow in adopting a crime-free rental housing program.

NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Crime-free rental housing program" means a crime prevention program designed to reduce crime, drugs, and gangs on rental housing premises under the supervision of the local police department or a crime prevention officer.  The program may include, but is not limited to:  Property management and crime prevention training classes; crime prevention through environmental design surveys; and community awareness training.

      (2) "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants, owner, guests, occupants, or property manager.

      (3) "Local government" means any city, code city, town, or county.

      (4) "Premises" has the same meaning as in RCW 59.18.030.

      (5) "Rental housing" means any tenancy subject to chapter 59.12, 59.18, or 59.20 RCW.

NEW SECTION.  Sec. 3.  (1)(a) Except as provided in (b) of this subsection, a local government may adopt and implement a crime-free rental housing program within its jurisdiction in accordance with this chapter.

      (b) A crime-free rental housing program adopted and implemented by a county is applicable only to unincorporated areas of the county.

      (2) Except as provided in subsection (3) of this section, a crime- free rental housing program must be voluntary.

      (3)(a) A local government may require a landlord to participate in a crime-free rental housing program upon exceeding a reasonable threshold of instances of criminal activity on the premises if the landlord has not made a good faith effort to deter the criminal activity.

      (b) A good faith effort may include, but is not limited to:

      (i) Service of notice on the tenant to comply or quit as allowed by law or the commencement of an unlawful detainer action against the tenant; and

      (ii) Attendance and completion of a landlord training program approved by the local government.

      (4)(a) As a prerequisite to subsection (3) of this section, upon the occurrence of criminal activity on the premises, the local police department must send a notice to the landlord setting forth the following:

      (i) The date and location of the occurrence;

      (ii) The nature of the occurrence; and

      (iii) The name of the person who engaged in the occurrence.

      (b) Notice is deemed properly delivered when it is either served upon the landlord or a property manager of the rental property, or is delivered by first-class mail to the last known address of the landlord.

      (5) This section does not prevent a local government from charging a fee for participation in a crime-free rental housing program.

      (6) This section does not affect a local government's authority to enforce existing law in regard to rental housing, except in regard to a crime-free rental housing program.

NEW SECTION.  Sec. 4.  A crime-free rental housing program may not prohibit a landlord from hiring or renting to a person solely because of the person's criminal history.

NEW SECTION.  Sec. 5.  (1) Except as provided in subsection (2) of this section, this chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all local governments regarding the same subject matter.  The state preemption created in this section applies to all rules, regulations, codes, statutes, and ordinances pertaining to crime-free rental housing programs at any time.

      (2) Section 3 of this act does not apply to rules, regulations, codes, statutes, or ordinances adopted by local governments prior to July 1, 2010, except as required by an order issued by a court of competent jurisdiction pursuant to litigation regarding the rules, regulations, codes, statutes, or ordinances.

NEW SECTION.  Sec. 6.  Sections 1 through 5 of this act constitute a new chapter in Title 35 RCW."

 

Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Roberts; Ross and Warnick.

 

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

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

ESSB 5902         Prime Sponsor, Committee on Ways & Means: Promoting accessible communities for persons with disabilities.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that when people who have disabilities are welcomed and included as members of our communities and provided with equal access to the opportunities available to others, their participation enriches those communities, enhances the strength of those communities' diversity, and contributes toward the economic vitality of those communities.  The legislature further finds that more than nine hundred thousand Washington state residents with disabilities continue to face barriers to full participation that could be easily eliminated.

NEW SECTION.  Sec. 2.  (1) The accessible communities account is created in the custody of the state treasurer.  Two hundred dollars from each full penalty imposed under RCW 46.16.381 (7), (8), and (9) must be deposited into the account.  When a reduced penalty is imposed under RCW 46.16.381 (7), (8) and (9), the amount deposited in the accessible communities account shall be reduced proportionally.

      (2) The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.  Only the commissioner may authorize expenditures from the account.

      (3) Expenditures from the account may be used for promoting greater awareness of disability issues and improved access for and inclusion and acceptance of persons with disabilities in communities in the state of Washington, including:

      (a) Reimbursing travel, per diem, and reasonable accommodation for county accessible community advisory committee meetings and committee sponsored activities including, but not limited to, supporting the involvement of people with disabilities and disability organization in emergency planning and emergency preparedness activities;

      (b) Establishing and maintaining an accessible communities web site;

      (c) Providing training or technical assistance for county accessible community advisory committees;

      (d) A grant program for funding proposals developed and submitted by county accessible community advisory committees to promote greater awareness of disability issues and acceptance, inclusion, and access for persons with disabilities within the community;

      (e) Reimbursing the state agency that provides administrative support to the governor's committee on disability issues and employment for costs associated with implementing this act; and

      (f) Programming changes to the judicial information system accounting module required for disbursement of funds to this account.

NEW SECTION.  Sec. 3.  A new section is added to chapter 50.40 RCW to read as follows:

      (1) To the extent allowed by funds available from the accessible communities account created in section 2 of this act, the governor's committee on disability issues and employment shall:

      (a) Determine eligibility of accessible community advisory committees for reimbursement or for grant funding according to section 4 of this act; and

      (b) Solicit proposals from active accessible community advisory committees for projects to improve disability awareness and access for persons with disabilities, and shall select projects for funding from moneys available in the accessible communities account.

      (2) The commissioner shall adopt rules to administer this section.

      (3) To the extent allowed by funds available from the accessible communities account created in section 2 of this act, the governor's committee on disability issues and employment shall establish an accessible communities web site to provide the following information:  Guidance, technical assistance, reference materials, and resource identification for local governments, accessible community advisory committees, and public accommodations; examples of best practices for local initiatives and activities to promote greater awareness of disability issues and access for persons with disabilities within the community; and a searchable listing of local public accommodations that have taken steps to be more disability friendly, including information on the specific access features provided.

NEW SECTION.  Sec. 4.  A new section is added to chapter 36.01 RCW to read as follows:

      (1) A county has the option to expand the scope of an advisory committee established and maintained under RCW 29A.46.260 to that of an accessible community advisory committee, or to create an accessible community advisory committee.

      (2) A county that has an active accessible community advisory committee may be reimbursed within available funds from the accessible communities account created in section 2 of this act for travel, per diem, and reasonable accommodation expenses for the participation of that committee's members in committee meetings and sponsored activities.

      (3) A county establishes that it has an active accessible community

advisory committee by submitting biennial assurances to the governor's

committee on disability issues and employment that:

      (a) The decision to establish an accessible community advisory committee was made by the county legislative authority, or by agents or officers acting under that authority.

      (b) If an accessible community advisory committee is established by expanding the advisory committee established and maintained under RCW 29A.46.260, the county auditor supports that expansion.

      (c) Committee members include persons with a diverse range of disabilities who are knowledgeable in identifying and eliminating attitudinal, programmatic, communication, and physical barriers encountered by persons with disabilities.

      (d) The committee is actively involved in the following activities:  Advising on addressing the needs of persons with disabilities in emergency plans; advising the county and other local governments within the county on access to programs services and activities, new construction or renovation projects, sidewalks, other pedestrian routes of travel, and disability parking enforcement; and developing local initiatives and activities to promote greater awareness of disability issues, and acceptance, involvement, and access for persons with disabilities within the community.

      (4) Counties may form joint accessible community advisory committees, as long as no more than one of the participating counties has a population greater than seventy thousand.

Sec. 5.  RCW 29A.46.260 and 2006 c 207 s 7 are each amended to read as follows:

      (1) The legislature finds that the elimination of polling places resulting from the transition to vote by mail creates barriers that restrict the ability of many voters with disabilities from achieving the independence and privacy in voting provided by the accessible voting devices required under the help America vote act.  Counties adopting a vote by mail system must take appropriate steps to mitigate these impacts and to address the obligation to provide voters with disabilities an equal opportunity to vote independently and privately, to the extent that this can be achieved without incurring undue administrative and financial burden.

      (2) Each county shall establish and maintain an advisory committee that includes persons with diverse disabilities and persons with expertise in providing accommodations for persons with disabilities.  The committee shall assist election officials in developing a plan to identify and implement changes to improve the accessibility of elections for voters with disabilities.  The plan shall include recommendations for the following:

      (a) The number of polling places that will be maintained in order to ensure that people with disabilities have reasonable access to accessible voting devices, and a written explanation for how the determination was made;

      (b) The locations of polling places, drop-off facilities, voting centers, and other election-related functions necessary to maximize accessibility to persons with disabilities;

      (c) Outreach to voters with disabilities on the availability of disability accommodation, including in-person disability access voting;

      (d) Transportation of voting devices to locations convenient for voters with disabilities in order to ensure reasonable access for voters with disabilities; and

      (e) Implementation of the provisions of the help America vote act related to persons with disabilities.

      Counties must update the plan at least annually. The election review staff of the secretary of state shall review and evaluate the plan in conformance with the review procedure identified in RCW 29A.04.570.

      (3) Counties may form a joint advisory committee to develop the plan identified in subsection (2) of this section if ((the total population of the joining counties does not exceed thirty thousand, and the counties are geographically adjacent)) no more than one of the participating counties has a population greater than seventy thousand.

Sec. 6.  RCW 46.16.381 and 2007 c 262 s 1 and 2007 c 44 s 1 are each reenacted and amended to read as follows:

      (1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk or involves acute sensitivity to light and meets one of the following criteria, as determined by a licensed physician, an advanced registered nurse practitioner licensed under chapter 18.79 RCW, or a physician assistant licensed under chapter 18.71A or 18.57A RCW:

      (a) Cannot walk two hundred feet without stopping to rest;

      (b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

      (c) Has such a severe disability, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

      (d) Uses portable oxygen;

      (e) Is restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

      (f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American Heart Association;

      (g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk.  The personal physician, advanced registered nurse practitioner, or physician assistant of the applicant shall document that the disability is comparable in severity to the others listed in this subsection;

      (h) Is legally blind and has limited mobility; or

      (i) Is restricted by a form of porphyria to the extent that the applicant would significantly benefit from a decrease in exposure to light.

      (2) The applications for parking permits for persons with disabilities and parking permits for persons with temporary disabilities are official state documents.  Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable under chapter 9A.20 RCW.  The following statement must appear on each application form immediately below the physician's, advanced registered nurse practitioner's, or physician assistant's signature and immediately below the applicant's signature:  "A parking permit for a person with disabilities may be issued only for a medical necessity that severely affects mobility or involves acute sensitivity to light (RCW 46.16.381).  Knowingly providing false information on this application is a gross misdemeanor.  The penalty is up to one year in jail and a fine of up to $5,000 or both."

      (3) Persons who qualify for special parking privileges are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access and an individual serial number, along with a special identification card bearing the name and date of birth of the person to whom the placard is issued, and the placard's serial number.  The special identification card shall be issued to all persons who are issued parking placards, including those issued for temporary disabilities, and special parking license plates for persons with disabilities.  The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the person with disabilities.  Instead of regular motor vehicle license plates, persons with disabilities are entitled to receive special license plates under this section or RCW 46.16.385 bearing the international symbol of access for one vehicle registered in the name of the person with disabilities.  Persons with disabilities who are not issued the special license plates are entitled to receive a second special placard upon submitting a written request to the department.  Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the placard or special license plates issued under this section or RCW 46.16.385 may park in places reserved for persons with physical disabilities.  The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly transport persons with disabilities who have been determined eligible for special parking privileges provided under this section.  The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding home, senior citizen center, private nonprofit agency, or cabulance service if the vehicle is primarily used to transport persons with disabilities described in this section.  Public transportation authorities, nursing homes, boarding homes, senior citizen centers, private nonprofit agencies, and cabulance services are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use.

      (4) Whenever the person with disabilities transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle.  If another vehicle is acquired by the person with disabilities and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate.  If another vehicle is not acquired by the person with disabilities, the removed plate shall be immediately surrendered to the director.

      (5) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter.  No special license plate may be issued to a person who is temporarily disabled.  A person who has a condition expected to improve within six months may be issued a temporary placard for a period not to exceed six months.  If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the person's physician.  The permanent parking placard and identification card of a person with disabilities shall be renewed at least every five years, as required by the director, by satisfactory proof of the right to continued use of the privileges.  In the event of the permit holder's death, the parking placard and identification card must be immediately surrendered to the department.  The department shall match and purge its database of parking permits issued to persons with disabilities with available death record information at least every twelve months.

      (6) Additional fees shall not be charged for the issuance of the special placards or the identification cards.  No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle.

      (7) Any unauthorized use of the special placard, special license plate issued under this section or RCW 46.16.385, or identification card is a ((traffic)) parking infraction with a monetary penalty of ((two)) four hundred fifty dollars.

      (8) It is a parking infraction, with a monetary penalty of ((two)) four hundred fifty dollars for a person to park in, block, or otherwise make inaccessible the access aisle located next to a space reserved for persons with physical disabilities.  The Clerk of the court shall report all violations related to this subsection to the department.

      (9) It is a parking infraction, with a monetary penalty of ((two)) four hundred fifty dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for persons with physical disabilities without a placard or special license plate issued under this section or RCW 46.16.385.  If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the placard or special license plate issued under this section or RCW 46.16.385 required under this section.  A local jurisdiction providing nonmetered, on-street parking places reserved for persons with physical disabilities may impose by ordinance time restrictions of no less than four hours on the use of these parking places.  A local jurisdiction may impose by ordinance time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards or special license plates issued under this section or RCW 46.16.385.  All time restrictions must be clearly posted.

      (10) ((The penalties)) Two hundred dollars from each full penalty imposed under subsections (7), (8), and (9) of this section shall be deposited in the accessible communities account created in section 2 of this act.  When a reduced penalty is imposed under subsections (7), (8), and (9) of this section, the amount deposited in the accessible communities account shall be reduced proportionally.  The remaining penalty amounts shall be used by that local jurisdiction exclusively for law enforcement.  The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage of the improperly parked vehicle.

      (11) Except as provided by subsection (2) of this section, it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special license plate issued under this section or RCW 46.16.385, placard, or identification card in a manner other than that established under this section.

      (12)(a) A law enforcement agency authorized to enforce parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581.  Volunteers must be at least twenty-one years of age.  The law enforcement agency appointing volunteers may establish any other qualifications the agency deems desirable.

      (b) An agency appointing volunteers under this section must provide training to the volunteers before authorizing them to issue notices of infractions.

      (c) A notice of infraction issued by a volunteer appointed under this subsection has the same force and effect as a notice of infraction issued by a police officer for the same offense.

      (d) A police officer or a volunteer may request a person to show the person's identification card or special parking placard when investigating the possibility of a violation of this section.  If the request is refused, the person in charge of the vehicle may be issued a notice of infraction for a violation of this section.

      (13) For second or subsequent violations of this section, in addition to a monetary fine, the violator must complete a minimum of forty hours of:

      (a) Community restitution for a nonprofit organization that serves persons having disabilities or disabling diseases; or

      (b) Any other community restitution that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

      (14) The court may not suspend more than one-half of any fine imposed under subsection (7), (8), (9), or (11) of this section.

      (15) For the purposes of this section, "legally blind" means a person who:  (a) Has no vision or whose vision with corrective lenses is so limited that the individual requires alternative methods or skills to do efficiently those things that are ordinarily done with sight by individuals with normal vision; or (b) has an eye condition of a progressive nature which may lead to blindness.

Sec. 7.  RCW 43.79A.040 and 2009 c 87 s 4 are each amended to read as follows:

      (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

      (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

      (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies.  The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.  Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

      (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period:  The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the accessible communities account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the Washington international exchange scholarship endowment fund, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the pilotage account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, the reduced cigarette ignition propensity account, and the reading achievement account.  However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period:  The advanced right-of-way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

Correct the title.

 

Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green; Herrera; O'Brien and Walsh.

 

Referred to Committee on Ways & Means.

 

February 22, 20100)

SSB 6192            Prime Sponsor, Committee on Human Services & Corrections: Providing for modification of the disposition concerning restitution in juvenile cases.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 13.40.190 and 2004 c 120 s 6 are each amended to read as follows:

      (1)(a) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent.  In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted.

(b) Restitution may include the costs of counseling reasonably related to the offense.

      (c) The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter.

(d) The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period.  ((Restitution may include the costs of counseling reasonably related to the offense.)) For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday and, during this period, the restitution portion of the dispositional order may be modified as to amount, terms, and conditions at any time.  Prior to the expiration of the ten-year period, the juvenile court may extend the judgment for the payment of restitution for an additional ten years.  If the court grants a respondent's petition pursuant to RCW 13.50.050(11), the court's jurisdiction under this subsection shall terminate.

      (e) Nothing in this section shall prevent a respondent from petitioning the court pursuant to RCW 13.50.050(11) if the respondent has paid the full restitution amount stated in the court's order and has met the statutory criteria.

      (f) If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution.  ((For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday.  Prior to the expiration of the ten-year period, the juvenile court may extend the judgment for the payment of restitution for an additional ten years.))

(g) At any time, the court may determine that the respondent is not required to pay, or may relieve the respondent of the requirement to pay, full or partial restitution to any insurance provider authorized under Title 48 RCW if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution to the insurance provider and could not reasonably acquire the means to pay the insurance provider the restitution over a ten-year period.

      (2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW.  If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order.  Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

      (3) If an order includes restitution as one of the monetary assessments, the county Clerk shall make disbursements to victims named in the order.  The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

      (4) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged.  "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.

(5) A respondent under obligation to pay restitution may petition the court for modification of the restitution order."

Correct the title.

 

Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green and O'Brien.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Herrera and Walsh.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6214            Prime Sponsor, Committee on Government Operations & Elections: Restructuring three growth management hearings boards into one board.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 36.70A.110 and 2009 c 342 s 1 and 2009 c 121 s 1 are each reenacted and amended to read as follows:

      (1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature.  Each city that is located in such a county shall be included within an urban growth area.  An urban growth area may include more than a single city.  An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.

      (2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a national historical reserve.  As part of this planning process, each city within the county must include areas sufficient to accommodate the broad range of needs and uses that will accompany the projected urban growth including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses.

      Each urban growth area shall permit urban densities and shall include greenbelt and open space areas.  In the case of urban growth areas contained totally within a national historical reserve, the city may restrict densities, intensities, and forms of urban growth as determined to be necessary and appropriate to protect the physical, cultural, or historic integrity of the reserve.  An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses.  In determining this market factor, cities and counties may consider local circumstances.  Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.

      Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area.  Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries.  The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located.  If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area.  A city may object formally with the department over the designation of the urban growth area within which it is located.  Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.

      (3) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas.  Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350.

      (4) In general, cities are the units of local government most appropriate to provide urban governmental services.  In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development.

      (5) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter.  Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter.  Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and under this section.  Such action may be appealed to the ((appropriate)) growth management hearings board under RCW 36.70A.280.  Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.

      (6) Each county shall include designations of urban growth areas in its comprehensive plan.

      (7) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county.

      (8)(a) Except as provided in (b) of this subsection, the expansion of an urban growth area is prohibited into the one hundred year floodplain of any river or river segment that:  (i) Is located west of the crest of the Cascade mountains; and (ii) has a mean annual flow of one thousand or more cubic feet per second as determined by the department of ecology.

      (b) Subsection (8)(a) of this section does not apply to:

      (i) Urban growth areas that are fully contained within a floodplain and lack adjacent buildable areas outside the floodplain;

      (ii) Urban growth areas where expansions are precluded outside floodplains because:

      (A) Urban governmental services cannot be physically provided to serve areas outside the floodplain; or

      (B) Expansions outside the floodplain would require a river or estuary crossing to access the expansion; or

      (iii) Urban growth area expansions where:

      (A) Public facilities already exist within the floodplain and the expansion of an existing public facility is only possible on the land to be included in the urban growth area and located within the floodplain; or

      (B) Urban development already exists within a floodplain as of July 26, 2009, and is adjacent to, but outside of, the urban growth area, and the expansion of the urban growth area is necessary to include such urban development within the urban growth area; or

      (C) The land is owned by a jurisdiction planning under this chapter or the rights to the development of the land have been permanently extinguished, and the following criteria are met:

      (I) The permissible use of the land is limited to one of the following:  Outdoor recreation; environmentally beneficial projects, including but not limited to habitat enhancement or environmental restoration; storm water facilities; flood control facilities; or underground conveyances; and

      (II) The development and use of such facilities or projects will not decrease flood storage, increase storm water runoff, discharge pollutants to fresh or salt waters during normal operations or floods, or increase hazards to people and property.

      (c) For the purposes of this subsection (8), "one hundred year floodplain" means the same as "special flood hazard area" as set forth in WAC 173-158-040 as it exists on July 26, 2009.

Sec. 2.  RCW 36.70A.130 and 2009 c 479 s 23 are each amended to read as follows:

      (1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them.  Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section.

      (b) Except as otherwise provided, a county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section.  Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefor.

      (c) The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section.  The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.

      (d) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter.  Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.

      (2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year.  "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section or in accordance with the provisions of subsections (5) and (8) of this section.  Amendments may be considered more frequently than once per year under the following circumstances:

      (i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;

      (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW;

      (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget;

      (iv) Until June 30, 2006, the designation of recreational lands under RCW 36.70A.1701.  A county amending its comprehensive plan pursuant to this subsection (2)(a)(iv) may not do so more frequently than every eighteen months; and

      (v) The adoption of comprehensive plan amendments necessary to enact a planned action under RCW 43.21C.031(2), provided that amendments are considered in accordance with the public participation program established by the county or city under this subsection (2)(a) and all persons who have requested notice of a comprehensive plan update are given notice of the amendments and an opportunity to comment.

      (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained.  However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with ((a)) the growth management hearings board or with the court.

      (3)(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area.  In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.

      (b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.  The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.

      (4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter.  Except as provided in subsections (5) and (8) of this section, the schedule established by the department shall provide for the reviews and evaluations to be completed as follows:

      (a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;

      (b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;

      (c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and

      (d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.

      (5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section.  Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.

      (b) A county that is subject to a schedule established by the department under subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the date established in the applicable schedule:  The county has a population of less than fifty thousand and has had its population increase by no more than seventeen percent in the ten years preceding the date established in the applicable schedule as of that date.

      (c) A city that is subject to a schedule established by the department under subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the date established in the applicable schedule:  The city has a population of no more than five thousand and has had its population increase by the greater of either no more than one hundred persons or no more than seventeen percent in the ten years preceding the date established in the applicable schedule as of that date.

      (d) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.

      (6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section.  Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.

      (7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1).  Only those counties and cities:  (a) Complying with the schedules in this section; (b) demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas; or (c) complying with the extension provisions of subsection (5)(b) or (c) of this section may receive grants, loans, pledges, or financial guarantees under chapter 43.155 or 70.146 RCW.  A county or city that is fewer than twelve months out of compliance with the schedules in this section for development regulations that protect critical areas is making substantial progress towards compliance.  Only those counties and cities in compliance with the schedules in this section may receive preference for grants or loans subject to the provisions of RCW 43.17.250.

      (8) Except as provided in subsection (5)(b) and (c) of this section:

      (a) Counties and cities required to satisfy the requirements of this section according to the schedule established by subsection (4)(b) through (d) of this section may comply with the requirements of this section for development regulations that protect critical areas one year after the dates established in subsection (4)(b) through (d) of this section;

      (b) Counties and cities complying with the requirements of this section one year after the dates established in subsection (4)(b) through (d) of this section for development regulations that protect critical areas shall be deemed in compliance with the requirements of this section; and

      (c) This subsection (8) applies only to the counties and cities specified in subsection (4)(b) through (d) of this section, and only to the requirements of this section for development regulations that protect critical areas that must be satisfied by December 1, 2005, December 1, 2006, and December 1, 2007.

      (9) Notwithstanding subsection (8) of this section and the substantial progress provisions of subsections (7) and (10) of this section, only those counties and cities complying with the schedule in subsection (4) of this section, or the extension provisions of subsection (5)(b) or (c) of this section, may receive preferences for grants, loans, pledges, or financial guarantees under chapter 43.155 or 70.146 RCW.

      (10) Until December 1, 2005, and notwithstanding subsection (7) of this section, a county or city subject to the time periods in subsection (4)(a) of this section demonstrating substantial progress towards compliance with the schedules in this section for its comprehensive land use plan and development regulations may receive grants, loans, pledges, or financial guarantees under chapter 43.155 or 70.146 RCW.  A county or city that is fewer than twelve months out of compliance with the schedules in this section for its comprehensive land use plan and development regulations is deemed to be making substantial progress towards compliance.

Sec. 3.  RCW 36.70A.172 and 1995 c 347 s 105 are each amended to read as follows:

      (1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas.  In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.

      (2) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, ((a)) the growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.

Sec. 4.  RCW 36.70A.250 and 1994 c 249 s 29 are each amended to read as follows:

      (((1) There are hereby created three growth management hearings boards for the state of Washington.  The boards shall be established as follows:

      (a) An Eastern Washington board with jurisdictional boundaries including all counties that are required to or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains;

      (b) A Central Puget Sound board with jurisdictional boundaries including King, Pierce, Snohomish, and Kitsap counties; and

      (c) A Western Washington board with jurisdictional boundaries including all counties that are required or choose to plan under RCW 36.70A.040 and are located west of the crest of the Cascade mountains and are not included in the Central Puget Sound board jurisdictional boundaries.  Skamania county, should it be required or choose to plan under RCW 36.70A.040, may elect to be included within the jurisdictional boundaries of either the Western or Eastern board.

      (2) Each board shall only hear matters pertaining to the cities and counties located within its jurisdictional boundaries.)) (1) A growth management hearings board for the state of Washington is created.  The board shall consist of seven members qualified by experience or training in matters pertaining to land use law or land use planning and who have experience in the practical application of those matters.  All seven board members shall be appointed by the governor, two each residing respectively in the Central Puget Sound, Eastern Washington, and Western Washington regions, plus one board member residing within the state of Washington.  At least three members of the board shall be admitted to practice law in this state, one each residing respectively in the Central Puget Sound, Eastern Washington, and Western Washington regions.  At least three members of the board shall have been a city or county elected official, one each residing respectively in the Central Puget Sound, Eastern Washington, and Western Washington regions.  After expiration of the terms of board members on the previously existing three growth management hearings boards, no more than four members of the seven-member board may be members of the same major political party.  No more than two members at the time of their appointment or during their term may reside in the same county.

      (2) Each member of the board shall be appointed for a term of six years.  A vacancy shall be filled by appointment by the governor for the unexpired portion of the term in which the vacancy occurs.  Members of the previously existing three growth management hearings boards appointed before the effective date of this section shall complete their staggered, six-year terms as members of the growth management hearings board created under subsection (1) of this section.  The reduction from nine board members on the previously existing three growth management hearings boards to seven total members on the growth management hearings board shall be made through attrition, voluntary resignation, or retirement.

Sec. 5.  RCW 36.70A.260 and 1994 c 249 s 30 are each amended to read as follows:

      (((1) Each growth management hearings board shall consist of three members qualified by experience or training in matters pertaining to land use planning and residing within the jurisdictional boundaries of the applicable board.  At least one member of each board must be admitted to practice law in this state and at least one member must have been a city or county elected official.  Each board shall be appointed by the governor and not more than two members at the time of appointment or during their term shall be members of the same political party.  No more than two members at the time of appointment or during their term shall reside in the same county.

      (2) Each member of a board shall be appointed for a term of six years.  A vacancy shall be filled by appointment by the governor for the unexpired portion of the term in which the vacancy occurs.  The terms of the first three members of a board shall be staggered so that one member is appointed to serve until July 1, 1994, one member until July 1, 1996, and one member until July 1, 1998.)) (1) Each petition for review that is filed with the growth management hearings board shall be heard and decided by a regional panel of growth management hearings board members.  Regional panels shall be constituted as follows:

      (a) Central Puget Sound Region.  A three-member Central Puget Sound panel shall be selected to hear matters pertaining to cities and counties located within the region comprised of King, Pierce, Snohomish, and Kitsap counties.

      (b) Eastern Washington Region.  A three-member Eastern Washington panel shall be selected to hear matters pertaining to cities and counties that are required or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains.

      (c) Western Washington Region.  A three-member Western Washington panel shall be selected to hear matters pertaining to cities and counties that are required or choose to plan under RCW 36.70A.040, are located west of the crest of the Cascade mountains, and are not included in the Central Puget Sound Region.  Skamania county, if it is required or chooses to plan under RCW 36.70A.040, may elect to be included within either the Western Washington Region or the Eastern Washington Region.

      (2)(a) Each regional panel selected to hear and decide cases shall consist of three board members, at least a majority of whom shall reside within the region in which the case arose, unless such members cannot sit on a particular case because of recusal or disqualification, or unless the board administrative officer determines that there is an emergency including, but not limited to, the unavailability of a board member due to illness, absence, vacancy, or significant workload imbalance.  The presiding officer of each case shall reside within the region in which the case arose, unless the board administrative officer determines that there is an emergency.

      (b) Except as provided otherwise in this subsection (2)(b), each regional panel must:  (i) Include one member admitted to practice law in this state; (ii) include one member who has been a city or county elected official; and (iii) reflect the political composition of the board.  The requirements of this subsection (2)(b) may be waived by the board administrative officer due to member unavailability, significant workload imbalances, or other reasons.

Sec. 6.  RCW 36.70A.270 and 1997 c 429 s 11 are each amended to read as follows:

      ((Each)) The growth management hearings board shall be governed by the following rules on conduct and procedure:

      (1) Any board member may be removed for inefficiency, malfeasance, and misfeasance in office, under specific written charges filed by the governor.  The governor shall transmit such written charges to the member accused and the chief justice of the supreme court.  The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges.  Removal of any member of ((a)) the board by the tribunal shall disqualify such member for reappointment.

      (2) Each board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060.  ((If it is determined that the review boards shall operate on a full-time basis,)) Each member shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040.  ((If it is determined that a review board shall operate on a part-time basis, each member shall receive compensation pursuant to RCW 43.03.250, provided such amount shall not exceed the amount that would be set if they were a full-time board member.))  The principal office of ((each)) the board shall be located ((by the governor within the jurisdictional boundaries of each board.  The boards shall operate on either a part-time or full-time basis, as determined by the governor)) in Olympia.

      (3) Each board member shall not:  (a) Be a candidate for or hold any other public office or trust; (b) engage in any occupation or business interfering with or inconsistent with his or her duty as a board member; and (c) for a period of one year after the termination of his or her board membership, act in a representative capacity before the board on any matter.

      (4) A majority of ((each)) the board shall constitute a quorum for ((making orders or decisions,)) adopting rules necessary for the conduct of its powers and duties((,)) or transacting other official business, and may act even though one position of the board is vacant.  One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board.  The board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.

      (5) The board may appoint one or more hearing examiners to assist the board in its hearing function, to make conclusions of law and findings of fact and, if requested by the board, to make recommendations to the board for decisions in cases before the board.  Such hearing examiners must have demonstrated knowledge of land use planning and law.  The board((s)) shall specify in ((their joint)) its rules of practice and procedure, as required by subsection (7) of this section, the procedure and criteria to be employed for designating hearing examiners as a presiding officer.  Hearing examiners selected by ((a)) the board shall meet the requirements of subsection (3) of this section.  The findings and conclusions of the hearing examiner shall not become final until they have been formally approved by the board.  This authorization to use hearing examiners does not waive the requirement of RCW 36.70A.300 that final orders be issued within one hundred eighty days of board receipt of a petition.

      (6) ((Each)) The board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decision shall be effective upon being signed by two or more members of the ((board)) regional panel deciding the particular case and upon being filed at the board's principal office, and shall be open for public inspection at all reasonable times.

      (7) All proceedings before the board, any of its members, or a hearing examiner appointed by the board shall be conducted in accordance with such administrative rules of practice and procedure as the board((s jointly)) prescribes.  ((All three)) The board((s)) shall ((jointly meet to)) develop and adopt ((joint)) rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals and the assignment of cases to regional panels.  The board((s)) shall publish such rules and decisions ((they)) it renders and arrange for the reasonable distribution of the rules and decisions.  Except as it conflicts with specific provisions of this chapter, the administrative procedure act, chapter 34.05 RCW, and specifically including the provisions of RCW 34.05.455 governing ex parte communications, shall govern the practice and procedure of the board((s)).

      (8) A board member or hearing examiner is subject to disqualification under chapter 34.05 RCW.  The ((joint)) rules of practice of the board((s)) shall establish procedures by which a party to a hearing conducted before the board may file with the board a motion to disqualify, with supporting affidavit, against a board member or hearing examiner assigned to preside at the hearing.

      (9) ((The)) All members of the board((s)) shall meet ((jointly)) on at least an annual basis with the objective of sharing information that promotes the goals and purposes of this chapter.

(10) The board shall annually elect one of its members to be the board administrative officer.  The duties and responsibilities of the administrative officer include handling day-to-day administrative, budget, and personnel matters on behalf of the board, together with making case assignments to board members in accordance with the board's rules of procedure in order to achieve a fair and balanced workload among all board members.  The administrative officer of the board may carry a reduced caseload to allow time for performing the administrative work functions.

Sec. 7.  RCW 36.70A.280 and 2008 c 289 s 5 are each amended to read as follows:

      (1) ((A)) The growth management hearings board shall hear and determine only those petitions alleging either:

      (a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW.  Nothing in this subsection authorizes ((a)) the board to hear petitions alleging noncompliance with RCW 36.70A.5801; or

      (b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.

      (2) A petition may be filed only by:  (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.

      (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.

      (4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.

      (5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, ((a)) the board shall consider the implications of any such adjustment to the population forecast for the entire state.

      The rationale for any adjustment that is adopted by ((a)) the board must be documented and filed with the office of financial management within ten working days after adoption.

      If adjusted by ((a)) the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as ((a)) the "board adjusted population projection."  None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

Sec. 8.  RCW 36.70A.290 and 1997 c 429 s 12 are each amended to read as follows:

      (1) All requests for review to ((a)) the growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.  The board shall render written decisions articulating the basis for its holdings.  The board shall not issue advisory opinions on issues not presented to the board in the statement of issues, as modified by any prehearing order.

      (2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city.

      (a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.

      (b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

      Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

      (c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government's shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.  For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.

      (3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, or the parties have filed an agreement to have the case heard in superior court as provided in RCW 36.70A.295, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.

      (4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.

      (5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.

Sec. 9.  RCW 36.70A.295 and 1997 c 429 s 13 are each amended to read as follows:

      (1) The superior court may directly review a petition for review filed under RCW 36.70A.290 if all parties to the proceeding before the board have agreed to direct review in the superior court.  The agreement of the parties shall be in writing and signed by all of the parties to the proceeding or their designated representatives.  The agreement shall include the parties' agreement to proper venue as provided in RCW 36.70A.300(5).  The parties shall file their agreement with the board within ten days after the date the petition is filed, or if multiple petitions have been filed and the board has consolidated the petitions pursuant to RCW 36.70A.300, within ten days after the board serves its order of consolidation.

      (2) Within ten days of receiving the timely and complete agreement of the parties, the board shall file a certificate of agreement with the designated superior court and shall serve the parties with copies of the certificate.  The superior court shall obtain exclusive jurisdiction over a petition when it receives the certificate of agreement.  With the certificate of agreement the board shall also file the petition for review, any orders entered by the board, all other documents in the board's files regarding the action, and the written agreement of the parties.

      (3) For purposes of a petition that is subject to direct review, the superior court's subject matter jurisdiction shall be equivalent to that of the board.  Consistent with the requirements of the superior court civil rules, the superior court may consolidate a petition subject to direct review under this section with a separate action filed in the superior court.

      (4)(a) Except as otherwise provided in (b) and (c) of this subsection, the provisions of RCW 36.70A.280 through 36.70A.330, which specify the nature and extent of board review, shall apply to the superior court's review.

      (b) The superior court:

      (i) Shall not have jurisdiction to directly review or modify an office of financial management population projection;

      (ii) Except as otherwise provided in RCW 36.70A.300(2)(b), shall render its decision on the petition within one hundred eighty days of receiving the certification of agreement; and

      (iii) Shall give a compliance hearing under RCW 36.70A.330(2) the highest priority of all civil matters before the court.

      (c) An aggrieved party may secure appellate review of a final judgment of the superior court under this section by the supreme court or the court of appeals.  The review shall be secured in the manner provided by law for review of superior court decisions in other civil cases.

      (5) If, following a compliance hearing, the court finds that the state agency, county, or city is not in compliance with the court's prior order, the court may use its remedial and contempt powers to enforce compliance.

      (6) The superior court shall transmit a copy of its decision and order on direct review to the board, the department, and the governor.  If the court has determined that a county or city is not in compliance with the provisions of this chapter, the governor may impose sanctions against the county or city in the same manner as if ((a)) the board had recommended the imposition of sanctions as provided in RCW 36.70A.330.

      (7) After the court has assumed jurisdiction over a petition for review under this section, the superior court civil rules shall govern a request for intervention and all other procedural matters not specifically provided for in this section.

Sec. 10.  RCW 36.70A.302 and 1997 c 429 s 16 are each amended to read as follows:

      (1) ((A)) The board may determine that part or all of a comprehensive plan or development regulations are invalid if the board:

      (a) Makes a finding of noncompliance and issues an order of remand under RCW 36.70A.300;

      (b) Includes in the final order a determination, supported by findings of fact and conclusions of law, that the continued validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and

      (c) Specifies in the final order the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.

      (2) A determination of invalidity is prospective in effect and does not extinguish rights that vested under state or local law before receipt of the board's order by the city or county.  The determination of invalidity does not apply to a completed development permit application for a project that vested under state or local law before receipt of the board's order by the county or city or to related construction permits for that project.

      (3)(a) Except as otherwise provided in subsection (2) of this section and (b) of this subsection, a development permit application not vested under state or local law before receipt of the board's order by the county or city vests to the local ordinance or resolution that is determined by the board not to substantially interfere with the fulfillment of the goals of this chapter.

      (b) Even though the application is not vested under state or local law before receipt by the county or city of the board's order, a determination of invalidity does not apply to a development permit application for:

      (i) A permit for construction by any owner, lessee, or contract purchaser of a single‑family residence for his or her own use or for the use of his or her family on a lot existing before receipt by the county or city of the board's order, except as otherwise specifically provided in the board's order to protect the public health and safety;

      (ii) A building permit and related construction permits for remodeling, tenant improvements, or expansion of an existing structure on a lot existing before receipt of the board's order by the county or city; and

      (iii) A boundary line adjustment or a division of land that does not increase the number of buildable lots existing before receipt of the board's order by the county or city.

      (4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (1) of this section whether the prior policies or regulations are valid during the period of remand.

      (5) A county or city subject to a determination of invalidity may adopt interim controls and other measures to be in effect until it adopts a comprehensive plan and development regulations that comply with the requirements of this chapter.  A development permit application may vest under an interim control or measure upon determination by the board that the interim controls and other measures do not substantially interfere with the fulfillment of the goals of this chapter.

      (6) A county or city subject to a determination of invalidity may file a motion requesting that the board clarify, modify, or rescind the order.  The board shall expeditiously schedule a hearing on the motion.  At the hearing on the motion, the parties may present information to the board to clarify the part or parts of the comprehensive plan or development regulations to which the final order applies.  The board shall issue any supplemental order based on the information provided at the hearing not later than thirty days after the date of the hearing.

      (7)(a) If a determination of invalidity has been made and the county or city has enacted an ordinance or resolution amending the invalidated part or parts of the plan or regulation or establishing interim controls on development affected by the order of invalidity, after a compliance hearing, the board shall modify or rescind the determination of invalidity if it determines under the standard in subsection (1) of this section that the plan or regulation, as amended or made subject to such interim controls, will no longer substantially interfere with the fulfillment of the goals of this chapter.

      (b) If the board determines that part or parts of the plan or regulation are no longer invalid as provided in this subsection, but does not find that the plan or regulation is in compliance with all of the requirements of this chapter, the board, in its order, may require periodic reports to the board on the progress the jurisdiction is making towards compliance.

Sec. 11.  RCW 36.70A.310 and 1994 c 249 s 32 are each amended to read as follows:

      A request for review by the state to ((a)) the growth management hearings board may be made only by the governor, or with the governor's consent the head of an agency, or by the commissioner of public lands as relating to state trust lands, for the review of whether:  (1) A county or city that is required or chooses to plan under RCW 36.70A.040 has failed to adopt a comprehensive plan or development regulations, or county-wide planning policies within the time limits established by this chapter; or (2) a county or city that is required or chooses to plan under this chapter has adopted a comprehensive plan, development regulations, or county-wide planning policies, that are not in compliance with the requirements of this chapter.

Sec. 12.  RCW 36.70A.3201 and 1997 c 429 s 2 are each amended to read as follows:

      ((In amending RCW 36.70A.320(3) by section 20(3), chapter 429, Laws of 1997,)) The legislature intends that the board((s apply)) applies a more deferential standard of review to actions of counties and cities than the preponderance of the evidence standard provided for under existing law.  In recognition of the broad range of discretion that may be exercised by counties and cities consistent with the requirements of this chapter, the legislature intends for the board((s)) to grant deference to counties and cities in how they plan for growth, consistent with the requirements and goals of this chapter.  Local comprehensive plans and development regulations require counties and cities to balance priorities and options for action in full consideration of local circumstances.  The legislature finds that while this chapter requires local planning to take place within a framework of state goals and requirements, the ultimate burden and responsibility for planning, harmonizing the planning goals of this chapter, and implementing a county's or city's future rests with that community.

Sec. 13.  RCW 36.70A.345 and 1994 c 249 s 33 are each amended to read as follows:

      The governor may impose a sanction or sanctions specified under RCW 36.70A.340 on:  (1) A county or city that fails to designate critical areas, agricultural lands, forest lands, or mineral resource lands under RCW 36.70A.170 by the date such action was required to have been taken; (2) a county or city that fails to adopt development regulations under RCW 36.70A.060 protecting critical areas or conserving agricultural lands, forest lands, or mineral resource lands by the date such action was required to have been taken; (3) a county that fails to designate urban growth areas under RCW 36.70A.110 by the date such action was required to have been taken; and (4) a county or city that fails to adopt its comprehensive plan or development regulations when such actions are required to be taken.

      Imposition of a sanction or sanctions under this section shall be preceded by written findings by the governor, that either the county or city is not proceeding in good faith to meet the requirements of the act; or that the county or city has unreasonably delayed taking the required action.  The governor shall consult with and communicate his or her findings to the ((appropriate)) growth management hearings board prior to imposing the sanction or sanctions.  For those counties or cities that are not required to plan or have not opted in, the governor in imposing sanctions shall consider the size of the jurisdiction relative to the requirements of this chapter and the degree of technical and financial assistance provided.

Sec. 14.  RCW 90.58.190 and 2003 c 321 s 4 are each amended to read as follows:

      (1) The appeal of the department's decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(5) is governed by RCW 34.05.510 through 34.05.598.

      (2)(a) The department's decision to approve, reject, or modify a proposed master program or amendment adopted by a local government planning under RCW 36.70A.040 shall be appealed to the growth management hearings board ((with jurisdiction over the local government)).  The appeal shall be initiated by filing a petition as provided in RCW 36.70A.250 through 36.70A.320.

      (b) If the appeal to the growth management hearings board concerns shorelines, the growth management hearings board shall review the proposed master program or amendment solely for compliance with the requirements of this chapter, the policy of RCW 90.58.020 and the applicable guidelines, the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105, and chapter 43.21C RCW as it relates to the adoption of master programs and amendments under chapter 90.58 RCW.

      (c) If the appeal to the growth management hearings board concerns a shoreline of statewide significance, the board shall uphold the decision by the department unless the board, by clear and convincing evidence, determines that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.

      (d) The appellant has the burden of proof in all appeals to the growth management hearings board under this subsection.

      (e) Any party aggrieved by a final decision of ((a)) the growth management hearings board under this subsection may appeal the decision to superior court as provided in RCW 36.70A.300.

      (3)(a) The department's decision to approve, reject, or modify a proposed master program or master program amendment by a local government not planning under RCW 36.70A.040 shall be appealed to the shorelines hearings board by filing a petition within thirty days of the date of the department's written notice to the local government of the department's decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).

      (b) In an appeal relating to shorelines, the shorelines hearings board shall review the proposed master program or master program amendment and, after full consideration of the presentations of the local government and the department, shall determine the validity of the local government's master program or amendment in light of the policy of RCW 90.58.020 and the applicable guidelines.

      (c) In an appeal relating to shorelines of statewide significance, the shorelines hearings board shall uphold the decision by the department unless the board determines, by clear and convincing evidence that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.

      (d) Review by the shorelines hearings board shall be considered an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act.  The aggrieved local government shall have the burden of proof in all such reviews.

      (e) Whenever possible, the review by the shorelines hearings board shall be heard within the county where the land subject to the proposed master program or master program amendment is primarily located.  The department and any local government aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in chapter 34.05 RCW.

      (4) A master program amendment shall become effective after the approval of the department or after the decision of the shorelines hearings board to uphold the master program or master program amendment, provided that the board may remand the master program or master program adjustment to the local government or the department for modification prior to the final adoption of the master program or master program amendment.

Sec. 15.  RCW 34.05.518 and 2003 c 393 s 16 are each amended to read as follows:

      (1) The final decision of an administrative agency in an adjudicative proceeding under this chapter may, except as otherwise provided in chapter 43.21L RCW, be directly reviewed by the court of appeals either (a) upon certification by the superior court pursuant to this section or (b) if the final decision is from an environmental board as defined in subsection (3) of this section, upon acceptance by the court of appeals after a certificate of appealability has been filed by the environmental board that rendered the final decision.

      (2) For direct review upon certification by the superior court, an application for direct review must be filed with the superior court within thirty days of the filing of the petition for review in superior court.  The superior court may certify a case for direct review only if the judicial review is limited to the record of the agency proceeding and the court finds that:

      (a) Fundamental and urgent issues affecting the future administrative process or the public interest are involved which require a prompt determination;

      (b) Delay in obtaining a final and prompt determination of such issues would be detrimental to any party or the public interest;

      (c) An appeal to the court of appeals would be likely regardless of the determination in superior court; and

      (d) The appellate court's determination in the proceeding would have significant precedential value.

      Procedures for certification shall be established by court rule.

      (3)(a) For the purposes of direct review of final decisions of environmental boards, environmental boards include those boards identified in RCW 43.21B.005 and the growth management hearings board((s)) as identified in RCW 36.70A.250.

      (b) An environmental board may issue a certificate of appealability if it finds that delay in obtaining a final and prompt determination of the issues would be detrimental to any party or the public interest and either:

      (i) Fundamental and urgent statewide or regional issues are raised; or

      (ii) The proceeding is likely to have significant precedential value.

      (4) The environmental board shall state in the certificate of appealability which criteria it applied, explain how that criteria was met, and file with the certificate a copy of the final decision.

      (5) For an appellate court to accept direct review of a final decision of an environmental board, it shall consider the same criteria outlined in subsection (3) of this section, except as otherwise provided in chapter 43.21L RCW.

      (6) The procedures for direct review of final decisions of environmental boards include:

      (a) Within thirty days after filing the petition for review with the superior court, a party may file an application for direct review with the superior court and serve the appropriate environmental board and all parties of record.  The application shall request the environmental board to file a certificate of appealability.

      (b) If an issue on review is the jurisdiction of the environmental board, the board may file an application for direct review on that issue.

      (c) The environmental board shall have thirty days to grant or deny the request for a certificate of appealability and its decision shall be filed with the superior court and served on all parties of record.

      (d) If a certificate of appealability is issued, the parties shall have fifteen days from the date of service to file a notice of discretionary review in the superior court, and the notice shall include a copy of the certificate of appealability and a copy of the final decision.

      (e) If the appellate court accepts review, the certificate of appealability shall be transmitted to the court of appeals as part of the certified record.

      (f) If a certificate of appealability is denied, review shall be by the superior court.  The superior court's decision may be appealed to the court of appeals.

Sec. 16.  RCW 34.12.020 and 2002 c 354 s 226 are each amended to read as follows:

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

      (1) "Office" means the office of administrative hearings.

      (2) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.

      (3) "Hearing" means an adjudicative proceeding within the meaning of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.

      (4) "State agency" means any state board, commission, department, or officer authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the growth management hearings board((s)), the utilities and transportation commission, the pollution control hearings board, the shorelines hearings board, the forest practices appeals board, the environmental hearings office, the board of industrial insurance appeals, the Washington personnel resources board, the public employment relations commission, and the board of tax appeals.

NEW SECTION.  Sec. 17.  (1) The three growth management hearings boards are abolished and their powers, duties, and functions are transferred to the growth management hearings board.

      (2) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the three growth management hearings boards must be delivered to the custody of the growth management hearings board.  All office furnishings, office equipment, motor vehicles, and other tangible property in the possession of the three growth management hearings boards must be made available to the growth management hearings board.

      (3) All funds, credits, or other assets held by the three growth management hearings boards must, on the effective date of this section, be transferred to the growth management hearings board.  Any appropriations made to the three growth management hearings boards must, on the effective date of this section, be transferred and credited to the growth management hearings board.  If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (4) All employees of the three growth management hearings boards are transferred to the growth management hearings board.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the growth management hearings board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (5) This section may not be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the public employment relations commission as provided by law.

      (6) All rules and pending business before the three growth management hearings boards must be continued and acted upon by the growth management hearings board.  All existing contracts and obligations remain in full force and must be performed by the growth management hearings board.

      (7) The transfer of the powers, duties, functions, and personnel of the three growth management hearings boards to the growth management hearings board does not affect the validity of any act performed before the effective date of this section.

      (8) All cases decided and all orders previously issued by the three growth management hearings boards remain in full force and effect and are not affected by this act.

NEW SECTION.  Sec. 18.  This act takes effect July 1, 2010."

Correct the title.

 

Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Miloscia; Springer; Upthegrove; White and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan and Short.

 

Referred to Committee on General Government Appropriations.

 

February 23, 20100)

ESB 6240           Prime Sponsor, Senator Keiser: Regulating joint underwriting associations.  Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  Availability of insurance for loss arising from flooding in the geographical area protected by any dam is vital to the economy of the state of Washington.  If adequate property insurance for loss arising from this flood is not available, the security of citizens' property and the viability of business operations and services are threatened.  This chapter gives the commissioner authority to ensure continued availability of excess insurance to insure property at risk from, and business that is interrupted by, flood arising from the failure of a dam or from efforts to prevent the failure of a dam.  The commissioner may establish a temporary joint underwriting association for excess flood insurance to insure property at risk from, and business that is interrupted by, flood arising from the failure of a dam or from efforts to prevent the failure of a dam if:

      (1) Excess flood insurance of a particular class or type is not available from the voluntary market; or

      (2) There are so few insurers selling excess flood insurance that a competitive market does not exist.

      The commissioner may use appropriated funds as needed to establish and supervise the association.

NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Association" means a nonprofit underwriting association established under this chapter.

      (2) "Board" means the governing board of the association.

      (3) "Casualty insurance" has the same meaning as "general casualty insurance" in RCW 48.11.070.  "Casualty insurance" does not include any type of:

      (a) Workers' compensation insurance;

      (b) Employers' liability insurance;

      (c) Nuclear liability insurance;

      (d) Surety insurance; or

      (e) Personal insurance.

      (4) "Dam" means any United States army corps of engineers dam located in a county with a population that exceeds one million.

      (5) "Excess flood insurance" means insurance against loss, including business interruption, arising from flood that is in excess of the limit of liability insurance offered by the national flood insurance program.  Excess flood insurance does not include coverage for personal insurance.

      (6) "Person" means a natural person, association, partnership, or corporation.

      (7) "Personal insurance" means:

      (a) Private passenger automobile coverage;

      (b) Homeowner's coverage, including mobile homeowners,

      manufactured homeowners, condominium owners, and renter's coverage;

      (c) Dwelling property coverage;

      (d) Earthquake coverage for a residence or personal property;

      (e) Personal liability and theft coverage;

      (f) Personal inland marine coverage; and

      (g) Mechanical breakdown coverage for personal auto or home appliances.

      (8) "Property insurance" has the same meaning as in RCW 48.11.040 and does not include personal insurance or surety insurance.

NEW SECTION.  Sec. 3.  (1) The commissioner may create an association to provide excess flood insurance to insure property at risk from, and business that is interrupted by, flood arising from the failure of a dam or from efforts to prevent the failure of a dam if the requirements of this section are met.

      (2) The commissioner must hold a hearing under chapters 48.04 and 34.05 RCW before forming an association.

      (3) An association may not begin underwriting operations for excess flood or business interruption insurance until the commissioner finds that:

      (a) If a market assistance plan formed under section 15 of this act finds that there are fewer than four admitted or surplus lines insurers offering excess flood insurance, exclusive of personal insurance, then the market assistance plan is inadequate to insure property at risk from, and business that is interrupted by, flood arising from the failure of a dam or from efforts to prevent the failure of a dam;

      (b) Persons cannot buy excess flood insurance through the voluntary market; or

      (c) There are so few insurers selling excess flood insurance that a competitive market does not exist.

      (4) At a hearing to appeal the commissioner's finding that excess flood insurance is unavailable through the voluntary market or that a competitive market does not exist, the finding that four or more admitted or surplus lines insurers are offering excess flood insurance, exclusive of personal insurance, is prima facie evidence that a competitive market does exist.  A decision of the commissioner, finding that excess flood insurance is unavailable through the market assistance plan, voluntary market, or that a competitive market does not exist, may be appealed under chapters 48.04 and 34.05 RCW.

NEW SECTION.  Sec. 4.  (1) The association may offer policies only as follows:

      (a) The coverage of any one policy may not exceed five million dollars; and

      (b) The total amount of all coverage offered by the association may never exceed two hundred fifty million dollars.

      (2) The board, jointly with the commissioner, shall apportion policies within these limitations on an equitable basis.

NEW SECTION.  Sec. 5.  (1) If an association is formed, a person that is unable to obtain excess flood or business interruption insurance because it is unavailable in the voluntary market or because the market is not competitive is eligible to apply to an association for insurance.

      (2) The association may decline to insure particular persons that present an extraordinary risk because of the nature of their operations, property condition, past claims experience, or inadequate risk management.  However, the location of a property for which insurance is sought from the association must not, in and of itself, constitute an extraordinary risk.

      (3) Any decision to decline coverage must be sent to the applicant and include:

      (a) A statement of the actual reason for declination; and

      (b) A statement that the applicant may appeal the decision to the commissioner.

      (4) If the commissioner finds that the decision to decline coverage is not supported by the criteria in this section, the commissioner may require the association to provide coverage.

      (5) A decision of the commissioner to provide or to decline to provide coverage under this may be appealed under chapters 48.04 and 34.05 RCW.

NEW SECTION.  Sec. 6.  (1) The association is composed of all insurers that have a certificate of authority to write either casualty or property insurance, or both, in this state.  Every property or casualty insurer, or both, must be a member of the association as a condition of its authority to continue to transact business in this state.

      (2) The association has the general powers and limitations of a nonprofit corporation under chapter 24.03 RCW and of an insurance company under Title 48 RCW, as needed to transact its business.

      (3) To the extent consistent with this chapter, the association and its member insurers are "persons" under chapter 48.30 RCW.

NEW SECTION.  Sec. 7.  (1) A governing board shall administer the association.

      (2) The board and the commissioner shall work cooperatively to achieve the objectives of this chapter.

      (3) The board may select and employ one or more persons to manage the operations of an association.  Every managing person must be authorized to transact insurance in the state of Washington and have demonstrated expertise in excess flood insurance.  The board may employ any advisors that the board deems necessary.

      (4) The board must consist of seven persons appointed as set forth in this subsection.

      (a) Three board members must be member insurers appointed by each of the following three trade associations:  Property casualty insurers association of America, American insurance association, and national association of mutual insurance companies.  At least one of the three insurers on the board must be a domestic insurer.

      (b) Four board members must be residents of the state.  One is appointed by the insurance commissioner.  One is appointed by the King county council.  One is appointed by the association of Washington cities, to represent one or more of the following municipal governments:  Auburn, Kent, Renton, or Tukwila.  One is appointed by the board of directors of the center for advanced manufacturing Puget Sound.  None of the resident-appointees may be employed by, serve on the board of directors of, or have a substantial ownership interest in any insurer.

      (c) Original board members must be appointed to serve an initial term of three years and may be appointed for a second term.  Board members may serve consecutive terms.  Successor board members must be appointed as soon as possible subject to (a) and (b) of this subsection.

      (5) The commissioner shall notify the members of the board if he or she has information that any board member is dishonest, reckless, or incompetent or is failing to perform any duty of his or her office, and the board shall meet immediately to consider the matter.  The commissioner must receive notice of the time and place of this meeting.  If the board finds by a majority of the board members, with the accused board member not voting on this matter, that the commissioner's objection is well-founded, the accused board member shall be removed immediately.  The successor of a board member removed under this section must be appointed as soon as possible subject to subsection (4) of this section.

      (6) All members of the board shall conduct the business of the association in a manner that is in the interest of all policyholders of the association.  Board members stand in a fiduciary relationship to the association and must discharge their duties in good faith and with that diligence, care, and skill that ordinary, prudent persons would exercise under similar circumstances in a like position.

      (7) Each person serving on the board or any subcommittee thereof, each member insurer of the association, and each officer and employee of the association must be indemnified by the association against all costs and expenses actually and necessarily incurred by him, her, or it in connection with the defense of any action, suit, or proceeding in which he, she, or it is made a party by reason of his, her, or its being or having been a member of the board, or a member or officer or employee of the association, except in relation to matters as to which he, she, or it has been judged in such action, suit, or proceeding to be liable by reason of willful misconduct in the performance of his, her, or its duties as a member of the board, or member, officer, or employee of the association.  This indemnification is not exclusive of other rights as to which the member, officer, or employee may be entitled as a matter of law.

      (8) Board members may not receive any compensation, but may be reimbursed for all travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 8.  (1) The board must adopt a plan of operation within thirty days of its appointment.

      (2) The plan of operation may take effect only after it has been reviewed by the commissioner.  Any changes recommended by the commissioner must be either approved by a majority of the members of the board or a written statement of the board's reasons for rejection of any provision provided to the commissioner.  The commissioner may continue to consult with the board to arrive at a plan of operation that is approved by both the commissioner and the board, or the commissioner may accept the plan of operation of the board.  This process must conclude with a plan of operation accepted by the board within thirty days of the first board appointed under this act.

      (a) The plan of operation may be amended by agreement of a majority of the members of the board and the commissioner.

      (b) The association must use rates that are demonstrably sound as compared to accepted actuarial standards.   At the time of filing with the commissioner, the rates must be accompanied by an actuarial analysis.  The rates must comply with chapter 48.19 RCW and be approved by the commissioner.

NEW SECTION.  Sec. 9.  The association must file a statement annually with the commissioner that contains information about the association's transactions, financial condition, and operations during the preceding year.  The statement must be in the form and in a manner approved by the commissioner.  The association must maintain its records according to the accounting practices and procedures manual adopted by the national association of insurance commissioners.  The commissioner may require the association to furnish additional information if the commissioner considers it necessary to evaluate the scope, operation, and experience of the association.

NEW SECTION.  Sec. 10.  (1) The commissioner may examine the transactions, financial condition, and operations of the association when the commissioner finds it necessary in order to carry out the purposes of this chapter.  Except as set forth in subsections (2) and (3) of this section, each examination must be conducted in the manner prescribed for domestic insurance companies in chapter 48.03 or 48.37 RCW.

      (2) The commissioner is not required to examine any association on a prescribed cycle or schedule.

      (3) An association created under this chapter is responsible for the total costs of its financial and market conduct examinations.  RCW 48.03.060 (1) and (2) and 48.37.060(14) (a) and (b) are not applicable to the examination of an association created under this chapter.

NEW SECTION.  Sec. 11.  (1) The association is not a member of the guaranty fund created under chapter 48.32 RCW.  The guaranty fund, this state, and any political subdivisions are not responsible for losses sustained by the association.

      (2) The association is exempt from payment of all fees and all taxes levied by the state or any of its subdivisions, except taxes levied on real or personal property.

NEW SECTION.  Sec. 12.  (1) The association is funded by premiums paid by persons insured by the association.

      (a) All premiums for the association must be deposited into a fund or funds under management of the board.

      (b) Premiums must be used to pay claims, administrative costs, and other expenses of the association.

      (2) The association may assess its members to pay past and future financial obligations of the association, not funded by premiums.  Each member insurer must be assessed a proportionate share based on the sum of direct premiums earned in this state for all property insurance and casualty insurance.

      (3) If the association makes an assessment, an assessed insurer must pay the association within thirty days after it receives notice of the assessment.  If an insurer does not pay an assessment within thirty days after it receives notice of the assessment:

      (a) The assessment accrues interest at the maximum legal rate until it is paid in full.  The interest is paid to the association;

      (b) The association may collect the assessment in a civil action and must be awarded its attorneys' fees if it prevails;

      (c) The commissioner may suspend, revoke, or refuse to renew an insurer's certificate of authority; and

      (d) The commissioner may fine the insurer up to ten thousand dollars.

      (4) This section may be enforced under RCW 48.02.080.

NEW SECTION.  Sec. 13.  (1) The association may operate for a period of five years.  At the end of the five-year period, the association must be dissolved unless the legislature authorizes its continued operation.

      (2) If, at any time, the commissioner or the board of directors holds a hearing under chapters 48.04 and 34.05 RCW and determines that excess flood and business interruption insurance is available through a market assistance plan, in the voluntary market, or that a competitive market exists, the commissioner must order the association to end its underwriting operations.

      (3) If the commissioner or the board of directors orders the association to end all underwriting operations, the commissioner must supervise the dissolution of the association, including settlement of all financial and legal obligations and distribution of any remaining assets as follows:

      (a) If there has been an assessment on the members of the association, and after all creditors of the association are paid in full, then to the member insurers in a proportional manner and as determined by rule by the commissioner; or

      (b) If there has not been an assessment on the members of the association, or if there are funds remaining after distribution under (a) of this subsection and after all creditors of the association are paid in full, then to the policyholders in a proportional manner and as determined by rule by the commissioner.

NEW SECTION.  Sec. 14.  The commissioner may adopt all rules needed to implement and administer this chapter and to ensure the efficient operation of the association, including but not limited to rules:

      (1) Creating sample plans of operation for the assistance of the board;

      (2) Requiring or limiting certain policy provisions;

      (3) Containing the basis and method for assessing members for operation of the association; and

      (4) Establishing the order in which the assets of the association that is dissolved by the commissioner must be distributed.

NEW SECTION.  Sec. 15.  (1) The commissioner must by rule require insurers authorized to write property insurance in this state to form a market assistance plan to assist persons located in the geographical area protected by any dam that are unable to purchase excess flood or business interruption insurance in an adequate amount from either the admitted or nonadmitted market.

      (2) For the purpose of this section, a market assistance plan means a voluntary mechanism by insurers writing property insurance in this state in either the admitted or nonadmitted market to provide excess flood or business interruption insurance for a class of insurance as designated in writing to the plan by the commissioner.

      (3) The bylaws and method of operation of any market assistance plan must be approved by the commissioner prior to its operation.

      (4) A market assistance plan must have a minimum of twenty-five insurers willing to insure risks within the class designated by the commissioner.  If twenty-five insurers do not voluntarily agree to participate, the commissioner may require either property or property and casualty, or both, insurers to participate in a market assistance plan as a condition of continuing to do business in this state.  The commissioner must make this requirement to fulfill the quota of at least twenty-five insurers.  The commissioner must make his or her designation on the basis of the insurer's premium volume of property insurance in this state.

NEW SECTION.  Sec. 16.  The board and the commissioner shall report to the respective committees of the house of representatives and senate having jurisdiction over the insurance code by January 31, 2011, and each subsequent January 31st of each year that the association remains in existence.

Sec. 17.  RCW 48.15.040 and 1983 1st ex.s. c 32 s 4 are each amended to read as follows:

      If certain insurance coverages cannot be procured from authorized insurers, such coverages, hereinafter designated as "surplus lines," may be procured from unauthorized insurers subject to the following conditions:

      (1) The insurance must be procured through a licensed surplus line broker.

      (2) The insurance must not be procurable, after diligent effort has been made to do so from among a majority of the insurers authorized to transact that kind of insurance in this state.

      (3) Coverage shall not be procured from an unauthorized insurer for the purpose of securing a lower premium rate than would be accepted by any authorized insurer nor to secure any other competitive advantage.

      (4) The commissioner may by regulation establish the degree of effort required to comply with subsections (2) and (3) of this section.

      (5) At the time of the procuring of any such insurance an affidavit setting forth the facts referred to in subsections (2) and (3) of this section must be executed by the surplus line broker.  Such affidavit shall be filed with the commissioner within thirty days after the insurance is procured.

(6) For purposes of chapter 48.-- RCW (the new chapter created in section 18 of this act), a joint underwriting association established or authorized by the legislature is not an authorized insurer.

NEW SECTION.  Sec. 18.  Sections 1 through 16 of this act constitute a new chapter in Title 48 RCW.

NEW SECTION.  Sec. 19.  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.

NEW SECTION.  Sec. 20.  This act expires December 31, 2016."

Correct the title.

 

Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Bailey, Ranking Minority Member; Hurst; McCoy; Nelson; Roach; Santos and Simpson.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Parker, Assistant Ranking Minority Member and Rodne.

 

Referred to Committee on General Government Appropriations.

 

February 22, 20100)

ESSB 6241         Prime Sponsor, Committee on Economic Development, Trade & Innovation: Creating community facilities districts.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Chase; Liias; Moeller; Parker and Probst.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Smith, Ranking Minority Member and Orcutt.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SSB 6251            Prime Sponsor, Committee on Financial Institutions, Housing & Insurance: Concerning nonresident surplus line brokers and insurance producers.  Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Bailey, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Hurst; McCoy; Nelson; Roach; Rodne; Santos and Simpson.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6271            Prime Sponsor, Committee on Transportation: Concerning annexations by cities and code cities located within the boundaries of a regional transit authority.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Miloscia; Springer; Upthegrove; White and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan and Short.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SB 6279              Prime Sponsor, Senator Kline: Clarifying regional transit authority facilities as essential public facilities.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Simpson, Chair; Nelson, Vice Chair; DeBolt, Assistant Ranking Minority Member; Fagan; Miloscia; Springer; White and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Angel, Ranking Minority Member; Short and Upthegrove.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

ESSB 6286         Prime Sponsor, Committee on Judiciary: Concerning the liability and powers of cities and flood control zone districts. (REVISED FOR ENGROSSED: Concerning the liability and powers of cities, diking districts, and flood control zone districts. )  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

2SSB 6316          Prime Sponsor, Committee on Ways & Means: Addressing the coordination between local law enforcement and the department of corrections.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green; Herrera; O'Brien and Walsh.

 

Referred to Committee on General Government Appropriations.

 

February 22, 20100)

SSB 6337            Prime Sponsor, Committee on Human Services & Corrections: Concerning inmate savings accounts.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green; Herrera; O'Brien and Walsh.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SSB 6341            Prime Sponsor, Committee on Agriculture & Rural Economic Development: Transferring food assistance programs to the department of agriculture.  Reported by Committee on General Government Appropriations

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Darneille, Chair; Takko, Vice Chair; McCune, Ranking Minority Member; Armstrong, Assistant Ranking Minority Member; Blake; Kenney; Klippert; Pedersen; Sells; Short and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Dunshee and Hudgins.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SSB 6371            Prime Sponsor, Committee on Financial Institutions, Housing & Insurance: Concerning money transmitters.  Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Bailey, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Hurst; McCoy; Nelson; Roach; Rodne; Santos and Simpson.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6395            Prime Sponsor, Committee on Judiciary: Addressing lawsuits aimed at chilling the valid exercise of the constitutional rights of speech and petition.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6414            Prime Sponsor, Committee on Human Services & Corrections: Improving the administration and efficiency of sex and kidnapping offender registration.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Darneille; Green and O'Brien.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Dammeier, Ranking Minority Member; Herrera and Walsh.

 

Referred to Committee on Ways & Means.

 

February 22, 20100)

SB 6418              Prime Sponsor, Senator Marr: Regarding cities and towns annexed to fire protection districts.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Angel, Ranking Minority Member; Miloscia; Short; Springer; Upthegrove; White and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives DeBolt, Assistant Ranking Minority Member and Fagan.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SB 6450              Prime Sponsor, Senator Eide: Requiring the department of licensing to establish continuing education requirements for court reporters.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6459            Prime Sponsor, Committee on Financial Institutions, Housing & Insurance: Concerning the inspection of rental properties.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass as amended.

 

      Strike everything after the enacting clause and insert the following:

      "Sec. 1.  RCW 59.18.030 and 2008 c 278 s 12 are each amended to read as follows:

      As used in this chapter:

      (1) "Distressed home" has the same meaning as in RCW 61.34.020.

      (2) "Distressed home conveyance" has the same meaning as in RCW 61.34.020.

      (3) "Distressed home purchaser" has the same meaning as in RCW 61.34.020.

      (4) "Dwelling unit" is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single family residences and units of multiplexes, apartment buildings, and mobile homes.

      (5) "In danger of foreclosure" means any of the following:

      (a) The homeowner has defaulted on the mortgage and, under the terms of the mortgage, the mortgagee has the right to accelerate full payment of the mortgage and repossess, sell, or cause to be sold the property;

      (b) The homeowner is at least thirty days delinquent on any loan that is secured by the property; or

      (c) The homeowner has a good faith belief that he or she is likely to default on the mortgage within the upcoming four months due to a lack of funds, and the homeowner has reported this belief to:

      (i) The mortgagee;

      (ii) A person licensed or required to be licensed under chapter 19.134 RCW;

      (iii) A person licensed or required to be licensed under chapter 19.146 RCW;

      (iv) A person licensed or required to be licensed under chapter 18.85 RCW;

      (v) An attorney-at-law;

      (vi) A mortgage counselor or other credit counselor licensed or certified by any federal, state, or local agency; or

      (vii) Any other party to a distressed property conveyance.

      (6) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the landlord.

      (7) "Mortgage" is used in the general sense and includes all instruments, including deeds of trust, that are used to secure an obligation by an interest in real property.

      (8) "Person" means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity.

      (9) "Owner" means one or more persons, jointly or severally, in whom is vested:

      (a) All or any part of the legal title to property; or

      (b) All or part of the beneficial ownership, and a right to present use and enjoyment of the property.

      (10) "Premises" means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant.

      (11) "Rental agreement" means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.

      (12) A "single family residence" is a structure maintained and used as a single dwelling unit.  Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single family residence if it has direct access to a street and shares neither heating facilities nor hot water equipment, nor any other essential facility or service, with any other dwelling unit.

      (13) A "tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.

      (14) "Reasonable attorney's fees", where authorized in this chapter, means an amount to be determined including the following factors:  The time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, and the experience, reputation and ability of the lawyer or lawyers performing the services.

      (15) "Gang" means a group that:  (a) Consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.

      (16) "Gang-related activity" means any activity that occurs within the gang or advances a gang purpose.

      (17) "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of RCW 9A.72.085 by a qualified inspector that states that the landlord has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 that endangers or impairs the health or safety of a tenant, including (a) structural members that are of insufficient size or strength to carry imposed loads with safety, (b) exposure of the occupants to the weather, (c) plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury, (d) not providing facilities adequate to supply heat and water and hot water as reasonably required by the tenant, (e) providing heating or ventilation systems that are not functional or are hazardous, (f) defective, hazardous, or missing electrical wiring or electrical service, (g) defective or hazardous exits that increase the risk of injury to occupants, and (h) conditions that increase the risk of fire.

      (18) "Property" or "rental property" means all dwelling units on a contiguous quantity of land managed by the same landlord as a single, rental complex.

      (19) "Qualified inspector" means a United States department of housing and urban development certified inspector; a Washington state licensed home inspector; an American society of home inspectors certified inspector; a private inspector certified by the national association of housing and redevelopment officials, the American association of code enforcement, or other comparable professional association as approved by the local municipality; a municipal code enforcement officer; a Washington licensed structural engineer; or a Washington licensed architect.

NEW SECTION.  Sec. 2.  A new section is added to chapter 59.18 RCW to read as follows:

      (1) Local municipalities may require that landlords provide a certificate of inspection as a business license condition.  A local municipality does not need to have a business license or registration program in order to require that landlords provide a certificate of inspection.  A certificate of inspection does not preclude or limit inspections conducted pursuant to the tenant remedy as provided for in RCW 59.18.115, at the request or consent of the tenant, or pursuant to a warrant.

      (2) A qualified inspector who is conducting an inspection under this section may only investigate a rental property as needed to provide a certificate of inspection.

      (3) A local municipality may only require a certificate of inspection on a rental property once every three years.

      (4)(a) A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection under this section.

      (b) A rental property inspected by a government agency or other qualified inspector within the previous twenty-four months may provide proof of that inspection which the local municipality may accept in lieu of a certificate of inspection.  If any additional inspections of the rental property are conducted, a copy of the findings of these inspections may also be required by the local municipality.

      (5) A rental property owner may choose to inspect one hundred percent of the units on the rental property and provide only the certificate of inspection for all units to the local municipality.  However, if a rental property owner chooses to inspect only a sampling of the units, the owner must send written notice of the inspection to all units at the property.  The notice must advise tenants that some of the units at the property will be inspected and that the tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW 59.18.070.  The notice must also advise tenants that if the landlord fails to adequately respond to the request for repairs or maintenance, the tenants may contact local municipality officials.  A copy of the notice must be provided to the inspector upon request on the day of inspection.

      (6)(a) If a rental property has twenty or fewer dwelling units, no more than four dwelling units at the rental property may be selected by the local municipality to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.

      (b) If a rental property has twenty-one or more units, no more than twenty percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum of fifty units at any one property, may be selected by the local municipality to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.

      (c) If a rental property is asked to provide a certificate of inspection for a sample of units on the property and a selected unit fails the initial inspection, the local municipality may require up to one hundred percent of the units on the rental property to provide a certificate of inspection.

      (d) If a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection, the local municipality may require one hundred percent of the units on the rental property to provide a certificate of inspection.

      (e) If a rental property owner chooses to hire a qualified inspector other than a municipal housing code enforcement officer, and a selected unit of the rental property fails the initial inspection, both the results of the initial inspection and any certificate of inspection must be provided to the local municipality.

      (7)(a) The landlord shall provide written notification of his or her intent to enter an individual unit for the purposes of providing a local municipality with a certificate of inspection in accordance with RCW 59.18.150(6).  The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector's identification before the inspector enters the individual unit.  A copy of this notice must be provided to the inspector upon request on the day of inspection.

      (b) A tenant who continues to deny access to his or her unit is subject to RCW 59.18.150(8).

      (8) If a rental property owner does not agree with the findings of an inspection performed by a local municipality under this section, the local municipality shall offer an appeals process.

      (9) A penalty for noncompliance under this section may be assessed by a local municipality.  A local municipality may also notify the landlord that until a certificate of inspection is provided, it is unlawful to rent or to allow a tenant to continue to occupy the dwelling unit.

      (10) Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of inspection is issued, is, in addition to the penalties provided for in subsection (9) of this section, guilty of a gross misdemeanor and must be punished by a fine of not more than five thousand dollars.

      (11) As of the effective date of this section, a local municipality may not enact an ordinance requiring a certificate of inspection unless the ordinance complies with this section.  This prohibition does not preclude any amendments made to ordinances adopted before the effective date of this section.

Sec. 3.  RCW 59.18.150 and 2002 c 263 s 1 are each amended to read as follows:

      (1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

      (2) Upon written notice of intent to seek a search warrant, when a tenant or landlord denies a fire official the right to search a dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specific to the dwelling unit sought to be searched that criminal fire code violations exist in the dwelling unit, a court of competent jurisdiction shall issue a warrant allowing a search of the dwelling unit.

      Upon written notice of intent to seek a search warrant, when a landlord denies a fire official the right to search the common areas of the rental building other than the dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specific to the common area sought to be searched that a criminal fire code violation exists in those areas, a court of competent jurisdiction shall issue a warrant allowing a search of the common areas in which the violation is alleged.

      The superior court and courts of limited jurisdiction organized under Titles 3, 35, and 35A RCW have jurisdiction to issue such search warrants.  Evidence obtained pursuant to any such search may be used in a civil or administrative enforcement action.

      (3) As used in this section:

      (a) "Common areas" means a common area or those areas that contain electrical, plumbing, and mechanical equipment and facilities used for the operation of the rental building.

      (b) "Fire official" means any fire official authorized to enforce the state or local fire code.

      (4)(a) A search warrant may be issued by a judge of a superior court or a court of limited jurisdiction under Titles 3, 35, and 35A RCW to a code enforcement official of the state or of any county, city, or other political subdivision for the purpose of allowing the inspection of any specified dwelling unit and premises to determine the presence of an unsafe building condition or a violation of any building regulation, statute, or ordinance.

      (b) A search warrant must only be issued upon application of a designated officer or employee of a county or city prosecuting or regulatory authority supported by an affidavit or declaration made under oath or upon sworn testimony before the judge, establishing probable cause that a violation of a state or local law, regulation, or ordinance regarding rental housing exists and endangers the health or safety of the tenant or adjoining neighbors.  In addition, the affidavit must contain a statement that consent to inspect has been sought from the owner and the tenant but could not be obtained because the owner or the tenant either refused or failed to respond within five days, or a statement setting forth facts or circumstances reasonably justifying the failure to seek such consent.  A landlord may not take or threaten to take reprisals or retaliatory action as defined in RCW 59.18.240 against a tenant who gives consent to a code enforcement official of the state or of any county, city, or other political subdivision to inspect his or her dwelling unit to determine the presence of an unsafe building condition or a violation of any building regulation, statute, or ordinance.

      (c) In determining probable cause, the judge is not limited to evidence of specific knowledge, but may also consider any of the following:

      (i) The age and general condition of the premises;

      (ii) Previous violations or hazards found present in the premises;

      (iii) The type of premises;

      (iv) The purposes for which the premises are used; or

      (v) The presence of hazards or violations in and the general condition of premises near the premises sought to be inspected.

      (d) Before issuing an inspection warrant, the judge shall find that the applicant has: (i) Provided written notice of the date, approximate time, and court in which the applicant will be seeking the warrant to the owner and, if the applicant reasonably believes the dwelling unit or rental property to be inspected is in the lawful possession of a tenant, to the tenant; and (ii) posted a copy of the notice on the exterior of the dwelling unit or rental property to be inspected.   The judge shall also allow the owner and any tenant who appears during consideration of the application for the warrant to defend against or in support of the issuance of the warrant.

      (e) All warrants must include at least the following:

      (i) The name of the agency and building official requesting the warrant and authorized to conduct an inspection pursuant to the warrant;

      (ii) A reasonable description of the premises and items to be inspected; and

      (iii) A brief description of the purposes of the inspection.

      (f) An inspection warrant is effective for the time specified in the warrant, but not for a period of more than ten days unless it is extended or renewed by the judge who signed and issued the original warrant upon satisfying himself or herself that the extension or renewal is in the public interest.  The inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time.  After the expiration of the time specified in the warrant, the warrant, unless executed, is void.

      (g) An inspection pursuant to a warrant must not be made:

      (i) Between 7:00 p.m. of any day and 8:00 a.m. of the succeeding day, on Saturday or Sunday, or on any legal holiday, unless the owner or, if occupied, the tenant specifies a preference for inspection during such hours or on such a day;

      (ii) Without the presence of an owner or occupant over the age of eighteen years or a person designated by the owner or occupant unless specifically authorized by a judge upon a showing that the  authority is reasonably necessary to effectuate the purpose of the search warrant; or

      (iii) By means of forcible entry, except that a judge may expressly authorize a forcible entry when:

      (A) Facts are shown that are sufficient to create a reasonable suspicion of a violation of a state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards that, if the violation existed, would be an immediate threat to the health or safety of the tenant; or

      (B) Facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. 

      (h) Immediate execution of a warrant is prohibited, except when necessary to prevent loss of life or property.

      (i) Any person who willfully refuses to permit inspection, obstructs inspection, or aids in the obstruction of an inspection of property authorized by warrant issued pursuant to this section is subject to remedial and punitive sanctions for contempt of court under chapter 7.21 RCW.  Such conduct may also be subject to a civil penalty imposed by local ordinance that takes into consideration the facts and circumstances and the severity of the violation.

      (5) The landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment.

      (((5))) (6) The landlord shall not abuse the right of access or use it to harass the tenant.  Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of his or her intent to enter and shall enter only at reasonable times.  The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants.  A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit.

      (((6))) (7) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant.

      (((7))) (8) A landlord or tenant who continues to violate the rights of the tenant or landlord with respect to the duties imposed on the other as set forth in this section after being served with one written notification alleging in good faith violations of this section listing the date and time of the violation shall be liable for up to one hundred dollars for each violation after receipt of the notice.  The prevailing landlord or tenant may recover costs of the suit or arbitration under this section, and may also recover reasonable attorneys' fees.

      (((8))) (9) Nothing in this section is intended to (a) abrogate or modify in any way any common law right or privilege or (b) affect the common law as it relates to a local municipality's right of entry under emergency or exigent circumstances.

NEW SECTION.  Sec. 4.  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."

 

Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

ESSB 6468         Prime Sponsor, Committee on Environment, Water & Energy: Coordinating the weatherization and structural rehabilitation of residential structures.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Miloscia; Springer; Upthegrove; White and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan and Short.

 

Referred to Committee on Capital Budget.

 

February 22, 20100)

SSB 6470            Prime Sponsor, Committee on Human Services & Corrections: Addressing the burdens of proof required in dependency matters affecting Indian children.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Ormsby; Roberts and Ross.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

ESSB 6476         Prime Sponsor, Committee on Human Services & Corrections: Revising provisions relating to sex crimes involving minors.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 13.40 RCW to read as follows:

      Within available funding, when a youth who has been diverted under RCW 13.40.070 for an alleged offense of prostitution or prostitution loitering is referred to the department, the department shall connect that youth with the services and treatment specified in RCW 74.14B.060 and 74.14B.070.

Sec. 2.  RCW 7.68.070 and 2009 c 38 s 1 are each amended to read as follows:

      The right to benefits under this chapter and the amount thereof will be governed insofar as is applicable by the provisions contained in chapter 51.32 RCW except as provided in this section:

      (1) The provisions contained in RCW 51.32.015, 51.32.030, 51.32.072, 51.32.073, 51.32.180, 51.32.190, and 51.32.200 are not applicable to this chapter.

      (2) Each victim injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, or the victim's family or dependents in case of death of the victim, are entitled to benefits in accordance with this chapter, subject to the limitations under RCW 7.68.015.  The rights, duties, responsibilities, limitations, and procedures applicable to a worker as contained in RCW 51.32.010 are applicable to this chapter.

      (3)(a) The limitations contained in RCW 51.32.020 are applicable to claims under this chapter.  In addition ((thereto)), no person or spouse, child, or dependent of such person is entitled to benefits under this chapter when the injury for which benefits are sought, was:

      (((a))) (i) The result of consent, provocation, or incitement by the victim, unless an injury resulting from a criminal act caused the death of the victim;

      (((b))) (ii) Sustained while the crime victim was engaged in the attempt to commit, or the commission of, a felony; or

      (((c))) (iii) Sustained while the victim was confined in any county or city jail, federal jail or prison or in any other federal institution, or any state correctional institution maintained and operated by the department of social and health services or the department of corrections, prior to release from lawful custody; or confined or living in any other institution maintained and operated by the department of social and health services or the department of corrections.

(b) A person identified as the "minor" in the charge of commercial sexual abuse of a minor under RCW 9.68A.100, promoting commercial sexual abuse of a minor under RCW 9.68A.101, or promoting travel for commercial sexual abuse of a minor under RCW 9.68A.102 is considered a victim of a criminal act for the purpose of the right to benefits under this chapter even if the person is also charged with prostitution under RCW 9A.88.030.

      (4) The benefits established upon the death of a worker and contained in RCW 51.32.050 shall be the benefits obtainable under this chapter and provisions relating to payment contained in that section shall equally apply under this chapter((:  PROVIDED, That)).  Benefits for burial expenses shall not exceed the amount paid by the department in case of the death of a worker as provided in chapter 51.32 RCW in any claim((:  PROVIDED FURTHER, That)).  If the criminal act results in the death of a victim who was not gainfully employed at the time of the criminal act, and who was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act;

      (a) Benefits payable to an eligible surviving spouse, where there are no children of the victim at the time of the criminal act who have survived the victim or where such spouse has legal custody of all of his or her children, shall be limited to burial expenses and a lump sum payment of seven thousand five hundred dollars without reference to number of children, if any;

      (b) Where any such spouse has legal custody of one or more but not all of such children, then such burial expenses shall be paid, and such spouse shall receive a lump sum payment of three thousand seven hundred fifty dollars and any such child or children not in the legal custody of such spouse shall receive a lump sum of three thousand seven hundred fifty dollars to be divided equally among such child or children;

      (c) If any such spouse does not have legal custody of any of the children, the burial expenses shall be paid and the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars and any such child or children not in the legal custody of the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars to be divided equally among the child or children;

      (d) If no such spouse survives, then such burial expenses shall be paid, and each surviving child of the victim at the time of the criminal act shall receive a lump sum payment of three thousand seven hundred fifty dollars up to a total of two such children and where there are more than two such children the sum of seven thousand five hundred dollars shall be divided equally among such children.

      No other benefits may be paid or payable under these circumstances.

      (5) The benefits established in RCW 51.32.060 for permanent total disability proximately caused by the criminal act shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter:  PROVIDED, That if a victim becomes permanently and totally disabled as a proximate result of the criminal act and was not gainfully employed at the time of the criminal act, the victim shall receive monthly during the period of the disability the following percentages, where applicable, of the average monthly wage determined as of the date of the criminal act pursuant to RCW 51.08.018:

      (a) If married at the time of the criminal act, twenty-nine percent of the average monthly wage.

      (b) If married with one child at the time of the criminal act, thirty-four percent of the average monthly wage.

      (c) If married with two children at the time of the criminal act, thirty-eight percent of the average monthly wage.

      (d) If married with three children at the time of the criminal act, forty-one percent of the average monthly wage.

      (e) If married with four children at the time of the criminal act, forty-four percent of the average monthly wage.

      (f) If married with five or more children at the time of the criminal act, forty-seven percent of the average monthly wage.

      (g) If unmarried at the time of the criminal act, twenty-five percent of the average monthly wage.

      (h) If unmarried with one child at the time of the criminal act, thirty percent of the average monthly wage.

      (i) If unmarried with two children at the time of the criminal act, thirty-four percent of the average monthly wage.

      (j) If unmarried with three children at the time of the criminal act, thirty-seven percent of the average monthly wage.

      (k) If unmarried with four children at the time of the criminal act, forty percent of the average monthly wage.

      (l) If unmarried with five or more children at the time of the criminal act, forty-three percent of the average monthly wage.

      (6) The benefits established in RCW 51.32.080 for permanent partial disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section equally apply under this chapter.

      (7) The benefits established in RCW 51.32.090 for temporary total disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter((:  PROVIDED, That)).  No person is eligible for temporary total disability benefits under this chapter if such person was not gainfully employed at the time of the criminal act, and was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act.

      (8) The benefits established in RCW 51.32.095 for continuation of benefits during vocational rehabilitation shall be benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter((:  PROVIDED, That)).  Benefits shall not exceed five thousand dollars for any single injury.

      (9) The provisions for lump sum payment of benefits upon death or permanent total disability as contained in RCW 51.32.130 apply under this chapter.

      (10) The provisions relating to payment of benefits to, for or on behalf of workers contained in RCW 51.32.040, 51.32.055, 51.32.100, 51.32.110, 51.32.120, 51.32.135, 51.32.140, 51.32.150, 51.32.160, and 51.32.210 are applicable to payment of benefits to, for or on behalf of victims under this chapter.

      (11) No person or spouse, child, or dependent of such person is entitled to benefits under this chapter where the person making a claim for such benefits has refused to give reasonable cooperation to state or local law enforcement agencies in their efforts to apprehend and convict the perpetrator(s) of the criminal act which gave rise to the claim.

      (12) In addition to other benefits provided under this chapter, victims of sexual assault are entitled to receive appropriate counseling.  Fees for such counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080.  Counseling services may include, if determined appropriate by the department, counseling of members of the victim's immediate family, other than the perpetrator of the assault.

      (13) Except for medical benefits authorized under RCW 7.68.080, no more than thirty thousand dollars shall be granted as a result of a single injury or death, except that benefits granted as the result of total permanent disability or death shall not exceed forty thousand dollars.

      (14) Notwithstanding other provisions of this chapter and Title 51 RCW, benefits payable for total temporary disability under subsection (7) of this section, shall be limited to fifteen thousand dollars.

      (15) Any person who is responsible for the victim's injuries, or who would otherwise be unjustly enriched as a result of the victim's injuries, shall not be a beneficiary under this chapter.

      (16) Crime victims' compensation is not available to pay for services covered under chapter 74.09 RCW or Title XIX of the federal social security act, except to the extent that the costs for such services exceed service limits established by the department of social and health services or, during the 1993-95 fiscal biennium, to the extent necessary to provide matching funds for federal medicaid reimbursement.

      (17) In addition to other benefits provided under this chapter, immediate family members of a homicide victim may receive appropriate counseling to assist in dealing with the immediate, near-term consequences of the related effects of the homicide.  Fees for counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080.  Payment of counseling benefits under this section may not be provided to the perpetrator of the homicide.  The benefits under this subsection may be provided only with respect to homicides committed on or after July 1, 1992.

      (18) A dependent mother, father, stepmother, or stepfather, as defined in RCW 51.08.050, who is a survivor of her or his child's homicide, who has been requested by a law enforcement agency or a prosecutor to assist in the judicial proceedings related to the death of the victim, and who is not domiciled in Washington state at the time of the request, may receive a lump-sum payment upon arrival in this state.  Total benefits under this subsection may not exceed seven thousand five hundred dollars.  If more than one dependent parent is eligible for this benefit, the lump-sum payment of seven thousand five hundred dollars shall be divided equally among the dependent parents.

      (19) A victim whose crime occurred in another state who qualifies for benefits under RCW 7.68.060(4) may receive appropriate mental health counseling to address distress arising from participation in the civil commitment proceedings.  Fees for counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080.

Sec. 3.  RCW 13.40.070 and 2009 c 252 s 3 are each amended to read as follows:

      (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor.  The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:

      (a) The alleged facts bring the case within the jurisdiction of the court; and

      (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.

      (2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.

      (3) If the requirements of subsections (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (((7))) (8) of this section.  If the prosecutor finds that the requirements of subsection (1)(a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor.  In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.

      (4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged.  It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.

      (5) Except as provided in RCW 13.40.213 and subsection (7) of this section, where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:

      (a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.411(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or a class C felony that is a violation of RCW 9.41.080 or 9.41.040(2)(a)(iii); or

      (b) An alleged offender is accused of a felony and has a criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; or

      (c) An alleged offender has previously been committed to the department; or

      (d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or

      (e) An alleged offender has two or more diversion agreements on the alleged offender's criminal history; or

      (f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.

      (6) W here a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation.  If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (((7))) (8) of this section, a case under this subsection may also be filed.

      (7) Where a case is legally sufficient to charge an alleged offender with either prostitution or prostitution loitering and the alleged offense is the offender's first prostitution or prostitution loitering offense, the prosecutor shall divert the case.

      (8) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted.  In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.

      (((8))) (9) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversion interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile.  Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversion unit, the victim shall be notified of the referral and informed how to contact the unit.

      (((9))) (10) The responsibilities of the prosecutor under subsections (1) through (((8))) (9) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.

      (((10))) (11) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs.  Such mediation or victim offender reconciliation programs shall be voluntary for victims.

Sec. 4.  RCW 13.40.213 and 2009 c 252 s 2 are each amended to read as follows:

      (1) When a juvenile is alleged to have committed the offenses of prostitution or prostitution loitering, and the allegation, if proved, would not be the juvenile's first offense, a prosecutor may divert the offense if the county in which the offense is alleged to have been committed has a comprehensive program that provides:

      (a) Safe and stable housing;

      (b) Comprehensive on-site case management;

      (c) Integrated mental health and chemical dependency services, including specialized trauma recovery services;

      (d) Education and employment training delivered on-site; and

      (e) Referrals to off-site specialized services, as appropriate.

      (2) A prosecutor may divert a case for prostitution or prostitution loitering into the comprehensive program described in this section, notwithstanding the filing criteria set forth in RCW 13.40.070(5).

      (3) A diversion agreement under this section may extend to twelve months.

      (4)(a) The administrative office of the courts shall compile data regarding:

      (i) The number of juveniles whose cases are diverted into the comprehensive program described in this section;

      (ii) Whether the juveniles complete their diversion agreements under this section; and

      (iii) Whether juveniles whose cases have been diverted under this section have been subsequently arrested or committed subsequent offenses.

      (b) ((A)) An annual report of the data compiled shall be provided to the governor and the appropriate committee of the legislature.  The first report is due by November 1, 2010.

NEW SECTION.  Sec. 5.  A new section is added to chapter 13.40 RCW to read as follows:

      In any proceeding under this chapter related to an arrest for prostitution or prostitution loitering, there is a presumption that the alleged offender meets the criteria for a certification as a victim of a severe form of trafficking in persons as defined in section 7105 of Title 22 of the United States code, and that the alleged offender is also a victim of commercial sex abuse of a minor.

NEW SECTION.  Sec. 6.  A new section is added to chapter 74.15 RCW to read as follows:

      The department shall require that to be licensed or continue to be licensed as a secure or semi-secure crisis residential center or HOPE center that the center has on staff, or otherwise has access to, a person who has been trained to work with the needs of sexually exploited children.  For purposes of this section, "sexually exploited child" means that person as defined in RCW 13.32A.030(17).

Sec. 7.  RCW 9.94A.515 and 2008 c 108 s 23 and 2008 c 38 s 1 are each reenacted and amended to read as follows:

 

 

TABLE 2

 

 

CRIMES INCLUDED WITHIN

EACH SERIOUSNESS LEVEL

 

XVI

Aggravated Murder 1 (RCW 

      10.95.020)

 

XV

Homicide by abuse (RCW 9A.32.055)

 

 

Malicious explosion 1 (RCW 

      70.74.280(1))

 

 

Murder 1 (RCW 9A.32.030)

 

XIV

Murder 2 (RCW 9A.32.050)

 

 

Trafficking 1 (RCW 9A.40.100(1))

 

XIII

Malicious explosion 2 (RCW 

      70.74.280(2))

 

 

Malicious placement of an explosive 1 

      (RCW 70.74.270(1))

 

XII

Assault 1 (RCW 9A.36.011)

 

 

Assault of a Child 1 (RCW 9A.36.120)

 

 

Malicious placement of an imitation 

      device 1 (RCW 70.74.272(1)(a))

 

 

Promoting Commercial Sexual Abuse

of a Minor (RCW 9.68A.101)

 

 

Rape 1 (RCW 9A.44.040)

 

 

Rape of a Child 1 (RCW 9A.44.073)

 

 

Trafficking 2 (RCW 9A.40.100(2))

 

XI

Manslaughter 1 (RCW 9A.32.060)

 

 

Rape 2 (RCW 9A.44.050)

 

 

Rape of a Child 2 (RCW 9A.44.076)

 

X

Child Molestation 1 (RCW 9A.44.083)

 

 

Criminal Mistreatment 1 (RCW

9A.42.020)

 

 

Indecent Liberties (with forcible 

      compulsion) (RCW 

      9A.44.100(1)(a))

 

 

Kidnapping 1 (RCW 9A.40.020)

 

 

Leading Organized Crime (RCW 

      9A.82.060(1)(a))

 

 

Malicious explosion 3 (RCW 

      70.74.280(3))

 

 

Sexually Violent Predator Escape 

      (RCW 9A.76.115)

 

IX

Abandonment of Dependent Person 1 

      (RCW 9A.42.060)

 

 

Assault of a Child 2 (RCW 9A.36.130)

 

 

Explosive devices prohibited (RCW 

      70.74.180)

 

 

Hit and Run--Death (RCW 

      46.52.020(4)(a))

 

 

Homicide by Watercraft, by being 

      under the influence of intoxicating 

      liquor or any drug (RCW 

      79A.60.050)

 

 

Inciting Criminal Profiteering (RCW 

      9A.82.060(1)(b))

 

 

Malicious placement of an explosive 2 

      (RCW 70.74.270(2))

 

 

Robbery 1 (RCW 9A.56.200)

 

 

Sexual Exploitation (RCW 9.68A.040)

 

 

Vehicular Homicide, by being under 

      the influence of intoxicating liquor 

      or any drug (RCW 46.61.520)

 

VIII

Arson 1 (RCW 9A.48.020)

 

 

Commercial Sexual Abuse of a Minor

(RCW 9.68A.100)

 

 

Homicide by Watercraft, by the 

      operation of any vessel in a 

      reckless manner (RCW 

      79A.60.050)

 

 

Manslaughter 2 (RCW 9A.32.070)

 

 

((Promoting Commercial Sexual Abuse

      of a Minor (RCW 9.68A.101)))

 

 

Promoting Prostitution 1 (RCW 

      9A.88.070)

 

 

Theft of Ammonia (RCW 69.55.010)

 

 

Vehicular Homicide, by the operation 

      of any vehicle in a reckless manner

       (RCW 46.61.520)

 

VII

Burglary 1 (RCW 9A.52.020)

 

 

Child Molestation 2 (RCW 9A.44.086)

 

 

Civil Disorder Training (RCW 

      9A.48.120)

 

 

Dealing in depictions of minor engaged

       in sexually explicit conduct (RCW

       9.68A.050)

 

 

Drive-by Shooting (RCW 9A.36.045)

 

 

Homicide by Watercraft, by disregard 

      for the safety of others (RCW 

      79A.60.050)

 

 

Indecent Liberties (without forcible 

      compulsion) (RCW 9A.44.100(1) 

      (b) and (c))

 

 

Introducing Contraband 1 (RCW 

      9A.76.140)

 

 

Malicious placement of an explosive 3 

      (RCW 70.74.270(3))

 

 

Negligently Causing Death By Use of a

       Signal Preemption Device (RCW 

      46.37.675)

 

 

Sending, bringing into state depictions 

      of minor engaged in sexually 

      explicit conduct (RCW 9.68A.060)

 

 

Unlawful Possession of a Firearm in 

      the first degree (RCW 9.41.040(1))

 

 

Use of a Machine Gun in Commission 

      of a Felony (RCW 9.41.225)

 

 

Vehicular Homicide, by disregard for 

      the safety of others (RCW 

      46.61.520)

 

VI

Bail Jumping with Murder 1 (RCW 

      9A.76.170(3)(a))

 

 

Bribery (RCW 9A.68.010)

 

 

Incest 1 (RCW 9A.64.020(1))

 

 

Intimidating a Judge (RCW 9A.72.160)

 

 

Intimidating a Juror/Witness (RCW 

      9A.72.110, 9A.72.130)

 

 

Malicious placement of an imitation 

      device 2 (RCW 70.74.272(1)(b))

 

 

Possession of Depictions of a Minor 

      Engaged in Sexually Explicit 

      Conduct (RCW 9.68A.070)

 

 

Rape of a Child 3 (RCW 9A.44.079)

 

 

Theft of a Firearm (RCW 9A.56.300)

 

 

Unlawful Storage of Ammonia (RCW 

      69.55.020)

 

V

Abandonment of Dependent Person 2 

      (RCW 9A.42.070)

 

 

Advancing money or property for 

      extortionate extension of credit 

      (RCW 9A.82.030)

 

 

Bail Jumping with class A Felony 

      (RCW 9A.76.170(3)(b))

 

 

Child Molestation 3 (RCW 9A.44.089)

 

 

Criminal Mistreatment 2 (RCW 

      9A.42.030)

 

 

Custodial Sexual Misconduct 1 (RCW 

      9A.44.160)

 

 

Domestic Violence Court Order 

      Violation (RCW 10.99.040, 

      10.99.050, 26.09.300, 26.10.220, 

      26.26.138, 26.50.110, 26.52.070, 

      or 74.34.145)

 

 

Driving While Under the Influence 

      (RCW 46.61.502(6))

 

 

Extortion 1 (RCW 9A.56.120)

 

 

Extortionate Extension of Credit (RCW

       9A.82.020)

 

 

Extortionate Means to Collect 

      Extensions of Credit (RCW 

      9A.82.040)

 

 

Incest 2 (RCW 9A.64.020(2))

 

 

Kidnapping 2 (RCW 9A.40.030)

 

 

Perjury 1 (RCW 9A.72.020)

 

 

Persistent prison misbehavior (RCW 

      9.94.070)

 

 

Physical Control of a Vehicle While 

      Under the Influence (RCW 

      46.61.504(6))

 

 

Possession of a Stolen Firearm (RCW 

      9A.56.310)

 

 

Rape 3 (RCW 9A.44.060)

 

 

Rendering Criminal Assistance 1 

      (RCW 9A.76.070)

 

 

Sexual Misconduct with a Minor 1 

      (RCW 9A.44.093)

 

 

Sexually Violating Human Remains 

      (RCW 9A.44.105)

 

 

Stalking (RCW 9A.46.110)

 

 

Taking Motor Vehicle Without 

      Permission 1 (RCW 9A.56.070)

 

IV

Arson 2 (RCW 9A.48.030)

 

 

Assault 2 (RCW 9A.36.021)

 

 

Assault 3 (of a Peace Officer with a 

      Projectile Stun Gun) (RCW 

      9A.36.031(1)(h))

 

 

Assault by Watercraft (RCW 

      79A.60.060)

 

 

Bribing a Witness/Bribe Received by 

      Witness (RCW 9A.72.090, 

      9A.72.100)

 

 

Cheating 1 (RCW 9.46.1961)

 

 

Commercial Bribery (RCW 9A.68.060)

 

 

Counterfeiting (RCW 9.16.035(4))

 

 

Endangerment with a Controlled 

      Substance (RCW 9A.42.100)

 

 

Escape 1 (RCW 9A.76.110)

 

 

Hit and Run‑-Injury (RCW 

      46.52.020(4)(b))

 

 

Hit and Run with Vessel‑-Injury 

      Accident (RCW 79A.60.200(3))

 

 

Identity Theft 1 (RCW 9.35.020(2))

 

 

Indecent Exposure to Person Under 

      Age Fourteen (subsequent sex 

      offense) (RCW 9A.88.010)

 

 

Influencing Outcome of Sporting Event

       (RCW 9A.82.070)

 

 

Malicious Harassment (RCW 

      9A.36.080)

 

 

Residential Burglary (RCW 

      9A.52.025)

 

 

Robbery 2 (RCW 9A.56.210)

 

 

Theft of Livestock 1 (RCW 9A.56.080)

 

 

Threats to Bomb (RCW 9.61.160)

 

 

Trafficking in Stolen Property 1 (RCW 

      9A.82.050)

 

 

Unlawful factoring of a credit card or 

      payment card transaction (RCW 

      9A.56.290(4)(b))

 

 

Unlawful transaction of health 

      coverage as a health care service 

      contractor (RCW 48.44.016(3))

 

 

Unlawful transaction of health 

      coverage as a health maintenance 

      organization (RCW 48.46.033(3))

 

 

Unlawful transaction of insurance 

      business (RCW 48.15.023(3))

 

 

Unlicensed practice as an insurance 

      professional (RCW

      48.17.063(((3))) (2))

 

 

Use of Proceeds of Criminal 

      Profiteering (RCW 9A.82.080 (1) 

      and (2))

 

 

Vehicular Assault, by being under the 

      influence of intoxicating liquor or 

      any drug, or by the operation or 

      driving of a vehicle in a reckless 

      manner (RCW 46.61.522)

 

 

Willful Failure to Return from 

      Furlough (RCW 72.66.060)

 

III

Animal Cruelty 1 (Sexual Conduct or 

      Contact) (RCW 16.52.205(3))

 

 

Assault 3 (Except Assault 3 of a Peace 

      Officer With a Projectile Stun 

      Gun) (RCW 9A.36.031 except 

      subsection (1)(h))

 

 

Assault of a Child 3 (RCW 9A.36.140)

 

 

Bail Jumping with class B or C Felony 

      (RCW 9A.76.170(3)(c))

 

 

Burglary 2 (RCW 9A.52.030)

 

 

((Commercial Sexual Abuse of a Minor

      (RCW 9.68A.100)))

 

 

Communication with a Minor for 

      Immoral Purposes (RCW 

      9.68A.090)

 

 

Criminal Gang Intimidation (RCW 

      9A.46.120)

 

 

Custodial Assault (RCW 9A.36.100)

 

 

Cyberstalking (subsequent conviction 

      or threat of death) (RCW 

      9.61.260(3))

 

 

Escape 2 (RCW 9A.76.120)

 

 

Extortion 2 (RCW 9A.56.130)

 

 

Harassment (RCW 9A.46.020)

 

 

Intimidating a Public Servant (RCW 

      9A.76.180)

 

 

Introducing Contraband 2 (RCW 

      9A.76.150)

 

 

Malicious Injury to Railroad Property 

      (RCW 81.60.070)

 

 

Mortgage Fraud (RCW 19.144.080)

 

 

Negligently Causing Substantial Bodily

       Harm By Use of a Signal 

      Preemption Device (RCW 

      46.37.674)

 

 

Organized Retail Theft 1 (RCW 

      9A.56.350(2))

 

 

Perjury 2 (RCW 9A.72.030)

 

 

Possession of Incendiary Device (RCW

       9.40.120)

 

 

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 

      9.41.190)

 

 

Promoting Prostitution 2 (RCW 

      9A.88.080)

 

 

Retail Theft with  Extenuating

      Circumstances 1  (RCW

      9A.56.360(2))

 

 

Securities Act violation (RCW 

      21.20.400)

 

 

Tampering with a Witness (RCW 

      9A.72.120)

 

 

Telephone Harassment (subsequent 

      conviction or threat of death) 

      (RCW 9.61.230(2))

 

 

Theft of Livestock 2 (RCW 9A.56.083)

 

 

Theft with the Intent to Resell 1 (RCW 

      9A.56.340(2))

 

 

Trafficking in Stolen Property 2 (RCW 

      9A.82.055)

 

 

Unlawful Imprisonment (RCW 

      9A.40.040)

 

 

Unlawful possession of firearm in the 

      second degree (RCW 9.41.040(2))

 

 

Vehicular Assault, by the operation or 

      driving of a vehicle with disregard 

      for the safety of others (RCW 

      46.61.522)

 

 

Willful Failure to Return from Work 

      Release (RCW 72.65.070)

 

II

Computer Trespass 1 (RCW 

      9A.52.110)

 

 

Counterfeiting (RCW 9.16.035(3))

 

 

Escape from Community Custody 

      (RCW 72.09.310)

 

 

Failure to Register as a Sex Offender 

      (second or subsequent offense) 

      (RCW 9A.44.130(11)(a))

 

 

Health Care False Claims (RCW 

      48.80.030)

 

 

Identity Theft 2 (RCW 9.35.020(3))

 

 

Improperly Obtaining Financial 

      Information (RCW 9.35.010)

 

 

Malicious Mischief 1 (RCW 

      9A.48.070)

 

 

Organized Retail Theft 2 (RCW 

      9A.56.350(3))

 

 

Possession of Stolen Property 1 (RCW 

      9A.56.150)

 

 

Possession of a Stolen Vehicle (RCW

      9A.56.068)

 

 

Retail Theft with  Extenuating

      Circumstances 2  (RCW

      9A.56.360(3))

 

 

Theft 1 (RCW 9A.56.030)

 

 

Theft of a Motor Vehicle (RCW

      9A.56.065)

 

 

Theft of Rental, Leased, or Lease-purchased Property (valued at one 

      thousand five hundred dollars or 

      more) (RCW 9A.56.096(5)(a))

 

 

Theft with the Intent to Resell 2 (RCW 

      9A.56.340(3))

 

 

Trafficking in Insurance Claims (RCW 

      48.30A.015)

 

 

Unlawful factoring of a credit card or 

      payment card transaction (RCW 

      9A.56.290(4)(a))

 

 

Unlawful Practice of Law (RCW 

      2.48.180)

 

 

Unlicensed Practice of a Profession or 

      Business (RCW 18.130.190(7))

 

 

Voyeurism (RCW 9A.44.115)

 

I

Attempting to Elude a Pursuing Police 

      Vehicle (RCW 46.61.024)

 

 

False Verification for Welfare (RCW 

      74.08.055)

 

 

Forgery (RCW 9A.60.020)

 

 

Fraudulent Creation or Revocation of a 

      Mental Health Advance Directive 

      (RCW 9A.60.060)

 

 

Malicious Mischief 2 (RCW 

      9A.48.080)

 

 

Mineral Trespass (RCW 78.44.330)

 

 

Possession of Stolen Property 2 (RCW 

      9A.56.160)

 

 

Reckless Burning 1 (RCW 9A.48.040)

 

 

Taking Motor Vehicle Without 

      Permission 2 (RCW 9A.56.075)

 

 

Theft 2 (RCW 9A.56.040)

 

 

Theft of Rental, Leased, or Lease-purchased Property (valued at two 

      hundred fifty dollars or more but 

      less than one thousand five 

      hundred dollars) (RCW 

      9A.56.096(5)(b))

 

 

Transaction of insurance business 

      beyond the scope of licensure 

      (RCW 48.17.063(((4))))

 

 

Unlawful Issuance of Checks or Drafts 

      (RCW 9A.56.060)

 

 

Unlawful Possession of Fictitious 

      Identification (RCW 9A.56.320)

 

 

Unlawful Possession of Instruments of 

      Financial Fraud (RCW 9A.56.320)

 

 

Unlawful Possession of Payment 

      Instruments (RCW 9A.56.320)

 

 

Unlawful Possession of a Personal 

      Identification Device (RCW 

      9A.56.320)

 

 

Unlawful Production of Payment 

      Instruments (RCW 9A.56.320)

 

 

Unlawful Trafficking in Food Stamps 

      (RCW 9.91.142)

 

 

Unlawful Use of Food Stamps (RCW 

      9.91.144)

 

 

Vehicle Prowl 1 (RCW 9A.52.095)

 

Sec. 8.  RCW 9A.88.140 and 2009 c 387 s 1 are each amended to read as follows:

      (1)(a) Upon an arrest for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution((, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor)), the arresting law enforcement officer may impound the person's vehicle if (i) the motor vehicle was used in the commission of the crime; (ii) the person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW 46.04.465; and (iii) either (A) the person arrested has previously been convicted of one of the offenses listed in this subsection or (B) the offense was committed within an area designated under (b) of this subsection.

      (b) A local governing authority may designate areas within which vehicles are subject to impoundment under this section regardless of whether the person arrested has previously been convicted of any of the offenses listed in (a) of this subsection.

      (i) The designation must be based on evidence indicating that the area has a disproportionately higher number of arrests for the offenses listed in (a) of this subsection as compared to other areas within the same jurisdiction.

      (ii) The local governing authority shall post signs at the boundaries of the designated area to indicate that the area has been designated under this subsection.

      (2) Upon an arrest for a suspected violation of commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor, the arresting law enforcement officer shall impound the person's vehicle if (a) the motor vehicle was used in the commission of the crime; and (b) the person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW 46.04.465.

      (3) Impoundments performed under this section shall be in accordance with chapter 46.55 RCW and the impoundment order must clearly state "prostitution hold."

      (((3))) (4)(a) Prior to redeeming the impounded vehicle, and in addition to all applicable impoundment, towing, and storage fees paid to the towing company under chapter 46.55 RCW, the owner of the impounded vehicle must pay a fine ((of five hundred dollars)) to the impounding agency.  The fine shall be five hundred dollars for the offenses specified in subsection (1) of this section, or two thousand five hundred dollars for the offenses specified in subsection (2) of this section.  The fine shall be deposited in the prostitution prevention and intervention account established under RCW 43.63A.740.

      (b) Upon receipt of the fine paid under (a) of this subsection, the impounding agency shall issue a written receipt to the owner of the impounded vehicle.

      (((4))) (5)(a) In order to redeem a vehicle impounded under this section, the owner must provide the towing company with the written receipt issued under subsection (((3))) (4)(b) of this section.

      (b) The written receipt issued under subsection (((3))) (4)(b) of this section authorizes the towing company to release the impounded vehicle upon payment of all impoundment, towing, and storage fees.

      (c) A towing company that relies on a forged receipt to release a vehicle impounded under this section is not liable to the impounding authority for any unpaid fine under subsection (((3))) (4)(a) of this section.

      (((5))) (6)(a) In any proceeding under chapter 46.55 RCW to contest the validity of an impoundment under this section where the claimant substantially prevails, the claimant is entitled to a full refund of the impoundment, towing, and storage fees paid under chapter 46.55 RCW and the five hundred dollar fine paid under subsection (((3))) (4) of this section.

      (b) If the person is found not guilty at trial for a crime listed under subsection (1) of this section, the person is entitled to a full refund of the impoundment, towing, and storage fees paid under chapter 46.55 RCW and the ((five hundred dollar)) fine paid under subsection (((3))) (4) of this section.

      (c) All refunds made under this section shall be paid by the impounding agency.

      (d) Prior to receiving any refund under this section, the claimant must provide proof of payment.

Sec. 9.  RCW 9.68A.100 and 2007 c 368 s 2 are each amended to read as follows:

      (1) A person is guilty of commercial sexual abuse of a minor if:

      (a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her;

      (b) He or she pays or agrees to pay a fee to a minor or a third person pursuant to an understanding that in return therefore such minor will engage in sexual conduct with him or her; or

      (c) He or she solicits, offers, or requests to engage in sexual conduct with a minor in return for a fee.

      (2) Commercial sexual abuse of a minor is a class ((C)) B felony punishable under chapter 9A.20 RCW.

      (3) In addition to any other penalty provided under chapter 9A.20 RCW, a person guilty of commercial sexual abuse of a minor is subject to the provisions under RCW 9A.88.130 and 9A.88.140.

      (4) For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.

Sec. 10.  RCW 9.68A.101 and 2007 c 368 s 4 are each amended to read as follows:

      (1) A person is guilty of promoting commercial sexual abuse of a minor if he or she knowingly advances commercial sexual abuse of a minor or profits from a minor engaged in sexual conduct.

      (2) Promoting commercial sexual abuse of a minor is a class ((B)) A felony.

      (3) For the purposes of this section:

      (a) A person "advances commercial sexual abuse of a minor" if, acting other than as a minor receiving compensation for personally rendered sexual conduct or as a person engaged in commercial sexual abuse of a minor, he or she causes or aids a person to commit or engage in commercial sexual abuse of a minor, procures or solicits customers for commercial sexual abuse of a minor, provides persons or premises for the purposes of engaging in commercial sexual abuse of a minor, operates or assists in the operation of a house or enterprise for the purposes of engaging in commercial sexual abuse of a minor, or engages in any other conduct designed to institute, aid, cause, assist, or facilitate an act or enterprise of commercial sexual abuse of a minor.

      (b) A person "profits from commercial sexual abuse of a minor" if, acting other than as a minor receiving compensation for personally rendered sexual conduct, he or she accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he or she participates or will participate in the proceeds of commercial sexual abuse of a minor.

      (4) For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.

Sec. 11.  RCW 9.68A.105 and 2007 c 368 s 11 are each amended to read as follows:

      (1)(a) In addition to penalties set forth in RCW 9.68A.100, 9.68A.101, and 9.68A.102, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance shall be assessed a five ((hundred fifty)) thousand dollar fee.

      (b) The court may not suspend payment of all or part of the fee unless it finds that the person does not have the ability to pay.

      (c) When a minor has been adjudicated a juvenile offender or has entered into a statutory or nonstatutory diversion agreement for an offense which, if committed by an adult, would constitute a violation of RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance, the court shall assess the fee under (a) of this subsection.  The court may not suspend payment of all or part of the fee unless it finds that the minor does not have the ability to pay the fee.

      (2) The fee assessed under subsection (1) of this section shall be collected by the Clerk of the court and distributed each month to the state treasurer for deposit in the prostitution prevention and intervention account under RCW 43.63A.740 for the purpose of funding prostitution prevention and intervention activities.

      (3) For the purposes of this section:

      (a) "Statutory or nonstatutory diversion agreement" means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.

      (b) "Deferred sentence" means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.

NEW SECTION.  Sec. 12.  If funds are appropriated specifically for this purpose, the criminal justice training commission, in consultation with the Washington association of sheriffs and police chiefs, shall, by December 1, 2010, develop a model policy on law enforcement officer implementation of the procedures provided in this act relating to contact with a minor who is a "sexually exploited child" as defined in this act or who is a victim of offenses related to commercial sexual abuse of a minor as defined in chapter 9.68A RCW.  The commission shall develop a curriculum based on the model policy for inclusion in its basic training academy by January 1, 2011.

Sec. 13.  RCW 9.68A.110 and 2007 c 368 s 3 are each amended to read as follows:

      (1) In a prosecution under RCW 9.68A.040, it is not a defense that the defendant was involved in activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses.  Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation of RCW 9.68A.090 or 9.68A.100.  This chapter does not apply to lawful conduct between spouses.

      (2) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.080, it is not a defense that the defendant did not know the age of the child depicted in the visual or printed matter((:  PROVIDED, That)).  It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not in possession of any facts on the basis of which he or she should reasonably have known that the person depicted was a minor.

      (3) In a prosecution under RCW 9.68A.040, 9.68A.090, 9.68A.100, 9.68A.101, or 9.68A.102, it is not a defense that the defendant did not know the alleged victim's age((:  PROVIDED, That)).  It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and did not rely solely on the oral allegations or apparent age of the minor.

      (4) In a prosecution under RCW 9.68A.050, 9.68A.060, or 9.68A.070, it shall be an affirmative defense that the defendant was a law enforcement officer in the process of conducting an official investigation of a sex-related crime against a minor, or that the defendant was providing individual case treatment as a recognized medical facility or as a psychiatrist or psychologist licensed under Title 18 RCW.

      (5) In a prosecution under RCW 9.68A.050, 9.68A.060, or 9.68A.070, the state is not required to establish the identity of the alleged victim.

NEW SECTION.  Sec. 14.  The following acts or parts of acts are each repealed:  2009 c 252 s 4 (uncodified)."

Correct the title.

 

Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green; Herrera; O'Brien and Walsh.

 

Referred to Committee on Ways & Means.

 

February 22, 20100)

2SSB 6515          Prime Sponsor, Committee on Ways & Means: Refocusing the department of commerce, including transferring programs.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 43.330 RCW to read as follows:

      (1) In 2009, the legislature changed the name of the department of community, trade, and economic development to the department of commerce and directed the agency to organize around a concise core mission aligned with the state's economic development plan and around jobs.  In accordance with that legislation, chapter 565, Laws of 2009, in November 2009 the department of commerce submitted a plan that establishes a mission of growing and improving jobs in the state.  The plan also outlines agency priorities, efficiencies, and program transfers that will help to advance the new mission.

      (2) The purposes of this act are:  (a) To implement portions of the department of commerce plan by transferring certain programs from the department of commerce to other state agencies whose missions are more closely aligned with the core functions of those programs; (b) to direct strategic initiatives and targeted actions focused on the mission of growing and improving jobs; (c) to direct the department to establish a separate division to contain community services and housing programs, and to work with the legislature on future plans for these programs; (d) to direct creation of a central point of access within the department for small business and entrepreneurial assistance; and (e) to direct development of a statewide clean energy strategy.  This act also directs additional efficiencies in state government, which will better enable the department of commerce to focus on its new mission.

      (3) The legislature finds that the department of commerce has conducted a credible process to identify the most critical economic needs of our state.  The legislature recognizes that to sustain a world-class innovation economy on a foundation of strong communities requires continuous improvement and focus on the fundamentals.  The legislature finds that the state's reputation as a center of innovative, cutting edge research and development will form the foundation of whole new markets, product categories, and industry clusters.  The legislature therefore affirms the department's mission, to focus on growing and improving jobs, and supports the eight priorities identified by the department in its 2009 report to the legislature:  (a) Improving the state's competitiveness; (b) strengthening education and workforce training; (c) investing in infrastructure; (d) increasing regulatory efficiency; (e) building community capacity; (f) focusing on rural economic development; (g) engaging with key industry sectors; and (h) helping small businesses succeed.

      (4)(a) The legislature recognizes that small businesses and entrepreneurs are a foundation of the state's economy yet they encounter many barriers to achieving long-term stability and growth.  Gaining access to capital, complying with complex government regulations, and competing successfully for market opportunities are among the challenges they face.  The legislature finds that state government must enhance its commitment to helping small businesses and entrepreneurs thrive, including finding ways to integrate and coordinate existing programs to make them more accessible and effective.  The legislature further finds that the mission of the department of commerce to growing and improving jobs in Washington makes it particularly well-suited to take a leadership role in these efforts.

      (b) The legislature therefore directs the department of commerce, beginning in fiscal year 2011, to create a central point of access within the department for small business and entrepreneurial assistance, and in collaboration with other agencies and partners over time, to (i) consolidate and expand small business financing services; (ii) develop and implement regulatory assistance initiatives; and (iii) institute innovative systems to connect small businesses and entrepreneurs to a broad array of technical assistance resources at the local, state, and federal levels.

      (c) The department shall report to appropriate legislative committees by December 1, 2010, on the milestones achieved and the future actions planned to meet the priorities described in subsections (3) and (4) of this section.

      (5)(a) The legislature recognizes that there are many strong community services and housing programs currently operating within the department and serving our most vulnerable individuals, families, and communities.  The legislature finds that some of these programs can readily be transferred beginning on July 1, 2010, to other mission-aligned agencies in state government.  However, the legislature finds that to maintain the strength and credibility of the majority of the department's community services and housing programs, it is necessary to create a separate division for them within the department and to develop a plan to establish a separate state government agency for them in the future.

      (b) The legislature directs the department of commerce to establish a single division to contain community services and housing programs that deliver essential services to individuals, families, and communities.  Services provided by the division shall include, but are not limited to:  (i) Homeless housing and assistance programs including transitional housing, emergency shelter grants, independent youth housing, housing assistance for persons with mental illness, and housing opportunities for people with AIDS; (ii) affordable housing development programs including the housing trust fund and low-income home energy assistance; (iii) farm worker housing; (iv) crime victims' advocacy and sexual assault services; (v) community mobilization against substance abuse and violence; (vi) asset building for working families; (vii) local and community projects including the building communities fund, building for the arts, and youth recreational facilities grants; (viii) dispute resolution centers; (ix) the Washington families fund; (x) community services block grants; (xi) community development block grants; (xii) child care facility fund; (xiii) WorkFirst community jobs; (xiv) long-term care ombudsman; (xv) state drug task forces; (xvi) justice assistance grants; (xvii) children and families of incarcerated parents; and (xviii) the Washington new Americans program.

      (c) The economic development committees in the house of representatives and the senate shall, in consultation with the governor and the department:  (i) Solicit information and advice from representatives of community, social services, and housing organizations at the local and state levels, including minority communities, people with disabilities, and other vulnerable populations; and (ii) develop a plan for consideration and action in the 2011 legislative session to establish a separate state government agency whose mission is focused on community services and housing.

                     (6) The department shall examine the functions and operations of agricultural commodity commissions in the state and collaborate with industry sector and cluster associations on legislation that would enable industries to develop self-financing systems for addressing industry-identified issues such as workforce training, international marketing, quality improvement, and technology deployment.  By December 1, 2010, the department shall report to the governor and the legislature on its findings and proposed legislation.

PART I

DEPARTMENT OF HEALTH--PUBLIC HEALTH

Sec. 101.  RCW 70.05.125 and 2009 c 479 s 48 are each amended to read as follows:

      (1) The county public health account is created in the state treasury.  Funds deposited in the county public health account shall be distributed by the state treasurer to each local public health jurisdiction based upon amounts certified to it by the department of ((community, trade, and economic development)) health in consultation with the Washington state association of counties.  The account shall include funds distributed under RCW 82.14.200(8) and such funds as are appropriated to the account from the state general fund, the public health services account under RCW 43.72.902, and such other funds as the legislature may appropriate to it.

      (2)(a) The ((director)) secretary of the department of ((community, trade, and economic development)) health shall certify the amounts to be distributed to each local public health jurisdiction using 1995 as the base year of actual city contributions to local public health.

      (b) Only if funds are available and in an amount no greater than available funds under RCW 82.14.200(8), the department of community, trade, and economic development shall adjust the amount certified under (a) of this subsection to compensate for any annexation of an area with fifty thousand residents or more to any city as a result of a petition during calendar year 1996 or 1997, or for any city that became newly incorporated as a result of an election during calendar year 1994 or 1995.  The amount to be adjusted shall be equal to the amount which otherwise would have been lost to the health jurisdiction due to the annexation or incorporation as calculated using the jurisdiction's 1995 funding formula.

      (c) The county treasurer shall certify the actual 1995 city contribution to the department.  Funds in excess of the base shall be distributed proportionately among the health jurisdictions based on incorporated population figures as last determined by the office of financial management.

      (3) Moneys distributed under this section shall be expended exclusively for local public health purposes.

NEW SECTION.  Sec. 102.  (1) All powers, duties, and functions of the department of commerce pertaining to county public health assistance are transferred to the department of health.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of health.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of health.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health.  All existing contracts and obligations shall remain in full force and shall be performed by the department of health.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) All classified employees of the department of commerce assigned to the department of health under this section whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

PART II

DEPARTMENT OF HEALTH--DEVELOPMENTAL DISABILITIES

Sec. 201.  RCW 43.330.210 and 2009 c 565 s 11 are each amended to read as follows:

      The developmental disabilities endowment governing board is established to design and administer the developmental disabilities endowment.  To the extent funds are appropriated for this purpose, the ((director)) secretary of the department ((of commerce)) shall provide staff and administrative support to the governing board.

      (1) The governing board shall consist of seven members as follows:

      (a) Three of the members, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as finance, actuarial science, management, business, or public policy.

      (b) Three members of the board, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as business, developmental disabilities service design, management, or public policy, and shall be family members of persons with developmental disabilities.

      (c) The seventh member of the board, who shall serve as chair of the board, shall be appointed by the remaining six members of the board.

      (2) Members of the board shall serve terms of four years and may be appointed for successive terms of four years at the discretion of the appointing authority.  However, the governor may stagger the terms of the initial six members of the board so that approximately one-fourth of the members' terms expire each year.

      (3) Members of the board shall be compensated for their service under RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (4) The board shall meet periodically as specified by the call of the chair, or a majority of the board.

      (5) Members of the governing board and the state investment board shall not be considered an insurer of the funds or assets of the endowment trust fund or the individual trust accounts.  Neither of these two boards or their members shall be liable for the action or inaction of the other.

      (6) Members of the governing board and the state investment board are not liable to the state, to the fund, or to any other person as a result of their activities as members, whether ministerial or discretionary, except for willful dishonesty or intentional violations of law.  The department and the state investment board, respectively, may purchase liability insurance for members.

Sec. 202.  RCW 43.330.240 and 2009 c 565 s 12 are each amended to read as follows:

      The department ((of commerce)) shall adopt rules for the implementation of policies established by the governing board in RCW 43.330.200 through 43.330.230 (as recodified by this act).  Such rules will be consistent with those statutes and chapter 34.05 RCW.

NEW SECTION.  Sec. 203.  The following sections are each recodified as sections in chapter 43.70 RCW:

      RCW 43.330.195

      RCW 43.330.200

      RCW 43.330.205

      RCW 43.330.210

      RCW 43.330.220

      RCW 43.330.225

      RCW 43.330.230

      RCW 43.330.240

NEW SECTION.  Sec. 204.  (1) All powers, duties, and functions of the department of commerce pertaining to the developmental disabilities endowment are transferred to the department of health.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of health.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of health.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health.  All existing contracts and obligations shall remain in full force and shall be performed by the department of health.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) All classified employees of the department of commerce assigned to the department of health under this section whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

PART III

BUILDING CODE COUNCIL

Sec. 301.  RCW 19.27.070 and 1995 c 399 s 8 are each amended to read as follows:

      There is hereby established a state building code council to be appointed by the governor.

      (1) The state building code council shall consist of fifteen members, two of whom shall be county elected legislative body members or elected executives and two of whom shall be city elected legislative body members or mayors.  One of the members shall be a local government building code enforcement official and one of the members shall be a local government fire service official.  Of the remaining nine members, one member shall represent general construction, specializing in commercial and industrial building construction; one member shall represent general construction, specializing in residential and multifamily building construction; one member shall represent the architectural design profession; one member shall represent the structural engineering profession; one member shall represent the mechanical engineering profession; one member shall represent the construction building trades; one member shall represent manufacturers, installers, or suppliers of building materials and components; one member shall be a person with a physical disability and shall represent the disability community; and one member shall represent the general public.  At least six of these fifteen members shall reside east of the crest of the Cascade mountains.  The council shall include:  Two members of the house of representatives appointed by the speaker of the house, one from each caucus; two members of the senate appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership.  Terms of office shall be for three years.  The council shall elect a member to serve as chair of the council for one-year terms of office.  Any member who is appointed by virtue of being an elected official or holding public employment shall be removed from the council if he or she ceases being such an elected official or holding such public employment.  Before making any appointments to the building code council, the governor shall seek nominations from recognized organizations which represent the entities or interests listed in this subsection.  Members serving on the council on July 28, 1985, may complete their terms of office.  Any vacancy shall be filled by alternating appointments from governmental and nongovernmental entities or interests until the council is constituted as required by this subsection.

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

      (3) The department of ((community, trade, and economic development)) general administration shall provide administrative and clerical assistance to the building code council.

Sec. 302.  RCW 19.27.097 and 1995 c 399 s 9 are each amended to read as follows:

      (1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building.  Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply.  In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency.  An application for a water right shall not be sufficient proof of an adequate water supply.

      (2) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply.  The departments of health and ecology shall coordinate on the implementation of this section.  Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of ((community, trade, and economic development)) general administration to mediate or, if necessary, make the determination.

      (3) Buildings that do not need potable water facilities are exempt from the provisions of this section.  The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.

Sec. 303.  RCW 19.27.150 and 1995 c 399 s 10 are each amended to read as follows:

      Every month a copy of the United States department of commerce, bureau of the census' "report of building or zoning permits issued and local public construction" or equivalent report shall be transmitted by the governing bodies of counties and cities to the department of ((community, trade, and economic development)) general administration.

Sec. 304.  RCW 19.27A.020 and 2009 c 423 s 4 are each amended to read as follows:

      (1) The state building code council shall adopt rules to be known as the Washington state energy code as part of the state building code.

      (2) The council shall follow the legislature's standards set forth in this section to adopt rules to be known as the Washington state energy code.  The Washington state energy code shall be designed to:

      (a) Construct increasingly energy efficient homes and buildings that help achieve the broader goal of building zero fossil-fuel greenhouse gas emission homes and buildings by the year 2031;

      (b) Require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework; and

      (c) Allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.

      (3) The Washington state energy code shall take into account regional climatic conditions.  Climate zone 1 shall include all counties not included in climate zone 2.  Climate zone 2 includes:  Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

      (4) The Washington state energy code for residential buildings shall be the 2006 edition of the Washington state energy code, or as amended by rule by the council.

      (5) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 2006 edition, or as amended by the council by rule.

      (6)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.

      (b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990.  Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.

      (7) The state building code council shall consult with the department of ((community, trade, and economic development)) general administration as provided in RCW 34.05.310 prior to publication of proposed rules.  The director of the department of ((community, trade, and economic development)) general administration shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.

      (8) The state building code council shall evaluate and consider adoption of the international energy conservation code in Washington state in place of the existing state energy code.

      (9) The definitions in RCW 19.27A.140 apply throughout this section.

Sec. 305.  RCW 19.27A.140 and 2009 c 423 s 2 are each amended to read as follows:

      The definitions in this section apply to RCW 19.27A.130 through 19.27A.190 and 19.27A.020 unless the context clearly requires otherwise.

      (1) "Benchmark" means the energy used by a facility as recorded monthly for at least one year and the facility characteristics information inputs required for a portfolio manager.

      (2) "Conditioned space" means conditioned space, as defined in the Washington state energy code.

      (3) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state.

      (4) "Cost-effectiveness" means that a project or resource is forecast:

      (a) To be reliable and available within the time it is needed; and

      (b) To meet or reduce the power demand of the intended consumers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource, or any combination thereof.

      (5) "Council" means the state building code council.

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

      (7))) "Embodied energy" means the total amount of fossil fuel energy consumed to extract raw materials and to manufacture, assemble, transport, and install the materials in a building and the life-cycle cost benefits including the recyclability and energy efficiencies with respect to building materials, taking into account the total sum of current values for the costs of investment, capital, installation, operating, maintenance, and replacement as estimated for the lifetime of the product or project.

      (((8))) (7) "Energy consumption data" means the monthly amount of energy consumed by a customer as recorded by the applicable energy meter for the most recent twelve-month period.

      (((9))) (8) "Energy service company" has the same meaning as in RCW 43.19.670.

      (((10))) (9) "General administration" means the department of general administration.

      (((11))) (10) "Greenhouse gas" and "greenhouse gases" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

      (((12))) (11) "Investment grade energy audit" means an intensive engineering analysis of energy efficiency and management measures for the facility, net energy savings, and a cost-effectiveness determination.

      (((13))) (12) "Investor-owned utility" means a corporation owned by investors that meets the definition of "corporation" as defined in RCW 80.04.010 and is engaged in distributing either electricity or natural gas, or both, to more than one retail electric customer in the state.

      (((14))) (13) "Major facility" means any publicly owned or leased building, or a group of such buildings at a single site, having ten thousand square feet or more of conditioned floor space.

      (((15))) (14) "National energy performance rating" means the score provided by the energy star program, to indicate the energy efficiency performance of the building compared to similar buildings in that climate as defined in the United States environmental protection agency "ENERGY STAR® Performance Ratings Technical Methodology."

      (((16))) (15) "Net zero energy use" means a building with net energy consumption of zero over a typical year.

      (((17))) (16) "Portfolio manager" means the United States environmental protection agency's energy star portfolio manager or an equivalent tool adopted by the department of general administration.

      (((18))) (17) "Preliminary energy audit" means a quick evaluation by an energy service company of the energy savings potential of a building.

      (((19))) (18) "Qualifying public agency" includes all state agencies, colleges, and universities.

      (((20))) (19) "Qualifying utility" means a consumer-owned or investor-owned gas or electric utility that serves more than twenty-five thousand customers in the state of Washington.

      (((21))) (20) "Reporting public facility" means any of the following:

      (a) A building or structure, or a group of buildings or structures at a single site, owned by a qualifying public agency, that exceed ten thousand square feet of conditioned space;

      (b) Buildings, structures, or spaces leased by a qualifying public agency that exceeds ten thousand square feet of conditioned space, where the qualifying public agency purchases energy directly from the investor-owned or consumer-owned utility;

      (c) A wastewater treatment facility owned by a qualifying public agency; or

      (d) Other facilities selected by the qualifying public agency.

      (((22))) (21) "State portfolio manager master account" means a portfolio manager account established to provide a single shared portfolio that includes reports for all the reporting public facilities.

Sec. 306.  RCW 19.27A.150 and 2009 c 423 s 3 are each amended to read as follows:

      (1) To the extent that funding is appropriated specifically for the purposes of this section, the department of commerce shall develop and implement a strategic plan for enhancing energy efficiency in and reducing greenhouse gas emissions from homes, buildings, districts, and neighborhoods.  The strategic plan must be used to help direct the future code increases in RCW 19.27A.020, with targets for new buildings consistent with RCW 19.27A.160.  The strategic plan will identify barriers to achieving net zero energy use in homes and buildings and identify how to overcome these barriers in  future energy code updates and through complementary policies.

      (2) The department of commerce must complete and release the strategic plan to the legislature and the council by December 31, 2010, and update the plan every three years.

      (3) The strategic plan must include recommendations to the council on energy code upgrades.  At a minimum, the strategic plan must:

      (a) Consider development of aspirational codes separate from the state energy code that contain economically and technically feasible optional standards that could achieve higher energy efficiency for those builders that elected to follow the aspirational codes in lieu of or in addition to complying with the standards set forth in the state energy code;

      (b) Determine the appropriate methodology to measure achievement of state energy code targets using the United States environmental protection agency's target finder program or equivalent methodology;

      (c) Address the need for enhanced code training and enforcement;

      (d) Include state strategies to support research, demonstration,  and education programs designed to achieve a seventy percent reduction in annual net energy consumption as specified in RCW 19.27A.160 and enhance energy efficiency and on-site renewable energy production in buildings;

      (e) Recommend incentives, education, training programs and certifications, particularly state-approved training or certification programs, joint apprenticeship programs, or labor-management partnership programs that train workers for energy-efficiency projects to ensure proposed programs are designed to increase building professionals' ability to design, construct, and operate buildings that will meet the seventy percent reduction in annual net energy consumption as specified in RCW 19.27A.160;

      (f) Address barriers for utilities to serve net zero energy homes and buildings and policies to overcome those barriers;

      (g) Address the limits of a prescriptive code in achieving net zero energy use homes and buildings and propose a transition to performance-based codes;

      (h) Identify financial mechanisms such as tax incentives, rebates, and innovative financing to motivate energy consumers to take action to increase energy efficiency and their use of on-site renewable energy.  Such incentives, rebates, or financing options may consider the role of government programs as well as utility-sponsored programs;

      (i) Address the adequacy of education and technical assistance, including school curricula, technical training, and peer-to-peer exchanges for professional and trade audiences;

      (j) Develop strategies to develop and install district and neighborhood-wide energy systems that help meet net zero energy use in homes and buildings;

      (k) Identify costs and benefits of energy efficiency measures on residential and nonresidential construction; and

      (l) Investigate methodologies and standards for the measurement of the amount of embodied energy used in building materials.

      (4) The department of commerce and the council shall convene a work group with the affected parties to inform the initial development of the strategic plan.

Sec. 307.  RCW 19.27A.180 and 2009 c 423 s 7 are each amended to read as follows:

      By December 31, 2009, to the extent that funding is appropriated specifically for the purposes of this section, the department of commerce shall develop and recommend to the legislature a methodology to determine an energy performance score for residential buildings and an implementation strategy to use such information to improve the energy efficiency of the state's existing housing supply.  In developing its strategy, the department of commerce shall seek input from providers of residential energy audits, utilities, building contractors, mixed use developers, the residential real estate industry, and real estate listing and form providers.

NEW SECTION.  Sec. 308.  (1) All powers, duties, and functions of the department of commerce pertaining to administrative and support services for the state building code council are transferred to the department of general administration.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the department of general administration when referring to the functions transferred in this section.  Policy and planning assistance functions performed by the department of commerce remain with the department of commerce.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of general administration.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of general administration.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of general administration.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of general administration.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of general administration.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of general administration to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of general administration.  All existing contracts and obligations shall remain in full force and shall be performed by the department of general administration.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of general administration under this section whose positions are within an existing bargaining unit description at the department of general administration shall become a part of the existing bargaining unit at the department of general administration and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

PART IV

DEPARTMENT OF COMMERCE--ENERGY POLICY

Sec. 401.  RCW 43.21F.010 and 1975-'76 2nd ex.s. c 108 s 1 are each amended to read as follows:

(1) The legislature finds that the state needs to implement a comprehensive energy planning process that:

      (a) Is based on unbiased analysis;

      (b) Engages public agencies and stakeholders in a thoughtful, deliberative process that creates a cohesive plan that earns sustained support of the public and the organizations and institutions that will ultimately be responsible for implementation and execution of the plan; and

      (c) Establishes policies and practices needed to ensure the effective implementation of the strategy.

      (2) The legislature further finds that energy drives the entire modern economy from petroleum for vehicles to electricity to light homes and power businesses.  The legislature further finds that the nation and the world have started the transition to a clean energy economy, with significant improvements in energy efficiency and investments in new clean and renewable energy resources and technologies.  The legislature further finds this transition may increase energy costs and that these cost increases must be fair and reasonable.

      (3) The legislature finds and declares that it is the continuing purpose of state government, consistent with other essential considerations of state policy, to foster wise and efficient energy use and to promote energy self-sufficiency through the use of indigenous and renewable energy sources, consistent with the promotion of reliable energy sources, the general welfare, and the protection of environmental quality.

(4) The legislature further declares that a successful state energy strategy shall be guided by the following three goals:

      (a) Maintain competitive energy prices that are fair and reasonable for consumers and businesses and support our state's continued economic success;

      (b) Increase competitiveness by fostering a clean energy economy and jobs through business and workforce development; and

      (c) Meet the state's obligations to reduce greenhouse gas emissions.

Sec. 402.  RCW 43.21F.025 and 2009 c 565 s 27 are each reenacted and amended to read as follows:

      (1) "Assistant director" means the assistant director of the department of commerce responsible for energy policy activities;

      (2) "Department" means the department of commerce;

      (3) "Director" means the director of the department of commerce;

      (4) "Distributor" means any person, private corporation, partnership, individual proprietorship, utility, including investor-owned utilities, municipal utility, public utility district, joint operating agency, or cooperative, which engages in or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state;

      (5) "Energy" means petroleum or other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear material; electricity; solar radiation; geothermal resources; hydropower; organic waste products; wind; tidal activity; any other substance or process used to produce heat, light, or motion; or the savings from nongeneration technologies, including conservation or improved efficiency in the usage of any of the sources described in this subsection;

      (6) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, joint operating agency, or any other entity, public or private, however organized; and

      (7) "State energy strategy" means the document ((and energy policy direction)) developed ((under section 1, chapter 201, Laws of 1991 including any related appendices)) and updated by the department under RCW 43.21F.090.

NEW SECTION.  Sec. 403.  A new section is added to chapter 43.21F RCW to read as follows:

      (1) The state shall use the following principles to guide development and implementation of the state's energy strategy and to meet the goals of RCW 43.21F.010:

      (a) Pursue all cost-effective energy efficiency and conservation as the state's preferred energy resource;

      (b) Ensure that the state's energy system meets the health, welfare, and economic needs of its citizens with particular emphasis on meeting the needs of low-income and vulnerable populations;

      (c) Maintain and enhance economic competitiveness by ensuring an affordable and reliable supply of energy resources and by supporting clean energy technology innovation, access to clean energy markets worldwide, and clean energy business and workforce development;

      (d) Reduce dependence on fossil fuel energy sources through improved efficiency and development of cleaner energy sources, such as bioenergy, low-carbon energy sources, and natural gas;

      (e) Improve efficiency of transportation energy use through advances in vehicle technology, increased system efficiencies, development of electricity, biofuels, and other clean fuels, and regional transportation planning to improve transportation choices;

      (f) Meet the state's statutory climate change goals and targets and other environmental requirements as the state develops and uses energy resources;

      (g) Build on the advantage provided by the state's clean regional electrical grid by expanding and integrating additional carbon-free and carbon-neutral renewable energy generation and improving the transmission capacity serving the state;

      (h) Make state government a model for energy efficiency, use of clean and renewable energy, and greenhouse gas-neutral operations; and

      (i) Maintain and enhance our state's existing energy infrastructure.

      (2) The department shall:

      (a) During energy shortage emergencies, give priority in the allocation of energy resources to maintaining the public health, safety, and welfare of the state's citizens and industry in order to minimize adverse impacts on their physical, social, and economic well-being;

      (b) Develop and disseminate impartial and objective energy information and analysis, while taking full advantage of the capabilities of the state's institutions of higher education, national laboratory, and other organizations with relevant expertise and analytical capabilities;

      (c) Actively seek to maximize federal and other nonstate funding and support to the state for energy efficiency, renewable energy, emerging energy technologies, and other activities of benefit to the state's overall energy future; and

      (d) Monitor the actions of all agencies of the state for consistent implementation of the state's energy policy including applicable statutory policies and goals relating to energy supply and use.

Sec. 404.  RCW 43.21F.090 and 1996 c 186 s 106 are each amended to read as follows:

(1)(a) By December 1, 2010, the department ((shall review the state energy strategy as developed under section 1, chapter 201, Laws of 1991, periodically with the guidance of an advisory committee.  For each review, an advisory committee shall be established with a membership resembling as closely as possible the original energy strategy advisory committee specified under section 1, chapter 201, Laws of 1991.  Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, a written report shall be conveyed by the department to the governor and the appropriate legislative committees.  Any advisory committee established under this section shall be dissolved within three months after their written report is conveyed.)) of commerce shall update and revise the state energy strategy and implementation report with the guidance of an advisory committee formed under subsection (4) of this section.  By December 1, 2011, by December 1, 2014, and every four years thereafter, the department shall, with the advisory committee's guidance, produce a fully updated state energy strategy and implementation report.

      (b) The 2010 state energy strategy update and each future update or revision must be approved by the legislature by concurrent resolution before the department may implement the strategy.

      (2)(a) The strategy shall, to the maximum extent feasible, examine the state's entire energy system.

      (b) In producing and updating the energy strategy, the department and advisory committee shall review related processes and documents relevant to a state energy strategy, including but not limited to, prior state energy strategies, the work of the clean energy leadership council, the climate advisory and action teams, the evergreen jobs committee, reports of state transportation planning commission, economic development commission, and the northwest power and conservation council.

      (c) The strategy must build upon and be consistent with all relevant and applicable statutorily authorized energy, environmental, and other policies, goals, and programs.

      (d) The strategy must identify administrative actions, regulatory coordination, and recommendations for legislation that need to be undertaken to ensure that the energy strategy is implemented and operationally supported by all state agencies, regulatory bodies, and other organizations responsible for implementation of energy policy in the state.

      (3)(a) In order to facilitate decision making by the department and the advisory committee as provided in subsection (4) of this section, the director of the department shall engage a group of scientific, engineering, economic, and other experts in energy analysis.

      (b) The group shall be comprised of representatives from the following institutions:

      (i) Research institutions of higher education;

      (ii) Pacific northwest national laboratory;

      (iii) Northwest power and conservation council; and

      (iv) Other private, public, and nonprofit organizations that have recognized expertise in engineering or economic analysis.

      (c) This group shall:

      (i) Identify near-term and long-term analytical needs and capabilities necessary to develop a state energy strategy; and

      (ii) Provide unbiased information about the state's and region's energy portfolio, future energy needs, scenarios for growth, and improved productivity.

      (4)(a) In order to update the state energy strategy, the department shall form an advisory committee.  The director shall appoint the advisory committee with a membership reflecting a balance of the interests in energy generation, distribution, consumption, and economic development including:  Residential, commercial, industrial, and agricultural users; electric and natural gas utilities or organizations, both consumer-owned and investor-owned; liquid fuel and natural gas industries; local governments; labor; civic and environmental organizations; clean energy companies; energy research and development organizations; economic development organizations; key public agencies; and other interested stakeholders.  The president of the senate shall appoint one member from each of the two largest caucuses of the senate and the speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives to serve as ex-officio members of the advisory committee.  The department shall work with stakeholders and other state agencies to develop the strategy.

      (b) Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the state energy strategy, the department shall present a written report to the governor and appropriate legislative committees which may include specific actions that will be needed to implement the strategy.  Any advisory committee established under this section must be dissolved within three months after the written report is conveyed.

      (5) The department may periodically review and update the state energy strategy, as necessary.  The department shall engage an advisory committee as required in this section when updating the strategy and present any updates to the legislature for its approval.

      (6) To assist in updates of the state energy strategy, the department shall actively seek both in-kind and financial support for this process from nonstate sources.  In order to avoid competition among Washington state agencies, the department of commerce shall coordinate the search for such external support.  The department shall develop a work plan for updating the energy strategy that reflects the levels of activities and deliverables commensurate with the level of funding and in-kind support available from state and nonstate sources.

NEW SECTION.  Sec. 405.  RCW 43.21F.015 (State policy) and 1994 c 207 s 3 & 1981 c 295 s 1 are each repealed.

PART V

CRIMINAL JUSTICE TRAINING COMMISSION--DRUG

PROSECUTION ASSISTANCE PROGRAM

Sec. 501.  RCW 36.27.100 and 1995 c 399 s 41 are each amended to read as follows:

      The legislature recognizes that, due to the magnitude or volume of offenses in a given area of the state, there is a recurring need for supplemental assistance in the prosecuting of drug and drug-related offenses that can be directed to the area of the state with the greatest need for short-term assistance.  A statewide drug prosecution assistance program is created within the ((department of community, trade, and economic development)) criminal justice training commission to assist county prosecuting attorneys in the prosecution of drug and drug-related offenses.

NEW SECTION.  Sec. 502.  (1) All powers, duties, and functions of the department of commerce pertaining to the drug prosecution assistance program are transferred to the criminal justice training commission.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the criminal justice training commission when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the criminal justice training commission.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the criminal justice training commission.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the criminal justice training commission.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the criminal justice training commission.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the criminal justice training commission.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the criminal justice training commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the criminal justice training commission.  All existing contracts and obligations shall remain in full force and shall be performed by the criminal justice training commission.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the criminal justice training commission under this section whose positions are within an existing bargaining unit description at the criminal justice training commission shall become a part of the existing bargaining unit at the criminal justice training commission  and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

PART VI

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION--ENERGY

Sec. 601.  RCW 80.50.030 and 2001 c 214 s 4 are each amended to read as follows:

      (1) There is created and established the energy facility site evaluation council.

      (2)(a) The chair of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause.  The chair may designate a member of the council to serve as acting chair in the event of the chair's absence.  The salary of the chair shall be determined under RCW 43.03.040.  The chair is a "state employee" for the purposes of chapter 42.52 RCW.  As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.

      (b) The chair or a designee shall execute all official documents, contracts, and other materials on behalf of the council.  The Washington ((state department of community, trade, and economic development)) utilities and transportation commission shall provide all administrative and staff support for the council.  The ((director of the department of community, trade, and economic development)) commission has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter.  Not more than three such employees may be exempt from chapter 41.06 RCW.  The council shall otherwise retain its independence in exercising its powers, functions, and duties and its supervisory control over nonadministrative staff support.  Membership, powers, functions, and duties of the Washington state utilities and transportation commission and the council shall otherwise remain as provided by law.

      (3)(a) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

      (i) Department of ecology;

      (ii) Department of fish and wildlife;

      (iii) Department of ((community, trade, and economic development)) commerce;

      (iv) Utilities and transportation commission; and

      (v) Department of natural resources.

      (b) The directors, administrators, or their designees, of the following departments, agencies, and commissions, or their statutory successors, may participate as councilmembers at their own discretion provided they elect to participate no later than sixty days after an application is filed:

      (i) Department of agriculture;

      (ii) Department of health;

      (iii) Military department; and

      (iv) Department of transportation.

      (c) Council membership is discretionary for agencies that choose to participate under (b) of this subsection only for applications that are filed with the council on or after May 8, 2001.  For applications filed before May 8, 2001, council membership is mandatory for those agencies listed in (b) of this subsection.

      (4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

      (5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

      (6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.  The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

NEW SECTION.  Sec. 602.  (1) All administrative powers, duties, and functions of the department of commerce pertaining to the energy facility site evaluation council are transferred to the Washington utilities and transportation commission.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the Washington utilities and transportation commission when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington utilities and transportation commission.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the Washington utilities and transportation commission.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington utilities and transportation commission.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Washington utilities and transportation commission.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington utilities and transportation commission.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington utilities and transportation commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington utilities and transportation commission.  All existing contracts and obligations shall remain in full force and shall be performed by the Washington utilities and transportation commission.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the Washington utilities and transportation commission under this section whose positions are within an existing bargaining unit description at the Washington utilities and transportation commission shall become a part of the existing bargaining unit at the Washington utilities and transportation commission and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

PART VII

MUNICIPAL RESEARCH COUNCIL

Sec. 701.  RCW 43.110.030 and 2000 c 227 s 3 are each amended to read as follows:

(1) The ((municipal research council)) department of commerce shall contract for the provision of municipal research and services to cities, towns, and counties.  Contracts for municipal research and services shall be made with state agencies, educational institutions, or private consulting firms, that in the judgment of ((council members)) the department are qualified to provide such research and services.  Contracts for staff support may be made with state agencies, educational institutions, or private consulting firms that in the judgment of the ((council members)) department are qualified to provide such support.

(2) Municipal research and services shall consist of:

      (((1))) (a) Studying and researching city, town, and county government and issues relating to city, town, and county government;

      (((2))) (b) Acquiring, preparing, and distributing publications related to city, town, and county government and issues relating to city, town, and county government;

      (((3))) (c) Providing educational conferences relating to city, town, and county government and issues relating to city, town, and county government; and

      (((4))) (d) Furnishing legal, technical, consultative, and field services to cities, towns, and counties concerning planning, public health, utility services, fire protection, law enforcement, public works, and other issues relating to city, town, and county government.

(3) Requests for legal services by county officials shall be sent to the office of the county prosecuting attorney.  Responses by the ((municipal research council)) department of commerce to county requests for legal services shall be provided to the requesting official and the county prosecuting attorney.

(4) The ((activities, programs, and services of the municipal research council shall be carried on in cooperation)) department of commerce shall coordinate with the association of Washington cities and the Washington state association of counties in carrying out the activities in this section.  Services to cities and towns shall be based upon the moneys appropriated to the ((municipal research council)) department from the city and town research services account under RCW 43.110.060.  Services to counties shall be based upon the moneys appropriated to the ((municipal research council)) department from the county research services account under RCW 43.110.050.

Sec. 702.  RCW 43.110.060 and 2002 c 38 s 4 are each amended to read as follows:

      The city and town research services account is created in the state treasury.  Moneys in the account shall consist of amounts transferred under RCW 66.08.190(2) and any other transfers or appropriations to the account.  Moneys in the account may be spent only after an appropriation.  Expenditures from the account may be used only for city and town research.

      All unobligated moneys remaining in the account at the end of the fiscal biennium shall be distributed by the treasurer to the incorporated cities and towns of the state in the same manner as the distribution under RCW 66.08.190(1)(b)(iii).

      ((The treasurer may disburse amounts appropriated to the municipal research council from the city and town research services account by warrant or check to the contracting parties on invoices or vouchers certified by the chair of the municipal research council or his or her designee.))  Payments to public agencies may be made in advance of actual work contracted for, at the discretion of the ((council)) department of commerce.

Sec. 703.  RCW 43.110.080 and 2006 c 328 s 1 are each amended to read as follows:

      (1) The ((municipal research council)) department of commerce shall contract for the provision of research and services to special purpose districts.  A contract shall be made with a state agency, educational institution, or private consulting firm, that in the judgment of ((council members)) the department is qualified to provide such research and services.

      (2) Research and services to special purpose districts shall consist of:

      (a) Studying and researching issues relating to special purpose district government;

      (b) Acquiring, preparing, and distributing publications related to special purpose districts; and

      (c) Furnishing legal, technical, consultative, and field services to special purpose districts concerning issues relating to special purpose district government.

      (3) The ((activities, programs, and services of the municipal research council to special purpose districts shall be carried on in cooperation)) department of commerce shall coordinate with the associations representing the various special purpose districts with respect to carrying out the activities in this section.  Services to special purpose districts shall be based upon the moneys appropriated to the ((municipal research council)) department of commerce from the special purpose district research services account under RCW 43.110.090.

Sec. 704.  RCW 43.15.020 and 2009 c 560 s 27 are each amended to read as follows:

      The lieutenant governor serves as president of the senate and is responsible for making appointments to, and serving on, the committees and boards as set forth in this section.

      (1) The lieutenant governor serves on the following boards and committees:

      (a) Capitol furnishings preservation committee, RCW 27.48.040;

      (b) Washington higher education facilities authority, RCW 28B.07.030;

      (c) Productivity board, also known as the employee involvement and recognition board, RCW 41.60.015;

      (d) State finance committee, RCW 43.33.010;

      (e) State capitol committee, RCW 43.34.010;

      (f) Washington health care facilities authority, RCW 70.37.030;

      (g) State medal of merit nominating committee, RCW 1.40.020;

      (h) Medal of valor committee, RCW 1.60.020; and

      (i) Association of Washington generals, RCW 43.15.030.

      (2) The lieutenant governor, and when serving as president of the senate, appoints members to the following boards and committees:

      (a) Civil legal aid oversight committee, RCW 2.53.010;

      (b) Office of public defense advisory committee, RCW 2.70.030;

      (c) Washington state gambling commission, RCW 9.46.040;

      (d) Sentencing guidelines commission, RCW 9.94A.860;

      (e) State building code council, RCW 19.27.070;

      (f) Women's history consortium board of advisors, RCW 27.34.365;

      (g) Financial ((literacy)) education public-private partnership, RCW 28A.300.450;

      (h) Joint administrative rules review committee, RCW 34.05.610;

      (i) Capital projects advisory review board, RCW 39.10.220;

      (j) Select committee on pension policy, RCW 41.04.276;

      (k) Legislative ethics board, RCW 42.52.310;

      (l) Washington citizens' commission on salaries, RCW 43.03.305;

      (m) Legislative oral history committee, RCW 44.04.325;

      (n) State council on aging, RCW 43.20A.685;

      (o) State investment board, RCW 43.33A.020;

      (p) Capitol campus design advisory committee, RCW 43.34.080;

      (q) Washington state arts commission, RCW 43.46.015;

      (r) Information services board, RCW 43.105.032;

      (s) K-20 educational network board, RCW 43.105.800;

      (t) ((Municipal research council, RCW 43.110.010;

      (u))) Council for children and families, RCW 43.121.020;

      (((v))) (u) PNWER-Net working subgroup under chapter 43.147 RCW;

      (((w))) (v) Community economic revitalization board, RCW 43.160.030;

      (((x))) (w) Washington economic development finance authority, RCW 43.163.020;

      (((y))) (x) Life sciences discovery fund authority, RCW 43.350.020;

      (((z))) (y) Legislative children's oversight committee, RCW 44.04.220;

      (((aa))) (z) Joint legislative audit and review committee, RCW 44.28.010;

      (((bb))) (aa) Joint committee on energy supply and energy conservation, RCW 44.39.015;

      (((cc))) (bb) Legislative evaluation and accountability program committee, RCW 44.48.010;

      (((dd))) (cc) Agency council on coordinated transportation, RCW 47.06B.020;

      (((ee))) (dd) Manufactured housing task force, RCW 59.22.090;

      (((ff))) (ee) Washington horse racing commission, RCW 67.16.014;

      (((gg))) (ff) Correctional industries board of directors, RCW 72.09.080;

      (((hh))) (gg) Joint committee on veterans' and military affairs, RCW 73.04.150;

      (((ii))) (hh) Joint legislative committee on water supply during drought, RCW 90.86.020;

      (((jj))) (ii) Statute law committee, RCW 1.08.001; and

      (((kk))) (jj) Joint legislative oversight committee on trade policy, RCW 44.55.020.

Sec. 705.  RCW 35.21.185 and 1995 c 21 s 1 are each amended to read as follows:

      (1) It is the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may be of assistance to them in enacting appropriate local legislation.

      (2) For the purposes of this section, (a) "Clerk" means the city or town Clerk or other person who is lawfully designated to perform the recordkeeping function of that office, and (b) "((municipal research council)) department" means the ((municipal research council created by chapter 43.110 RCW)) department of commerce.

      (3) The Clerk of every city and town is directed to provide to the ((municipal research council)) department or its designee, promptly after adoption, a copy of each of its regulatory ordinances and such other ordinances or kinds of ordinances as may be described in a list or lists promulgated by the ((municipal research council)) department or its designee from time to time, and may provide such copies without charge.  The ((municipal research council)) department may provide that information to the entity with which it contracts for the provision of municipal research and services, in order to provide a pool of information for all cities and towns in the state of Washington.

      (4) This section is intended to be directory and not mandatory.

Sec. 706.  RCW 35.102.040 and 2006 c 301 s 7 are each amended to read as follows:

      (1)(a) The cities, working through the association of Washington cities, shall form a model ordinance development committee made up of a representative sampling of cities that as of July 27, 2003, impose a business and occupation tax.  This committee shall work through the association of Washington cities to adopt a model ordinance on municipal gross receipts business and occupation tax.  The model ordinance and subsequent amendments shall be adopted using a process that includes opportunity for substantial input from business stakeholders and other members of the public.  Input shall be solicited from statewide business associations and from local chambers of commerce and downtown business associations in cities that levy a business and occupation tax.

      (b) The ((municipal research council)) department of commerce shall contract to post the model ordinance on an internet web site and to make paper copies available for inspection upon request.  The department of revenue and the department of licensing shall post copies of or links to the model ordinance on their internet web sites.  Additionally, a city that imposes a business and occupation tax must make copies of its ordinance available for inspection and copying as provided in chapter 42.56 RCW.

      (c) The definitions and tax classifications in the model ordinance may not be amended more frequently than once every four years, however the model ordinance may be amended at any time to comply with changes in state law.  Any amendment to a mandatory provision of the model ordinance must be adopted with the same effective date by all cities.

      (2) A city that imposes a business and occupation tax must adopt the mandatory provisions of the model ordinance.  The following provisions are mandatory:

      (a) A system of credits that meets the requirements of RCW 35.102.060 and a form for such use;

      (b) A uniform, minimum small business tax threshold of at least the equivalent of twenty thousand dollars in gross income annually.  A city may elect to deviate from this requirement by creating a higher threshold or exemption but it shall not deviate lower than the level required in this subsection.  If a city has a small business threshold or exemption in excess of that provided in this subsection as of January 1, 2003, and chooses to deviate below the threshold or exemption level that was in place as of January 1, 2003, the city must notify all businesses licensed to do business within the city at least one hundred twenty days prior to the potential implementation of a lower threshold or exemption amount;

      (c) Tax reporting frequencies that meet the requirements of RCW 35.102.070;

      (d) Penalty and interest provisions that meet the requirements of RCW 35.102.080 and 35.102.090;

      (e) Claim periods that meet the requirements of RCW 35.102.100;

      (f) Refund provisions that meet the requirements of RCW 35.102.110; and

      (g) Definitions, which at a minimum, must include the definitions enumerated in RCW 35.102.030 and 35.102.120.  The definitions in chapter 82.04 RCW shall be used as the baseline for all definitions in the model ordinance, and any deviation in the model ordinance from these definitions must be described by a comment in the model ordinance.

      (3) Except for the deduction required by RCW 35.102.160 and the system of credits developed to address multiple taxation under subsection (2)(a) of this section, a city may adopt its own provisions for tax exemptions, tax credits, and tax deductions.

      (4) Any city that adopts an ordinance that deviates from the nonmandatory provisions of the model ordinance shall make a description of such differences available to the public, in written and electronic form.

Sec. 707.  RCW 36.70B.220 and 2005 c 274 s 272 are each amended to read as follows:

      (1) Each county and city having populations of ten thousand or more that plan under RCW 36.70A.040 shall designate permit assistance staff whose function it is to assist permit applicants.  An existing employee may be designated as the permit assistance staff.

      (2) Permit assistance staff designated under this section shall:

      (a) Make available to permit applicants all current local government regulations and adopted policies that apply to the subject application.  The local government shall provide counter copies thereof and, upon request, provide copies according to chapter 42.56 RCW.  The staff shall also publish and keep current one or more handouts containing lists and explanations of all local government regulations and adopted policies;

      (b) Establish and make known to the public the means of obtaining the handouts and related information; and

      (c) Provide assistance regarding the application of the local government's regulations in particular cases.

      (3) Permit assistance staff designated under this section may obtain technical assistance and support in the compilation and production of the handouts under subsection (2) of this section from the ((municipal research council and the department of community, trade, and economic development)) department of commerce.

NEW SECTION.  Sec. 708.  The following acts or parts of acts are each repealed:

      (1) RCW 43.110.010 (Council created‑-Membership‑-Terms‑-Travel expenses) and 2001 c 290 s 1, 1997 c 437 s 1, 1990 c 104 s 1, 1983 c 22 s 1, 1975-'76 2nd ex.s. c 34 s 129, 1975 1st ex.s. c 218 s 1, & 1969 c 108 s 2;

      (2) RCW 43.110.040 (Local government regulation and policy handouts‑-Technical assistance) and 1996 c 206 s 10; and

      (3) RCW 43.110.070 (Hazardous liquid and gas pipeline‑-Model ordinance and franchise agreement) and 2000 c 191 s 8.

NEW SECTION.  Sec. 709.  (1) The municipal research council is hereby abolished and its powers, duties, and functions are hereby transferred to the department of commerce.  All references to the municipal research council in the Revised Code of Washington shall be construed to mean the department of commerce.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the municipal research council shall be delivered to the custody of the department of commerce.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the municipal research council shall be made available to the department of commerce.  All funds, credits, or other assets held by the municipal research council shall be assigned to the department of commerce.

      (b) Any appropriations made to the municipal research council shall, on the effective date of this section, be transferred and credited to the department of commerce.

      (c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All rules and all pending business before the municipal research council shall be continued and acted upon by the department of commerce.  All existing contracts and obligations shall remain in full force and shall be performed by the department of commerce.

      (4) The transfer of the powers, duties, and functions of the municipal research council shall not affect the validity of any act performed before the effective date of this section.

      (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

PART VIII

MISCELLANEOUS PROVISIONS

Sec. 801.  RCW 41.06.070 and 2009 c 33 s 36 and 2009 c 5 s 1 are each reenacted and amended to read as follows:

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

      (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;

      (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

      (c) Officers, academic personnel, and employees of technical colleges;

      (d) The officers of the Washington state patrol;

      (e) Elective officers of the state;

      (f) The chief executive officer of each agency;

      (g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

      (h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

      (i) All members of such boards, commissions, or committees;

      (ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer:  The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;

      (iii) If the members of the board, commission, or committee serve on a full-time basis:  The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;

      (iv) If all members of the board, commission, or committee serve ex officio:  The chief executive officer; and the confidential secretary of such chief executive officer;

      (i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

      (j) Assistant attorneys general;

      (k) Commissioned and enlisted personnel in the military service of the state;

      (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;

      (m) The public printer or to any employees of or positions in the state printing plant;

      (n) Officers and employees of the Washington state fruit commission;

      (o) Officers and employees of the Washington apple commission;

      (p) Officers and employees of the Washington state dairy products commission;

      (q) Officers and employees of the Washington tree fruit research commission;

      (r) Officers and employees of the Washington state beef commission;

      (s) Officers and employees of the Washington grain commission;

      (t) Officers and employees of any commission formed under chapter 15.66 RCW;

      (u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

      (v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

      (w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

      (x) In each agency with fifty or more employees:  Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

      (y) All employees of the marine employees' commission;

      (z) A maximum of six staff employed by the department of ((community, trade, and economic development)) commerce to administer ((energy)) innovation and policy functions ((and manage)), including the three principal policy assistants exempted under (1)(x) of this subsection;

      (aa) The manager of the energy site evaluation council ((activities under RCW 43.21F.045(2)(m))); and

      (((aa))) (bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5).

      (2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

      (a) Members of the governing board of each institution of higher education and related boards, all presidents, vice presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;

      (b) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board:  PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;

      (c) Printing craft employees in the department of printing at the University of Washington.

      (3) In addition to the exemptions specifically provided by this chapter, the director of personnel may provide for further exemptions pursuant to the following procedures.  The governor or other appropriate elected official may submit requests for exemption to the director of personnel stating the reasons for requesting such exemptions.  The director of personnel shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection.  If the director determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the director of personnel shall grant the request and such determination shall be final as to any decision made before July 1, 1993.  The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor.

      The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v) and (y) and (2) of this section, shall be determined by the director of personnel.  Changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.

      For the twelve months following February 18, 2009, a salary or wage increase shall not be granted to any position exempt from classification under this chapter.

      Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights:  If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

NEW SECTION.  Sec. 802.  RCW 43.63A.150 is decodified.

NEW SECTION.  Sec. 803.  This act takes effect July 1, 2010."

Correct the title.

 

Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Chase; Liias; Moeller and Probst.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Smith, Ranking Minority Member; Orcutt and Parker.

 

Referred to Committee on Ways & Means.

 

February 22, 20100)

SSB 6520            Prime Sponsor, Committee on Agriculture & Rural Economic Development: Extending time to complete recommendations under RCW 36.70A.5601 conducted by the William D. Ruckelshaus Center.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 36.70A.560 and 2007 c 353 s 2 are each amended to read as follows:

      (1) For the period beginning May 1, 2007, and concluding July 1, ((2010)) 2011, counties and cities may not amend or adopt critical area ordinances under RCW 36.70A.060(2) as they specifically apply to agricultural activities.  Nothing in this section:

      (a) Nullifies critical area ordinances adopted by a county or city prior to May 1, 2007, to comply with RCW 36.70A.060(2);

      (b) Limits or otherwise modifies the obligations of a county or city to comply with the requirements of this chapter pertaining to critical areas not associated with agricultural activities; or

      (c) Limits the ability of a county or city to adopt or employ voluntary measures or programs to protect or enhance critical areas associated with agricultural activities.

      (2) Counties and cities subject to deferral requirements under subsection (1) of this section:

      (a) Should implement voluntary programs to enhance public resources and the viability of agriculture.  Voluntary programs implemented under this subsection (2)(a) must include measures to evaluate the successes of these programs; and

      (b) Must review and, if necessary, revise critical area ordinances as they specifically apply to agricultural activities to comply with the requirements of this chapter by December 1, ((2011)) 2012.

      (3) For purposes of this section and RCW 36.70A.5601, "agricultural activities" means agricultural uses and practices currently existing or legally allowed on rural land or agricultural land designated under RCW 36.70A.170 including, but not limited to:  Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, when the replacement facility is no closer to a critical area than the original facility; and maintaining agricultural lands under production or cultivation.

Sec. 2.  RCW 36.70A.5601 and 2007 c 353 s 3 are each amended to read as follows:

      (1) ((Subject to the availability of amounts appropriated for this specific purpose,)) The William D. Ruckelshaus Center must conduct an examination of the conflicts between agricultural activities and critical area ordinances adopted under chapter 36.70A RCW.  The examination required by this section must commence by July 1, 2007.

      (2) In fulfilling the requirements of this section, the center must:  (a) Work and consult with willing participants including, but not limited to, agricultural, environmental, tribal, and local government interests; and (b) involve and apprise legislators and legislative staff of its efforts.

      (3) The examination conducted by the center must be completed in two distinct phases in accordance with the following:

      (a) In the first phase, the center must conduct fact-finding and stakeholder discussions with stakeholders identified in subsection (2) of this section.  These discussions must identify stakeholder concerns, desired outcomes, opportunities, and barriers.  The fact-finding must identify existing regulatory, management, and scientific information related to agricultural activities and critical areas including, but not limited to:  (i) Critical area ordinances adopted under chapter 36.70A RCW; (ii) acreage enrolled in the conservation reserve enhancement program; (iii) acreage protected by conservation easements; (iv) buffer widths; (v) requirements of federally approved salmon recovery plans; (vi) the impacts of agricultural activities on Puget Sound recovery efforts; and (vii) compliance with water quality requirements.  The center must issue two reports of its fact-finding efforts and stakeholder discussions to the governor and the appropriate committees of the house of representatives and the senate by December 1, 2007, and December 1, 2008; and

      (b)(i) In the second phase, the center must facilitate discussions between the stakeholders identified in subsection (2) of this section to identify policy and financial options or opportunities to address the issues and desired outcomes identified by stakeholders in the first phase of the center's examination efforts.

      (ii) In particular, the stakeholders must examine innovative solutions including, but not limited to, outcome-based approaches that incorporate, to the maximum extent practicable, voluntary programs or approaches.  Additionally, stakeholders must examine ways to modify statutory provisions to ensure that regulatory constraints on agricultural activities are used as a last resort if desired outcomes are not achieved through voluntary programs or approaches.

      (iii) The center must work to achieve agreement among participating stakeholders and to develop a coalition that can be used to support agreed upon changes or new approaches to protecting critical areas during the ((2010)) 2011 legislative session.

      (4) The center must issue a final report of findings and legislative recommendations to the governor and the appropriate committees of the house of representatives and the senate by September 1, ((2009)) 2010.

Sec. 3.  2007 c 353 s 6 (uncodified) is amended to read as follows:

This act expires December 1, ((2011)) 2012."

Correct the title.

 

Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan; Miloscia; Short; Springer; Upthegrove; White and Williams.

 

Referred to Committee on Education Appropriations.

 

February 23, 20100)

SB 6540              Prime Sponsor, Senator Fairley: Transferring the combined fund drive from the department of personnel to the secretary of state.  Reported by Committee on General Government Appropriations

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Darneille, Chair; Takko, Vice Chair; McCune, Ranking Minority Member; Armstrong, Assistant Ranking Minority Member; Blake; Kenney; Klippert; Pedersen; Sells; Short and Van De Wege.

 

MINORITY recommendation:  Without recommendation.  Signed by Representatives Dunshee and Hudgins.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6544            Prime Sponsor, Committee on Financial Institutions, Housing & Insurance: Extending the time limitations for approval of plats.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan; Miloscia; Short; Springer; Upthegrove; White and Williams.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SB 6546              Prime Sponsor, Senator Pridemore: Allowing the state director of fire protection to refuse membership in the public employees' retirement system.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Linville, Chair; Ericks, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Chandler; Cody; Conway; Darneille; Haigh; Hinkle; Hunt; Hunter; Kenney; Kessler; Priest; Ross; Schmick and Seaquist.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6548            Prime Sponsor, Committee on Human Services & Corrections: Suspending the parole or probation of an offender who is charged with a new felony offense in certain conditions.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green; Herrera; O'Brien and Walsh.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SSB 6557            Prime Sponsor, Committee on Environment, Water & Energy: Limiting the use of certain substances in brake friction material.  Reported by Committee on Environmental Health

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that:

      (1) Brake friction material is an essential component of motor vehicle brakes and is critically important to transportation safety and public safety in general;

      (2) Debris from brake friction material containing copper and its compounds is generated and released to the environment during normal operation of motor vehicle brakes;

      (3) Thousands of pounds of copper and other substances released from brake friction material enter Washington state's streams, rivers, and marine environment every year; and

      (4) Copper is toxic to many aquatic organisms, including salmon.

NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Accredited laboratory" means a laboratory that is:

      (a) Qualified and equipped for testing of products, materials, equipment, and installations in accordance with national or international standards; and

      (b) Accredited by a third-party organization approved by the department to accredit laboratories for purposes of this chapter.

      (2) "Alternative brake friction material" means brake friction material that:

      (a) Does not contain:

      (i) More than 0.5 percent copper or its compounds by weight;

      (ii) The constituents identified in section 3 of this act at the concentrations specified; and

      (iii) Other materials determined by the department to be more harmful to human health or the environment than existing brake friction material;

      (b) Enables motor vehicle brakes to meet applicable federal safety standards, or if no federal safety standard exists, a widely accepted industry standard;

      (c) Is available at a cost and quantity that does not cause significant financial hardship across the majority of brake friction material and vehicle manufacturing industries; and

      (d) Is available to enable brake friction material and vehicle manufacturers to produce viable products meeting consumer expectations regarding braking noise, shuddering, and durability.

      (3) "Brake friction material" means that part of a motor vehicle brake designed to retard or stop the movement of a motor vehicle through friction against a rotor made of more durable material.

      (4) "Committee" means the brake friction material advisory committee.

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

      (6)(a) "Motor vehicle" has the same meaning as defined in RCW 46.04.320 that are subject to licensing requirements under RCW 46.16.010.

      (b) "Motor vehicle" does not include:

      (i) Motorcycles as defined in RCW 46.04.330;

      (ii) Motor vehicles employing internal closed oil immersed motor vehicle brakes or similar brake systems that are fully contained and emit no debris or fluid under normal operating conditions;

      (iii) Military combat vehicles;

      (iv) Race cars, dual-sport vehicles, or track day vehicles, whose primary use is for off-road purposes and are driven to and from the race track or race event; or

      (v) Collector vehicles, as defined in RCW 46.04.126.

      (7)(a) "Motor vehicle brake" means an energy conversion mechanism used to retard or stop the movement of a motor vehicle.

      (b) "Motor vehicle brake" does not include brakes designed primarily to hold motor vehicles stationary and not for use while motor vehicles are in motion.

      (8) "Original equipment service" means brake friction material provided as service parts originally designed for and using the same brake friction material formulation sold with a new motor vehicle.

      (9) "Small volume motor vehicle manufacturer" means a manufacturer of motor vehicles with Washington annual sales of less than one thousand new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles, and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years.

NEW SECTION.  Sec. 3.  (1) Beginning January 1, 2014, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing any of the following constituents in an amount exceeding the specified concentrations:

      (a) Asbestiform fibers, 0.1 percent by weight.

      (b) Cadmium and its compounds, 0.01 percent by weight.

      (c) Chromium(VI)-salts, 0.1 percent by weight.

      (d) Lead and its compounds, 0.1 percent by weight.

      (e) Mercury and its compounds, 0.1 percent by weight.

      (2) Beginning January 1, 2021, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than five percent copper and its compounds by weight.

      (3) Brake friction material manufactured prior to 2015 is exempt from subsection (1) of this section for the purposes of clearing inventory.  This exemption expires January 1, 2025.

      (4) Brake friction material manufactured prior to 2021 is exempt from subsection (2) of this section for the purposes of clearing inventory.  This exemption expires January 1, 2031.

      (5) Brake friction material manufactured as part of an original equipment service contract for vehicles manufactured prior to January 1, 2015, is exempt from subsection (1) of this section.

      (6) Brake friction material manufactured as part of an original equipment service contract for vehicles manufactured prior to January 1, 2021, is exempt from subsection (2) of this section.

NEW SECTION.  Sec. 4.  (1) By December 1, 2015, the department shall review risk assessments, scientific studies, and other relevant analysis regarding alternative brake friction material and determine whether the material may be available.  The department shall consider any new science with regard to the bioavailability and toxicity of copper.

      (2) If the department finds that alternative brake friction material may be available, it shall convene a brake friction material advisory committee.  The committee shall include, but is not limited to:

      (a) A representative of the department, who will chair the committee;

      (b) The chief of the Washington state patrol, or the chief's designee;

      (c) A representative of manufacturers of brake friction material;

      (d) A representative of manufacturers of motor vehicles;

      (e) A representative of a nongovernmental organization concerned with motor vehicle safety;

      (f) A representative of the national highway traffic safety administration; and

      (g) A representative of a nongovernmental organization concerned with the environment.

      (3) If convened pursuant to subsection (2) of this section, the committee shall separately assess alternative brake friction material for passenger vehicles, light-duty vehicles, and heavy-duty vehicles.  The committee shall make different recommendations to the department as to whether alternative brake friction material is available or unavailable for passenger vehicles, light-duty vehicles, and heavy-duty vehicles.  For purposes of this section, "heavy-duty vehicle" means a vehicle used for commercial purposes with a gross vehicle weight rating above twenty-six thousand pounds.  The committee shall also consider appropriate exemptions including original equipment service and brake friction material manufactured prior to the dates specified in section 5 of this act.  The department shall consider the committee's recommendations and make a finding as to whether alternative brake friction material is available or unavailable.

      (4) If, pursuant to subsection (3) of this section, the department finds that alternative brake friction material:

      (a) Is available, it shall comply with section 5 of this act;

      (b) Is not available, it shall periodically evaluate the finding and, if it determines that alternative brake friction material may be available, comply with subsections (2) and (3) of this section.  If the department finds that alternative brake friction material is available, it shall comply with section 5 of this act.

NEW SECTION.  Sec. 5.  If, pursuant to section 4 of this act, the department finds that alternative brake friction material is available:

      (1)(a) By December 31st of the year in which the finding is made, the department shall publish the information required by section 4 of this act in the Washington State Register and present it in a report to the appropriate committees of the legislature; and

      (b) The report must include recommendations for exemptions on original equipment service and brake friction material manufactured prior to dates specified in this section and may include recommendations for other exemptions.

      (2) Beginning eight years after the report in subsection (1) of this section is published in the Washington State Register, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than 0.5 percent copper and its compounds by weight, as specified in the report.

      (3) The department shall adopt rules to implement this section.

NEW SECTION.  Sec. 6.  (1) Motor vehicles manufactured by small volume motor vehicle manufacturers are exempt from this chapter for any year in which the manufacturer qualifies as a small volume motor vehicle manufacturer.  Small volume motor vehicle manufacturers must report vehicle sales annually to the department for the purpose of qualifying for this exemption.

      (2) Any motor vehicle manufacturer or brake friction material manufacturer may apply to the department for an exemption from this chapter for brake friction material intended for a specific motor vehicle model or class of motor vehicles based on special needs or characteristics of the motor vehicles for which the brake friction material is intended.  Exemptions may only be issued for specific motor vehicle models or special classes of vehicles, such as fire trucks, police cars, and heavy or wide-load equipment hauling, provided the manufacturer can demonstrate it is not feasible to comply with the requirements of this chapter, is necessary to comply with safety standards, or causes significant financial hardship.  Exemptions are valid for no less than one year and may be renewed automatically as needed or the exemption may be permanent for as long as the vehicle is used in the manner described in the application.

NEW SECTION.  Sec. 7.  (1) By January 1, 2013, and at least every three years thereafter, manufacturers of brake friction material sold or offered for sale in Washington state shall provide data to the department adequate to enable the department to determine concentrations of antimony, copper, nickel, and zinc and their compounds in brake friction material sold or offered for sale in Washington state.

      (2) Using data provided pursuant to subsection (1) of this section and other data as needed, and in consultation with the brake friction material manufacturing industry, the department must:

      (a) By July 1, 2013, establish baseline concentration levels for constituents identified in subsection (1) of this section in brake friction material; and

      (b) Track progress toward reducing the use of copper and its compounds and ensure that concentration levels of antimony, nickel, or zinc and their compounds do not increase by more than fifty percent above baseline concentration levels.

      (3) If concentration levels of antimony, nickel, or zinc and their compounds in brake friction material increase by more than fifty percent above baseline concentration levels, the department shall review scientific studies to determine the potential impact of the constituent on human health and the environment.  If scientific studies demonstrate the need for controlling the use of the constituent in brake friction material, the department may consider recommending limits on concentration levels of the constituent in the material.

      (4) Confidential business information otherwise protected under RCW 43.21A.160 or chapter 42.56 RCW is exempt from this chapter.

NEW SECTION.  Sec. 8.  (1) Manufacturers of brake friction material offered for sale in Washington state must certify compliance with the requirements of this chapter and mark proof of certification on the brake friction material in accordance with criteria developed under this section.

      (2) By December 1, 2012, the department must, after consulting with interested parties, develop compliance criteria to meet the requirements of this chapter.  Compliance criteria includes, but is not limited to:

      (a) Self-certification of compliance by brake friction material manufacturers using accredited laboratories; and

      (b) Marked proof of certification, including manufacture date, on brake friction material and product packaging.  Marked proof of certification must appear by January 1, 2015.  Brake friction material manufactured or packaged prior to January 1, 2015, is exempt from this subsection (2)(b).

      (3) Beginning January 1, 2021, manufacturers of new motor vehicles offered for sale in Washington state must ensure that motor vehicles are equipped with brake friction material certified to be compliant with the requirements of this chapter.

NEW SECTION.  Sec. 9.  (1) The department shall enforce this chapter.  The department may periodically purchase and test brake friction material sold or offered for sale in Washington state to verify that the material complies with this chapter.

      (2) Enforcement of this chapter by the department must rely on notification and information exchange between the department and manufacturers, distributors, and retailers.  The department shall issue one warning letter by certified mail to a manufacturer, distributor, or retailer that sells or offers to sell brake friction material in violation of this chapter, and offer information or other appropriate assistance regarding compliance with this chapter.  Once a warning letter has been issued to a distributor or retailer for violations under subsections (3) and (5) of this section, the department need not provide warning letters for subsequent violations by that distributor or retailer.  For the purposes of subsection (6) of this section, a warning letter serves as notice of the violation.  If compliance is not achieved, the department may assess penalties under this section.

      (3) A brake friction material distributor or retailer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation.  Brake friction material distributors or retailers that sell brake friction material that is packaged consistent with section 8(2)(b) of this act are not in violation of this chapter.  However, if the brake friction material distributor or retailer had actual knowledge that the brake friction material being sold violates section 3 or 5 of this act, the brake friction material distributor or retailer is subject to civil penalties according to this section.

      (4) A brake friction material manufacturer that knowingly violates this chapter shall recall the brake friction material and reimburse the brake friction distributor, retailer, or any other purchaser for the material and any applicable shipping and handling charges for returning the material.  A brake friction material manufacturer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation.

      (5) A motor vehicle distributor or retailer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation.  A motor vehicle distributor or retailer is not in violation of this chapter for selling a vehicle that was previously sold at retail and that contains brake friction material failing to meet the requirements of this chapter.  However, if the motor vehicle distributor or retailer installed brake friction material that violates section 3, 5, or 8(2)(b) of this act on the vehicle being sold and had actual knowledge that the brake friction material violates section 3, 5, or 8(2)(b) of this act, the motor vehicle distributor or retailer is subject to civil penalties under this section.

      (6) A motor vehicle manufacturer that violates this chapter must notify the registered owner of the vehicle within six months of knowledge of the violation and must replace at no cost to the owner the noncompliant brake friction material with brake friction material that complies with this chapter.  A motor vehicle manufacturer that fails to provide the required notification to registered owners of the affected vehicles within six months of knowledge of the violation is subject to a civil penalty not to exceed one hundred thousand dollars.  A motor vehicle manufacturer that fails to provide the required notification to registered owners of the affected vehicles after twelve months of knowledge of the violation is subject to a civil penalty not to exceed ten thousand dollars per vehicle.  For purposes of this section, "motor vehicle manufacturer" does not include a vehicle dealer defined under RCW 46.70.011 and required to be licensed as a vehicle dealer under chapter 46.70 RCW.

      (7) Before the effective date of the prohibitions in section 3 or 5 of this act, the department shall prepare and distribute information about the prohibitions to manufacturers, distributors, and retailers to the maximum extent practicable.

      (8) All penalties collected under this chapter must be deposited in the state toxics control account created in RCW 70.l05D.070.

NEW SECTION.  Sec. 10.  The department may adopt rules necessary to implement this chapter.

NEW SECTION.  Sec. 11.  Sections 1 through 10 and 12 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 12.  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."

Correct the title.

 

Signed by Representatives Campbell, Chair; Chase, Vice Chair; Shea, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Dickerson; Finn; Hudgins; Kretz and Rolfes.

 

MINORITY recommendation:  Without recommendation.  Signed by Representative Dunshee.

 

Referred to Committee on General Government Appropriations.

 

February 22, 20100)

SSB 6591            Prime Sponsor, Committee on Judiciary: Revising the procedure for complaints filed with the human rights commission.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

ESB 6610           Prime Sponsor, Senator Hargrove: Concerning the assessment and treatment of certain persons with mental illnesses. (REVISED FOR ENGROSSED: Improving procedures relating to the commitment of persons found not guilty by reason of insanity. )  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass as amended.

0) 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The institute for public policy shall, in collaboration with the department of social and health services and other applicable entities, undertake a search for validated mental health assessment tools in each of the following areas:

      (a) An assessment tool or combination of tools to be used by individuals performing court-ordered competency assessments and level of risk assessments of defendants pursuant to chapter 10.77 RCW; and

      (b) An assessment tool or combination of tools to be used by individuals developing recommendations to courts as to the appropriateness of conditional release from inpatient treatment of criminally insane patients pursuant to chapter 10.77 RCW.

      (2) This section expires June 30, 2011.

Sec. 2.  RCW 10.77.150 and 1998 c 297 s 41 are each amended to read as follows:

      (1) Persons examined pursuant to RCW 10.77.140 may make application to the secretary for conditional release.  The secretary shall, after considering the reports of experts or professional persons conducting the examination pursuant to RCW 10.77.140, forward to the court of the county which ordered the person's commitment the person's application for conditional release as well as the secretary's recommendations concerning the application and any proposed terms and conditions upon which the secretary reasonably believes the person can be conditionally released.  Conditional release may also contemplate partial release for work, training, or educational purposes.

      (2) In instances in which persons examined pursuant to RCW 10.77.140 have not made application to the secretary for conditional release, but the secretary, after considering the reports of experts or professional persons conducting the examination pursuant to RCW 10.77.140, reasonably believes the person may be conditionally released, the secretary may submit a recommendation for release to the court of the county which ordered the person's commitment.  The secretary's recommendation must include any proposed terms and conditions upon which the secretary reasonably believes the person may  be conditionally released.  Conditional release may also include partial release for work, training, or educational purposes.  Notice of the secretary's recommendation under this subsection must be provided to the person for whom the secretary has made the recommendation for release and to his or her attorney.

      (3)(a) The court of the county which ordered the person's commitment, upon receipt of an application or recommendation for conditional release with the secretary's recommendation for conditional release terms and conditions, shall within thirty days schedule a hearing.  The court may schedule a hearing on applications recommended for disapproval by the secretary.

(b) The prosecuting attorney shall represent the state at such hearings and shall have the right to have the patient examined by an expert or professional person of the prosecuting attorney's choice.  If the committed person is indigent, and he or she so requests, the court shall appoint a qualified expert or professional person to examine the person on his or her behalf.

(c) The issue to be determined at such a hearing is whether or not the person may be released conditionally without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security.

(d) The court, after the hearing, shall rule on the secretary's recommendations, and if it disapproves of conditional release, may do so only on the basis of substantial evidence.  The court may modify the suggested terms and conditions on which the person is to be conditionally released.  Pursuant to the determination of the court after hearing, the committed person shall thereupon be released on such conditions as the court determines to be necessary, or shall be remitted to the custody of the secretary.  If the order of conditional release includes a requirement for the committed person to report to a community corrections officer, the order shall also specify that the conditionally released person shall be under the supervision of the secretary of corrections or such person as the secretary of corrections may designate and shall follow explicitly the instructions of the secretary of corrections including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, and notifying the community corrections officer prior to making any change in the offender's address or employment.  If the order of conditional release includes a requirement for the committed person to report to a community corrections officer, the community corrections officer shall notify the secretary or the secretary's designee, if the person is not in compliance with the court-ordered conditions of release.

      (((3))) (4) If the court determines that receiving regular or periodic medication or other medical treatment shall be a condition of the committed person's release, then the court shall require him or her to report to a physician or other medical or mental health practitioner for the medication or treatment.  In addition to submitting any report required by RCW 10.77.160, the physician or other medical or mental health practitioner shall immediately upon the released person's failure to appear for the medication or treatment report the failure to the court, to the prosecuting attorney of the county in which the released person was committed, to the secretary, and to the supervising community corrections officer.

      (((4))) (5) Any person, whose application for conditional release has been denied, may reapply after a period of six months from the date of denial.

Sec. 3.  RCW 10.77.200 and 2000 c 94 s 16 are each amended to read as follows:

      (1) Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for release.  In making this determination, the secretary may consider the reports filed under RCW 10.77.060, 10.77.110, 10.77.140, and 10.77.160, and other reports and evaluations provided by professionals familiar with the case.  If the secretary approves the release he or she then shall authorize the person to petition the court.

      (2) In instances in which persons have not made application for release, but the secretary believes, after consideration of the reports filed under RCW 10.77.060, 10.77.110, 10.77.140, and 10.77.160, and other reports and evaluations provided by professionals familiar with the case, that reasonable grounds exist for release, the secretary may petition the court.  If the secretary petitions the court for release under this subsection, notice of the petition must be provided to the person who is the subject of the petition and to his or her attorney.

      (3) The petition shall be served upon the court and the prosecuting attorney.  The court, upon receipt of the petition for release, shall within forty-five days order a hearing.  Continuance of the hearing date shall only be allowed for good cause shown.  The prosecuting attorney shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the prosecuting attorney's choice.  If the petitioner is indigent, and the person so requests, the court shall appoint a qualified expert or professional person to examine him or her.  If the petitioner ((is developmentally disabled)) has a developmental disability, the examination shall be performed by a developmental disabilities professional.  The hearing shall be before a jury if demanded by either the petitioner or the prosecuting attorney.  The burden of proof shall be upon the petitioner to show by a preponderance of the evidence that the petitioner no longer presents, as a result of a mental disease or defect, a substantial danger to other persons, or a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

      (((3))) (4) Nothing contained in this chapter shall prohibit the patient from petitioning the court for release or conditional release from the institution in which he or she is committed.  The issue to be determined on such proceeding is whether the petitioner, as a result of a mental disease or defect, is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

      Nothing contained in this chapter shall prohibit the committed person from petitioning for release by writ of habeas corpus.

NEW SECTION.  Sec. 4.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) The department shall review the costs of the operation of each of the following boards and the rates of recidivism and treatment outcomes for the populations under their jurisdiction as follows:

      (a) The Oregon psychiatric security review board's administration of cases involving (i) persons judged to be guilty except for insanity, (ii) persons who would have been guilty of a felony or misdemeanor which caused or risked physical injury to another except for insanity, and (iii) persons affected by mental illness and determined to be a substantial danger to others; and

      (b) The Virginia community services boards' administration of cases involving persons found not guilty by reason of insanity.

      (2) The department shall report the results of its review to the appropriate committees of the legislature by December 15, 2010.

NEW SECTION.  Sec. 5.  A new section is added to chapter 10.77 RCW to read as follows:

For persons who have received court approval for conditional release, the secretary, or such person as the secretary shall designate, shall supervise the person's compliance with the court-ordered conditions of release.  The level of supervision provided by the secretary shall correspond to the level of the person's assessed public safety risk.  In undertaking supervision of persons under this section, the secretary shall coordinate with any treatment providers designated pursuant to RCW 10.77.150(3), any department of corrections staff designated pursuant to RCW 10.77.150(2), and local law enforcement, if appropriate.  The secretary shall adopt rules to implement this section."

Correct the title.

 

Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green; Herrera; O'Brien and Walsh.

 

Referred to Committee on Health & Human Services Appropriations.

 

February 22, 20100)

SSB 6611            Prime Sponsor, Committee on Government Operations & Elections: Extending the deadlines for the review and evaluation of comprehensive land use plan and development regulations for three years and addressing the timing for adopting certain subarea plans.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan; Miloscia; Short; Springer; Upthegrove; White and Williams.

 

Referred to Committee on Ways & Means.

 

February 22, 20100)

SSB 6639            Prime Sponsor, Committee on Human Services & Corrections: Creating alternatives to total confinement for nonviolent offenders with minor children.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 9.94A.030 and 2009 c 375 s 4 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 indeterminate sentence review board created under chapter 9.95 RCW.

      (2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court Clerk without depositing it in a departmental account.

      (3) "Commission" means the sentencing guidelines commission.

      (4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

      (5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed as part of a sentence under this chapter and served in the community subject to controls placed on the offender's movement and activities by the department.

      (6) "Community protection zone" means the area within eight hundred eighty feet of the facilities and grounds of a public or private school.

      (7) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.

      (8) "Confinement" means total or partial confinement.

      (9) "Conviction" means an adjudication of guilt pursuant to Title 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

      (10) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.  However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

      (11) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere.

      (a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

      (b) A conviction may be removed from a defendant's criminal history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor's pardon.

      (c) The determination of a defendant's criminal history is distinct from the determination of an offender score.  A prior conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform act remains part of the defendant's criminal history.

      (12) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity.  This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents.

      (13) "Criminal street gang associate or member" means any person who actively participates in any criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the criminal street gang.

      (14) "Criminal street gang-related offense" means any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons:

      (a) To gain admission, prestige, or promotion within the gang;

      (b) To increase or maintain the gang's size, membership, prestige, dominance, or control in any geographical area;

      (c) To exact revenge or retribution for the gang or any member of the gang;

      (d) To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang;

      (e) To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its reputation, influence, or membership; or

      (f) To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance (chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen property (chapter 9A.82 RCW); promoting prostitution (chapter 9A.88 RCW); human trafficking (RCW 9A.40.100); or promoting pornography (chapter 9.68 RCW).

      (15) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

      (16) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.

      (17) "Department" means the department of corrections.

      (18) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community custody, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial obligation.  The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

      (19) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld.  For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

      (20) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.

      (21) "Drug offense" means:

      (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.4013) or forged prescription for a controlled substance (RCW 69.50.403);

      (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

      (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

      (22) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.

      (23) "Escape" means:

      (a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

      (24) "Felony traffic offense" means:

      (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-run injury-accident (RCW 46.52.020(4)), felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)); or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

      (25) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.

      (26) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.

      (27) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

      (28) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction.  Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.

      (29) "Minor child" means a biological or adopted child of the offender who is under age eighteen at the time of the offender's current offense.

      (30) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:

      (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

      (b) Assault in the second degree;

      (c) Assault of a child in the second degree;

      (d) Child molestation in the second degree;

      (e) Controlled substance homicide;

      (f) Extortion in the first degree;

      (g) Incest when committed against a child under age fourteen;

      (h) Indecent liberties;

      (i) Kidnapping in the second degree;

      (j) Leading organized crime;

      (k) Manslaughter in the first degree;

      (l) Manslaughter in the second degree;

      (m) Promoting prostitution in the first degree;

      (n) Rape in the third degree;

      (o) Robbery in the second degree;

      (p) Sexual exploitation;

      (q) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;

      (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

      (s) Any other class B felony offense with a finding of sexual motivation;

      (t) Any other felony with a deadly weapon verdict under RCW 9.94A.825;

      (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;

      (v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

      (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if:  (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997;

      (w) Any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was ten years or more; provided that the out-of-state felony offense must be comparable to a felony offense under Title 9 or 9A RCW and the out-of-state definition of sexual motivation must be comparable to the definition of sexual motivation contained in this section.

      (((30))) (31) "Nonviolent offense" means an offense which is not a violent offense.

      (((31))) (32) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110.  In addition, for the purpose of community custody requirements under this chapter, "offender" also means a misdemeanor or gross misdemeanor probationer convicted of an offense included in RCW 9.94A.501(1) and ordered by a superior court to probation under the supervision of the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210.  Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

      (((32))) (33) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court or home detention has been ordered by the department as part of the parenting program, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community.  Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.

      (((33))) (34) "Pattern of criminal street gang activity" means:

      (a) The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses:

      (i) Any "serious violent" felony offense as defined in this section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a Child 1 (RCW 9A.36.120);

      (ii) Any "violent" offense as defined by this section, excluding Assault of a Child 2 (RCW 9A.36.130);

      (iii) Deliver or Possession with Intent to Deliver a Controlled Substance (chapter 69.50 RCW);

      (iv) Any violation of the firearms and dangerous weapon act (chapter 9.41 RCW);

      (v) Theft of a Firearm (RCW 9A.56.300);

      (vi) Possession of a Stolen Firearm (RCW 9A.56.310);

      (vii) Malicious Harassment (RCW 9A.36.080);

      (viii) Harassment where a subsequent violation or deadly threat is made (RCW 9A.46.020(2)(b));

      (ix) Criminal Gang Intimidation (RCW 9A.46.120);

      (x) Any felony conviction by a person eighteen years of age or older with a special finding of involving a juvenile in a felony offense under RCW 9.94A.833;

      (xi) Residential Burglary (RCW 9A.52.025);

      (xii) Burglary 2 (RCW 9A.52.030);

      (xiii) Malicious Mischief 1 (RCW 9A.48.070);

      (xiv) Malicious Mischief 2 (RCW 9A.48.080);

      (xv) Theft of a Motor Vehicle (RCW 9A.56.065);

      (xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);

      (xvii) Taking a Motor Vehicle Without Permission 1 (RCW 9A.56.070);

      (xviii) Taking a Motor Vehicle Without Permission 2 (RCW 9A.56.075);

      (xix) Extortion 1 (RCW 9A.56.120);

      (xx) Extortion 2 (RCW 9A.56.130);

      (xxi) Intimidating a Witness (RCW 9A.72.110);

      (xxii) Tampering with a Witness (RCW 9A.72.120);

      (xxiii) Reckless Endangerment (RCW 9A.36.050);

      (xxiv) Coercion (RCW 9A.36.070);

      (xxv) Harassment (RCW 9A.46.020); or

      (xxvi) Malicious Mischief 3 (RCW 9A.48.090);

      (b) That at least one of the offenses listed in (a) of this subsection shall have occurred after July 1, 2008;

      (c) That the most recent committed offense listed in (a) of this subsection occurred within three years of a prior offense listed in (a) of this subsection; and

      (d) Of the offenses that were committed in (a) of this subsection, the offenses occurred on separate occasions or were committed by two or more persons.

      (((34))) (35) "Persistent offender" is an offender who:

      (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

      (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

      (b)(i) Has been convicted of:  (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation:  Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (((34))) (35)(b)(i); and

      (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection.  A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense.  A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.

      (((35))) (36) "Predatory" means:  (a) The perpetrator of the crime was a stranger to the victim, as defined in this section; (b) the perpetrator established or promoted a relationship with the victim prior to the offense and the victimization of the victim was a significant reason the perpetrator established or promoted the relationship; or (c) the perpetrator was:  (i) A teacher, counselor, volunteer, or other person in authority in any public or private school and the victim was a student of the school under his or her authority or supervision.  For purposes of this subsection, "school" does not include home-based instruction as defined in RCW 28A.225.010; (ii) a coach, trainer, volunteer, or other person in authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision; or (iii) a pastor, elder, volunteer, or other person in authority in any church or religious organization, and the victim was a member or participant of the organization under his or her authority.

      (((36))) (37) "Private school" means a school regulated under chapter 28A.195 or 28A.205 RCW.

      (((37))) (38) "Public school" has the same meaning as in RCW 28A.150.010.

      (((38))) (39) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages.  The sum may include both public and private costs.

      (((39))) (40) "Risk assessment" means the application of the risk instrument recommended to the department by the Washington state institute for public policy as having the highest degree of predictive accuracy for assessing an offender's risk of reoffense.

      (((40))) (41) "Serious traffic offense" means:

      (a) Nonfelony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), nonfelony actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

      (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

      (((41))) (42) "Serious violent offense" is a subcategory of violent offense and means:

      (a)(i) Murder in the first degree;

      (ii) Homicide by abuse;

      (iii) Murder in the second degree;

      (iv) Manslaughter in the first degree;

      (v) Assault in the first degree;

      (vi) Kidnapping in the first degree;

      (vii) Rape in the first degree;

      (viii) Assault of a child in the first degree; or

      (ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

      (((42))) (43) "Sex offense" means:

      (a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.130(12);

      (ii) A violation of RCW 9A.64.020;

      (iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.080; or

      (iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

      (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;

      (c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or

      (d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

      (((43))) (44) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

      (((44))) (45) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

      (((45))) (46) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.

      (((46))) (47) "Stranger" means that the victim did not know the offender twenty-four hours before the offense.

      (((47))) (48) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

      (((48))) (49) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program.  The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

      (((49))) (50) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

      (((50))) (51) "Violent offense" means:

      (a) Any of the following felonies:

      (i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;

      (ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;

      (iii) Manslaughter in the first degree;

      (iv) Manslaughter in the second degree;

      (v) Indecent liberties if committed by forcible compulsion;

      (vi) Kidnapping in the second degree;

      (vii) Arson in the second degree;

      (viii) Assault in the second degree;

      (ix) Assault of a child in the second degree;

      (x) Extortion in the first degree;

      (xi) Robbery in the second degree;

      (xii) Drive-by shooting;

      (xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and

      (xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

      (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

      (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

      (((51))) (52) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.

      (((52))) (53) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

      (((53))) (54) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.

NEW SECTION.  Sec. 2.  A new section is added to chapter 9.94A RCW to read as follows:

      (1) An offender is eligible for the parenting sentencing alternative if:

      (a) The high end of the standard sentence range for the current offense is greater than one year;

      (b) The offender has no prior or current conviction for a felony that is a sex offense or a violent offense;

      (c) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence;

      (d) The offender signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court; and

      (e) The offender has physical custody of his or her minor child or is a legal guardian or custodian with physical custody of a child under the age of eighteen at the time of the current offense.

      (2) To assist the court in making its determination, the court may order the department to complete either a risk assessment report or a chemical dependency screening report as provided in RCW 9.94A.500, or both reports prior to sentencing.

      (3) If the court is considering this alternative, the court shall request that the department contact the children's administration of the Washington state department of social and health services to determine if the agency has an open child welfare case or prior substantiated referral of abuse or neglect involving the offender or if the agency is aware of any substantiated case of abuse or neglect with a tribal child welfare agency involving the offender.

      (a) If the offender has an open child welfare case, the department will provide the release of information waiver and request that the children's administration or the tribal child welfare agency provide a report to the court.  The children's administration shall provide a report within seven business days of the request that includes, at the minimum, the following:

      (i) Legal status of the child welfare case;

      (ii) Length of time the children's administration has been involved with the offender;

      (iii) Legal status of the case and permanent plan;

      (iv) Any special needs of the child;

      (v) Whether or not the offender has been cooperative with services ordered by a juvenile court under a child welfare case; and

      (vi) If the offender has been convicted of a crime against a child.

      (b) If a report is required from a tribal child welfare agency, the department shall attempt to obtain information that is similar to what is required for the report provided by the children's administration in a timely manner.

      (c) If the offender does not have an open child welfare case with the children's administration or with a tribal child welfare agency but has prior involvement, the department will obtain information from the children's administration on the number and type of past substantiated referrals of abuse or neglect and report that information to the court.  If the children's administration has never had any substantiated referrals or an open case with the offender, the department will inform the court.

      (4) If the sentencing court determines that the offender is eligible for a sentencing alternative under this section and that the sentencing alternative is appropriate and should be imposed, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of twelve months of community custody.  The court shall consider the offender's criminal history when determining if the alternative is appropriate.

      (5) When a court imposes a sentence of community custody under this section:

      (a) The court may impose conditions as provided in RCW 9.94A.703 and may impose other affirmative conditions as the court considers appropriate.

      (b) The department may impose conditions as authorized in RCW 9.94A.704 that may include, but are not limited to:

      (i) Parenting classes;

      (ii) Chemical dependency treatment;

      (iii) Mental health treatment;

      (iv) Vocational training;

      (v) Offender change programs;

      (vi) Life skills classes.

      (c) The department shall report to the court if the offender commits any violations of his or her sentence conditions.

      (6) The department shall provide the court with quarterly progress reports regarding the offender's progress in required programming, treatment, and other supervision conditions.  When an offender has an open child welfare case, the department will seek to coordinate services with the children's administration.

      (7)(a) The court may bring any offender sentenced under this section back into court at any time during the period of community custody on its own initiative to evaluate the offender's progress in treatment, or to determine if any violations of the conditions of the sentence have occurred.

      (b) If the offender is brought back to court, the court may modify the conditions of community custody or impose sanctions under (c) of this subsection.

      (c) The court may order the offender to serve a term of total confinement within the standard range of the offender's current offense at any time during the period of community custody, if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.

      (d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for any time previously served in confinement under this section.

Sec. 3.  RCW 9.94A.501 and 2009 c 376 s 2 are each amended to read as follows:

      (1) The department shall supervise every offender convicted of a misdemeanor or gross misdemeanor offense who is sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, for an offense included in (a) and (b) of this subsection.  The superior court shall order probation for:

      (a) Offenders convicted of fourth degree assault, violation of a domestic violence court order pursuant to RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145, and who also have a prior conviction for one or more of the following:

      (i) A violent offense;

      (ii) A sex offense;

      (iii) A crime against a person as provided in RCW 9.94A.411;

      (iv) Fourth degree assault; or

      (v) Violation of a domestic violence court order; and

      (b) Offenders convicted of:

      (i) Sexual misconduct with a minor second degree;

      (ii) Custodial sexual misconduct second degree;

      (iii) Communication with a minor for immoral purposes; and

      (iv) Failure to register pursuant to RCW 9A.44.130.

      (2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.

      (3) The department shall supervise every felony offender sentenced to community custody whose risk assessment, conducted pursuant to subsection (6) of this section, classifies the offender as one who is at a high risk to reoffend.

      (4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:

      (a) Has a current conviction for a sex offense or a serious violent offense as defined in RCW 9.94A.030;

      (b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;

      (c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;

      (d) Was sentenced under RCW 9.94A.650, 9.94A.660, section 2 of this act, or 9.94A.670; or

      (e) Is subject to supervision pursuant to RCW 9.94A.745.

      (5) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under subsection (1), (2), (3), or (4) of this section.

      (6) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section.

Sec. 4.  RCW 9.94A.505 and 2009 c 389 s 1 are each amended to read as follows:

      (1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.

      (2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:

      (i) Unless another term of confinement applies, a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517;

      (ii) RCW 9.94A.701 and 9.94A.702, relating to community custody;

      (iii) RCW 9.94A.570, relating to persistent offenders;

      (iv) RCW 9.94A.540, relating to mandatory minimum terms;

      (v) RCW 9.94A.650, relating to the first-time offender waiver;

      (vi) RCW 9.94A.660, relating to the drug offender sentencing alternative;

      (vii) RCW 9.94A.670, relating to the special sex offender sentencing alternative;

      (viii) Section 2 of this act, relating to the parenting sentencing alternative;

      (ix) RCW 9.94A.507, relating to certain sex offenses;

      (((ix))) (x) RCW 9.94A.535, relating to exceptional sentences;

      (((x))) (xi) RCW 9.94A.589, relating to consecutive and concurrent sentences;

      (((xi))) (xii) RCW 9.94A.603, relating to felony driving while under the influence of intoxicating liquor or any drug and felony physical control of a vehicle while under the influence of intoxicating liquor or any drug.

      (b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; a term of community custody under RCW 9.94A.702 not to exceed one year; and/or other legal financial obligations.  The court may impose a sentence which provides more than one year of confinement and a community custody term under RCW 9.94A.701 if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.

      (3) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days.  A sentence requiring more than thirty days of confinement shall be served on consecutive days.  Local jail administrators may schedule court-ordered intermittent sentences as space permits.

      (4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541.

      (5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not impose a sentence providing for a term of confinement or community custody that exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

      (6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

      (7) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.

      (8) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter.

      (9) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

Sec. 5.  RCW 9.94A.701 and 2009 c 375 s 5 are each amended to read as follows:

      (1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years:

      (a) A sex offense not sentenced under RCW 9.94A.507;

      (b) A serious violent offense; or

      (c) A violation of RCW 9A.44.130(11)(a) committed on or after June 7, 2006, when a court sentences the person to a term of confinement of one year or less.

      (2) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for eighteen months when the court sentences the person to the custody of the department for a violent offense that is not considered a serious violent offense.

      (3) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for one year when the court sentences the person to the custody of the department for:

      (a) Any crime against persons under RCW 9.94A.411(2);

      (b) An offense involving the unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate; or

      (c) A felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000.

      (4) If an offender is sentenced under the drug offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.660.

      (5) If an offender is sentenced under the special ((sexual [sex])) sex offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.670.

      (6) If an offender is sentenced to a work ethic camp, the court shall impose community custody as provided in RCW 9.94A.690.

      (7) If an offender is sentenced under the parenting sentencing alternative, the court shall impose a term of community custody as provided in section 2 of this act.

      (8) If a sex offender is sentenced as a nonpersistent offender pursuant to RCW 9.94A.507, the court shall impose community custody as provided in that section.

      (((8))) (9) The term of community custody specified by this section shall be reduced by the court whenever an offender's standard range term of confinement in combination with the term of community custody exceeds the statutory maximum for the crime as provided in RCW 9A.20.021.

Sec. 6.  RCW 9.94A.728 and 2009 c 455 s 2, 2009 c 441 s 1, and 2009 c 399 s 1 are each reenacted and amended to read as follows:

      No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

      (1) An offender may earn early release time as authorized by RCW 9.94A.729;

      (2) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence.  In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;

      (3)(a) The secretary may authorize an extraordinary medical placement for an offender when all of the following conditions exist:

      (i) The offender has a medical condition that is serious and is expected to require costly care or treatment;

      (ii) The offender poses a low risk to the community because he or she is currently physically incapacitated due to age or the medical condition or is expected to be so at the time of release; and

      (iii) It is expected that granting the extraordinary medical placement will result in a cost savings to the state.

      (b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.

      (c) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care, in which case, an alternative type of monitoring shall be utilized.  The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.

      (d) The secretary may revoke an extraordinary medical placement under this subsection at any time.

      (e) Persistent offenders are not eligible for extraordinary medical placement;

      (4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

      (5) No more than the final six months of the offender's term of confinement may be served in partial confinement designed to aid the offender in finding work and reestablishing himself or herself in the community or no more than the final twelve months of the offender's term of confinement may be served in partial confinement as part of the parenting program in section 8 of this act.  This is in addition to that period of earned early release time that may be exchanged for partial confinement pursuant to RCW 9.94A.729(5)(d);

      (6) The governor may pardon any offender;

      (7) The department may release an offender from confinement any time within ten days before a release date calculated under this section;

      (8) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870; and

      (9) Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540.

Sec. 7.  RCW 9.94A.729 and 2009 c 455 s 3 are each amended to read as follows:

      (1)(a) The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined.  The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction.  The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits.

(b)  Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration.  If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned release time.  The department may approve a jail certification from a correctional agency that calculates earned release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence.

      (2) An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.

      (3) An offender may earn early release time as follows:

      (a) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed fifteen percent of the sentence.

      (b) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed ten percent of the sentence.

      (c) An offender is qualified to earn up to fifty percent of aggregate earned release time if he or she:

      (i) Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;

      (ii) Is not confined pursuant to a sentence for:

      (A) A sex offense;

      (B) A violent offense;

      (C) A crime against persons as defined in RCW 9.94A.411;

      (D) A felony that is domestic violence as defined in RCW 10.99.020;

      (E) A violation of RCW 9A.52.025 (residential burglary);

      (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

      (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

      (iii) Has no prior conviction for the offenses listed in (c)(ii) of this subsection;

      (iv) Participates in programming or activities as directed by the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are made available by the department; and

      (v) Has not committed a new felony after July 22, 2007, while under community custody.

      (d) In no other case shall the aggregate earned release time exceed one-third of the total sentence.

      (4) The department shall perform a risk assessment of each offender who may qualify for earned early release under subsection (3)(c) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy.  Subsection (3)(c) of this section does not apply to offenders convicted after July 1, 2010.

      (5)(a) A person who is eligible for earned early release as provided in this section and who is convicted of a sex offense, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, shall be transferred to community custody in lieu of earned release time;

      (b) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement.  All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;

      (c) The department may deny transfer to community custody in lieu of earned release time if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety.  The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody;

      (d) If the department is unable to approve the offender's release plan, the department may do one or more of the following:

      (i) Transfer an offender to partial confinement in lieu of earned early release for a period not to exceed three months.  The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in RCW 9.94A.728(5);

      (ii) Provide rental vouchers to the offender for a period not to exceed three months if rental assistance will result in an approved release plan.  The voucher must be provided in conjunction with additional transition support programming or services that enable an offender to participate in services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;

      (e) For each offender who is the recipient of a rental voucher, the department shall include, concurrent with the data that the department otherwise obtains and records, the housing status of the offender for the duration of the offender's supervision.

      (6) An offender serving a term of confinement imposed under RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.

NEW SECTION.  Sec. 8.  A new section is added to chapter 9.94A RCW to read as follows:

      For offenders not sentenced under section 2 of this act, but otherwise eligible under this section, no more than the final twelve months of the offender's term of confinement may be served in partial confinement as home detention as part of the parenting program developed by the department.

      (1) The secretary may transfer an offender from a correctional facility to home detention in the community if it is determined that the parenting program is an appropriate placement and when all of the following conditions exist:

      (a) The offender is serving a sentence in which the high end of the range is greater than one year;

      (b) The offender has no current conviction for a felony that is a sex offense or a violent offense;

      (c) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence;

      (d) The offender signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court;

      (e) The offender:

      (i) Has physical or legal custody of a minor child;

      (ii) Has a proven, established, ongoing, and substantial relationship with his or her minor child that existed prior to the commission of the current offense; or

      (iii) Is a legal guardian of a child that was under the age of eighteen at the time of the current offense; and

      (f) The department determines that such a placement is in the best interests of the child.

      (2) When the department is considering partial confinement as part of the parenting program for an offender, the department shall inquire of the individual and the children's administration with the Washington state department of social and health services whether the agency has an open child welfare case or prior substantiated referral for abuse or neglect involving the offender.  If the children's administration or a tribal jurisdiction has an open child welfare case, the department will seek input from the children's administration or the involved tribal jurisdiction as to:  (a) The status of the child welfare case; and (b) recommendations regarding placement of the offender and services required of the department and the court governing the individual's child welfare case.  The department and its officers, agents, and employees are not liable for the acts of offenders participating in the parenting program unless the department or its officers, agents, and employees acted with willful and wanton disregard.

      (3) All offenders placed on home detention as part of the parenting program shall provide an approved residence and living arrangement prior to transfer to home detention.

      (4) While in the community on home detention as part of the parenting program, the department shall:

      (a) Require the offender to be placed on electronic home monitoring;

      (b) Require the offender to participate in programming and treatment that the department determines is needed;

      (c) Assign a community corrections officer who will monitor the offender's compliance with conditions of partial confinement and programming requirements; and

      (d) If the offender has an open child welfare case with the children's administration, collaborate and communicate with the identified social worker in the provision of services.

      (5) The department has the authority to return any offender serving partial confinement in the parenting program to total confinement if the offender is not complying with sentence requirements.

Sec. 9.  RCW 9.94A.734 and 2007 c 199 s 9 are each amended to read as follows:

      (1) Home detention may not be imposed for offenders convicted of the following offenses, unless imposed as partial confinement in the department's parenting program under section 8 of this act:

      (a) A violent offense;

      (b) Any sex offense;

      (c) Any drug offense;

      (d) Reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050;

      (e) Assault in the third degree as defined in RCW 9A.36.031;

      (f) Assault of a child in the third degree;

      (g) Unlawful imprisonment as defined in RCW 9A.40.040; or

      (h) Harassment as defined in RCW 9A.46.020.

Home detention may be imposed for offenders convicted of possession of a controlled substance under RCW 69.50.4013 or forged prescription for a controlled substance under RCW 69.50.403 if the offender fulfills the participation conditions set forth in this section and is monitored for drug use by a treatment alternatives to street crime program or a comparable court or agency-referred program.

      (2) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender:

      (a) Successfully completing twenty-one days in a work release program;

      (b) Having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary;

      (c) Having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense;

      (d) Having no prior charges of escape; and

      (e) Fulfilling the other conditions of the home detention program.

      (3) Home detention may be imposed for offenders convicted of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen motor vehicle as defined under RCW 9A.56.068 conditioned upon the offender:

      (a) Having no convictions for taking a motor vehicle without permission, theft of a motor vehicle or possession of a stolen motor vehicle during the preceding five years and not more than two prior convictions for taking a motor vehicle without permission, theft of a motor vehicle or possession of a stolen motor vehicle;

      (b) Having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense;

      (c) Having no prior charges of escape; and

      (d) Fulfilling the other conditions of the home detention program.

      (4) Participation in a home detention program shall be conditioned upon:

      (a) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender;

      (b) Abiding by the rules of the home detention program; and

      (c) Compliance with court-ordered legal financial obligations.  The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration.  Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.

Sec. 10.  RCW 9.94A.190 and 2009 c 28 s 5 are each amended to read as follows:

      (1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to section 8 of this act.  Except as provided in subsection (3) or (5) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.

      (2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided in this subsection.  The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility.  The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities.  The office of financial management shall reestablish reimbursement rates each even-numbered year.

      (3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.

      (4) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 which has a standard sentence range of over one year, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.

      (5) Sentences imposed pursuant to RCW 9.94A.507 shall be served in a facility or institution operated, or utilized under contract, by the state.

Sec. 11.  RCW 9.94A.6332 and 2009 c 375 s 14 are each amended to read as follows:

      The procedure for imposing sanctions for violations of sentence conditions or requirements is as follows:

      (1) If the offender was sentenced under the drug offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.660.

      (2) If the offender was sentenced under the special ((sexual [sex])) sex offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.670.

      (3) If the offender was sentenced under the parenting sentencing alternative, any sanctions shall be imposed by the department or by the court pursuant to section 2 of this act.

      (4) If a sex offender was sentenced pursuant to RCW 9.94A.507, any sanctions shall be imposed by the board pursuant to RCW 9.95.435.

      (((4))) (5) In any other case, if the offender is being supervised by the department, any sanctions shall be imposed by the department pursuant to RCW 9.94A.737.  If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, upon receipt of a violation hearing report from the department, the court retains any authority that those statutes provide to respond to a probationer's violation of conditions.

      (((5))) (6) If the offender is not being supervised by the department, any sanctions shall be imposed by the court pursuant to RCW 9.94A.6333.

Sec. 12.  RCW 9.94A.633 and 2009 c 375 s 12 are each amended to read as follows:

      (1)(a) An offender who violates any condition or requirement of a sentence may be sanctioned with up to sixty days' confinement for each violation.

      (b) In lieu of confinement, an offender may be sanctioned with work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community.

      (2) If an offender was under community custody pursuant to one of the following statutes, the offender may be sanctioned as follows:

      (a) If the offender was transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.728(2), the offender may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.

      (b) If the offender was sentenced under the drug offender sentencing alternative set out in RCW 9.94A.660, the offender may be sanctioned in accordance with that section.

      (c) If the offender was sentenced under the parenting sentencing alternative set out in section 2 of this act, the offender may be sanctioned in accordance with that section.

      (d) If the offender was sentenced under the special ((sexual [sex])) sex offender sentencing alternative set out in RCW 9.94A.670, the suspended sentence may be revoked and the offender committed to serve the original sentence of confinement.

      (((d))) (e) If the offender was sentenced to a work ethic camp pursuant to RCW 9.94A.690, the offender may be reclassified to serve the unexpired term of his or her sentence in total confinement.

      (((e))) (f) If a sex offender was sentenced pursuant to RCW 9.94A.507, the offender may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.

                     (3) If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may be sanctioned pursuant to subsection (1) of this section.  The department shall have authority to issue a warrant for the arrest of an offender who violates a condition of community custody, as provided in RCW 9.94A.716.  Any sanctions shall be imposed by the department pursuant to RCW 9.94A.737.  The department shall provide a copy of the violation hearing report to the sentencing court in a timely manner.  Nothing in this subsection is intended to limit the power of the sentencing court to respond to a probationer's violation of conditions."

Correct the title.

 

Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green; Herrera; O'Brien and Walsh.

 

Referred to Committee on Ways & Means.

 

February 22, 20100)

ESSB 6658         Prime Sponsor, Committee on Environment, Water & Energy: Modifying community solar project provisions for investment cost recovery incentives.  Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 82.16.110 and 2009 c 469 s 504 are each amended to read as follows:

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

      (1) "Administrator" means an owner and assignee of a community solar project as defined in subsection (2)(a)(i) of this section that is responsible for applying for the investment cost recovery incentive on behalf of the other owners and performing such administrative tasks on behalf of the other owners as may be necessary, such as receiving investment cost recovery incentive payments, and allocating and paying appropriate amounts of such payments to the other owners.

      (2)(a) "Community solar project" means:

      (i) A solar energy system that produces a maximum instantaneous power output of one megawatt of electricity and is owned by local individuals, households, nonprofit organizations, or nonutility businesses that is placed on the property owned by a cooperating local governmental entity that is not in the light and power business or in the gas distribution business; ((or))

      (ii) A utility-owned solar energy system that produces a maximum instantaneous power output of one megawatt of electricity and that is voluntarily funded by the utility's ratepayers where, in exchange for their financial support, the utility gives contributors a payment or credit on their utility bill for the value of the electricity produced by the project;

      (iii) A solar energy system, placed on the property owned by a cooperating local governmental entity that is not in the light and power business or in the gas distribution business, that produces a maximum instantaneous power output of one megawatt of electricity, and that is owned by a limited liability company whose members are each eligible for an investment cost recovery incentive for the same customer-generated electricity as provided in RCW 82.16.120; or

      (iv) A virtual net metering system, as defined in RCW 80.60.010, that uses solar energy to generate electricity and the customer-generators participating in virtual net metering are assigned fractions or shares by a net metering aggregator as determined under RCW 80.60.010 through 80.60.030.

      (b) For the purposes of "community solar project" as defined in (a) of this subsection:

      (i) "Nonprofit organization" means an organization exempt from taxation under ((Title)) 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended, as of January 1, 2009; and

      (ii) "Utility" means a light and power business, an electric cooperative, or a mutual corporation that provides electricity service.

      (((2))) (3) "Customer-generated electricity" means a community solar project or the alternating current electricity that is generated from a renewable energy system located in Washington and installed on an individual's, businesses', or local government's real property that is also provided electricity generated by a light and power business.  Except for community solar projects, a system located on a leasehold interest does not qualify under this definition.  Except for utility-owned community solar projects, "customer-generated electricity" does not include electricity generated by a light and power business with greater than one thousand megawatt hours of annual sales or a gas distribution business.

      (((3))) (4) "Economic development kilowatt-hour" means the actual kilowatt-hour measurement of customer-generated electricity multiplied by the appropriate economic development factor.

      (((4))) (5) "Local governmental entity" means any unit of local government of this state including, but not limited to, counties, cities, towns, municipal corporations, quasi-municipal corporations, special purpose districts, and school districts.

      (((5))) (6) "Photovoltaic cell" means a device that converts light directly into electricity without moving parts.

      (((6))) (7) "Renewable energy system" means a solar energy system, an anaerobic digester as defined in RCW 82.08.900, or a wind generator used for producing electricity.

      (((7))) (8) "Solar energy system" means any device or combination of devices or elements that rely upon direct sunlight as an energy source for use in the generation of electricity.

      (((8))) (9) "Solar inverter" means the device used to convert direct current to alternating current in a photovoltaic cell system.

      (((9))) (10) "Solar module" means the smallest nondivisible self-contained physical structure housing interconnected photovoltaic cells and providing a single direct current electrical output.

Sec. 2.  RCW 82.16.120 and 2009 c 469 s 505 are each amended to read as follows:

      (1)(a) Any individual, business, local governmental entity, not in the light and power business or in the gas distribution business, or a participant in a community solar project may apply to the light and power business serving the situs of the system, each fiscal year beginning on July 1, 2005, for an investment cost recovery incentive for each kilowatt-hour from a customer-generated electricity renewable energy system.

      ((No incentive may be paid for kilowatt-hours generated before July 1, 2005, or after June 30, 2020.))

(b) In the case of a community solar project as defined in RCW 82.16.110(2)(a)(i), the administrator must apply for the investment cost recovery incentive on behalf of each of the other owners.

      (c) In the case of a community solar project as defined in RCW 82.16.110(2)(a)(iii), the limited liability company owning the community solar project must apply for the investment cost recovery incentive on behalf of each member of the limited liability company.

      (d) In the case of a community solar project as defined in RCW 82.16.110(2)(a)(iv), the net metering aggregator must apply for the investment cost recovery incentive on behalf of each customer-generator.

      (2)(a) Before submitting for the first time the application for the incentive allowed under subsection (4) of this section, the applicant must submit to the department of revenue and to the climate and rural energy development center at the Washington State University, established under RCW 28B.30.642, a certification in a form and manner prescribed by the department that includes, but is not limited to, the following information:

      (i) The name and address of the applicant and location of the renewable energy system.

      (A) If the applicant is an administrator of a community solar project as defined in RCW 82.16.110(2)(a)(i), the certification must also include the name and address of each of the owners of the community solar project.

      (B) If the applicant is a limited liability company that owns a community solar project as defined in RCW 82.16.110(2)(a)(iii), the certification must also include the name and address of each member of the limited liability company.

      (C) If the applicant is a virtual net metering aggregator as defined RCW 82.16.110(2)(a)(iv), the certification must also include the name and address of each customer-generator participating in  virtual net metering;

      (ii) The applicant's tax registration number;

      (iii) That the electricity produced by the applicant meets the definition of "customer-generated electricity" and that the renewable energy system produces electricity with:

      (A) Any solar inverters and solar modules manufactured in Washington state;

      (B) A wind generator powered by blades manufactured in Washington state;

      (C) A solar inverter manufactured in Washington state;

      (D) A solar module manufactured in Washington state; or

      (E) Solar or wind equipment manufactured outside of Washington state;

      (iv) That the electricity can be transformed or transmitted for entry into or operation in parallel with electricity transmission and distribution systems; and

      (v) The date that the renewable energy system received its final electrical permit from the applicable local jurisdiction.

      (b) Within thirty days of receipt of the certification the department of revenue must notify the applicant by mail, or electronically as provided in RCW 82.32.135, whether the renewable energy system qualifies for an incentive under this section.  The department may consult with the climate and rural energy development center to determine eligibility for the incentive.  System certifications and the information contained therein are subject to disclosure under RCW 82.32.330(3)(m).

      (3)(a) By August 1st of each year application for the incentive ((shall)) must be made to the light and power business serving the situs of the system by certification in a form and manner prescribed by the department that includes, but is not limited to, the following information:

      (i) The name and address of the applicant and location of the renewable energy system.

      (A) If the applicant is an administrator of a community solar project as defined in RCW 82.16.110(2)(a)(i), the application must also include the name and address of each of the owners of the community solar project.

      (B) If the applicant is a limited liability company that owns a community solar project as defined in RCW 82.16.110(2)(a)(iii), the application must also include the name and address of each member of the limited liability company;

      (ii) The applicant's tax registration number;

      (iii) The date of the notification from the department of revenue stating that the renewable energy system is eligible for the incentives under this section; and

      (iv) A statement of the amount of kilowatt-hours generated by the renewable energy system in the prior fiscal year.

      (b) Within sixty days of receipt of the incentive certification the light and power business serving the situs of the system ((shall)) must notify the applicant in writing whether the incentive payment will be authorized or denied.  The business may consult with the climate and rural energy development center to determine eligibility for the incentive payment.  Incentive certifications and the information contained therein are subject to disclosure under RCW 82.32.330(3)(m).

      (c)(i) Persons receiving incentive payments ((shall)) must keep and preserve, for a period of five years, suitable records as may be necessary to determine the amount of incentive applied for and received.  Such records ((shall)) must be open for examination at any time upon notice by the light and power business that made the payment or by the department.  If upon examination of any records or from other information obtained by the business or department it appears that an incentive has been paid in an amount that exceeds the correct amount of incentive payable, the business may assess against the person for the amount found to have been paid in excess of the correct amount of incentive payable and ((shall)) must add thereto interest on the amount.  Interest ((shall be)) is assessed in the manner that the department assesses interest upon delinquent tax under RCW 82.32.050.

      (ii) If it appears that the amount of incentive paid is less than the correct amount of incentive payable the business may authorize additional payment.

      (4) Except for community solar projects, the investment cost recovery incentive may be paid fifteen cents per economic development kilowatt-hour unless requests exceed the amount authorized for credit to the participating light and power business.  For community solar projects, the investment cost recovery incentive may be paid thirty cents per economic development kilowatt-hour unless requests exceed the amount authorized for credit to the participating light and power business.  For the purposes of this section, the rate paid for the investment cost recovery incentive may be multiplied by the following factors:

      (a) For customer-generated electricity produced using solar modules manufactured in Washington state, two and four-tenths;

      (b) For customer-generated electricity produced using a solar or a wind generator equipped with an inverter manufactured in Washington state, one and two-tenths;

      (c) For customer-generated electricity produced using an anaerobic digester, or by other solar equipment or using a wind generator equipped with blades manufactured in Washington state, one; and

      (d) For all other customer-generated electricity produced by wind, eight-tenths.

      (5)(a) No individual, household, business, or local governmental entity is eligible for incentives provided under subsection (4) of this section for more than five thousand dollars per year.

(b) Except as provided in (c) and (d) of this subsection (5), each applicant in a community solar project is eligible for up to five thousand dollars per year.

(c) Where the applicant is an administrator of a community solar project as defined in RCW 82.16.110(2)(a)(i), each owner is eligible for an incentive up to five thousand dollars per year.

      (d) Where the applicant is a limited liability company owning a community solar project that has applied for an investment cost recovery incentive on behalf of its members, the limited liability company is eligible for an incentive up to five thousand dollars per year.

      (6) Owners in a community solar project are eligible to receive an investment cost recovery incentive based on the total customer-generated electricity produced by the project but only in proportion to each ownership share or, in the case of a utility-owned community solar project, in proportion to each ratepayer's contribution.  No owner in a community solar project is eligible for incentives under this section for more than five thousand dollars.

      (7) If requests for the investment cost recovery incentive exceed the amount of funds available for credit to the participating light and power business, the incentive payments ((shall)) must be reduced proportionately.

      (((7))) (8) The climate and rural energy development center at Washington State University energy program may establish guidelines and standards for technologies that are identified as Washington manufactured and therefore most beneficial to the state's environment.

      (((8))) (9) The environmental attributes of the renewable energy system belong to the applicant, and do not transfer to the state or the light and power business upon receipt of the investment cost recovery incentive.

(10) No incentive may be paid under this section for kilowatt-hours generated before July 1, 2005, or after June 30, 2020.

NEW SECTION.  Sec. 3.  A new section is added to chapter 82.16 RCW to read as follows:

      Owners of a community solar project as defined in RCW 82.16.110(2)(a) (i) and (iii) must agree to hold harmless the light and power business serving the situs of the system, including any employee, for the good faith reliance on the information contained in an application or certification submitted by an administrator or limited liability company.  In addition, the light and power business and any employee is immune from civil liability for the good faith reliance on any misstatement that may be made in such application or certification.  Should a light and power business or employee prevail upon the defense provided in this section, it is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense.

Sec. 4.  RCW 80.60.010 and 2007 c 323 s 1 are each amended to read as follows:

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

      (1) "Commission" means the utilities and transportation commission.

      (2) "Customer-generator" means either:  (a) A user of a net metering system located on the premises of a customer-generator; or (b) a customer of an electric utility participating in virtual net metering.

      (3) "Electrical company" means a company owned by investors that meets the definition of RCW 80.04.010.

      (4) "Electric cooperative" means a cooperative or association organized under chapter 23.86 or 24.06 RCW.

      (5) "Electric utility" means any electrical company, public utility district, irrigation district, port district, electric cooperative, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state.

      (6) "Irrigation district" means an irrigation district under chapter 87.03 RCW.

      (7) "Meter aggregation" means the administrative combination of readings from and billing for all meters, regardless of the rate class, on premises owned or leased by a customer-generator located within the service territory of a single electric utility.

      (8) "Municipal electric utility" means a city or town that owns or operates an electric utility authorized by chapter 35.92 RCW.

      (9) "Net metering" means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator over the applicable billing period.

      (10) "Net metering system" means a fuel cell, a facility that produces electricity and used and useful thermal energy from a common fuel source, or a facility for the production of electrical energy that generates renewable energy, and that:

      (a)(i) For electric utilities that are not full requirements customers, has an electrical generating capacity of not more than one ((hundred kilowatts)) megawatt; or

      (ii) For electric utilities that are full requirements customers, either:  (A) Has an electrical generating capacity of no more than one hundred ninety-nine kilowatts and is metered by one meter; or (B) has an electrical generating capacity of up to one megawatt and is metered by multiple meters with no one meter measuring more than one hundred ninety-nine kilowatts in electrical generating capacity;

      (b) Is located on the customer-generator's premises or, for virtual net metering, is located within the same electric distribution system of the customer-generator;

      (c) Operates in parallel with the electric utility's transmission and distribution facilities; and

      (d) Is intended primarily to offset part or all of the customer-generator's requirements for electricity.

      (11) "Premises" means any residential property, commercial real estate, or lands, owned or leased by a customer-generator within the service area of a single electric utility.

      (12) "Port district" means a port district within which an industrial development district has been established as authorized by Title 53 RCW.

      (13) "Public utility district" means a district authorized by chapter 54.04 RCW.

      (14) "Renewable energy" means energy generated by a facility that uses water, wind, solar energy, or biogas from animal waste as a fuel.

(15) "Virtual net metering" means the administrative combination of readings from the production meter, or meters when the net metering system is connected to the distribution system of an electric utility that is a full requirements customer, of a single net metering system and billing for multiple meters, regardless of class, from a group of customer-generators according to either an assigned fraction, share, or net meter reading of that net metering system for each customer-generator as contracted with a virtual net metering aggregator.  The net metering system and the group of customer-generators must all be within the same electric distribution system.

      (16) "Virtual net metering aggregator" means an entity that:

      (a) Is responsible for professionally managing the net metering system for the life of the project;

      (b) Acts as the sole point of contact with the electric utility, responsible for calibrating, maintaining, and communicating to the electric utility a list of assigned fractions, shares, or net meter readings of the electrical output of a net metering system depending on if utility or aggregator is providing software for meter aggregation;

      (c) Registers the net metering system with the western renewable energy generation information system and accounts for all renewable energy credit transactions on that system; and

      (d) Registers with the secretary of state as required by statute as either:  A limited liability company; a profit corporation; a nonprofit corporation; a limited partnership; or a limited liability partnership.

      (17) "Assigned fraction" means the percentage of kilowatt-hours generated by a net metering system deducted from the electrical consumption of a customer-generator.  Unless there is a voluntary agreement for smaller fractions, an assigned fraction may not be smaller than:

      (a) One-tenth of a percent (1/1000) and on average produce no less than one thousand kilowatt-hours annually for utilities with more than twenty-five thousand ratepayers; or

      (b) One percent (1/100) and on average produce no less than two thousand kilowatt-hours annually for utilities with less than twenty-five thousand ratepayers.

      (18) "Operating fraction" means the percentage of kilowatt-hours generated by a net metering system that is:

      (a) Specified by the net metering aggregator;

      (b) Not assigned to a customer-generator for virtual net metering; and

      (c) Sold by the virtual net metering aggregator to the utility at the rates, terms, and conditions that would otherwise apply to a renewable energy generation system of the same size as the net metering system.

      (19) "Distribution system" means all of the distribution lines, substations, switches, and other distribution hardware contiguously connected at voltages below ninety kilovolts that are:

      (a) Owned and operated by a single utility; or

      (b) Owned and operated by two or more utilities with adjoining distribution systems agreeing to combine their distribution systems for the purpose of virtual net metering.

      (20) "Full requirements customer" has the same meaning as defined in RCW 19.280.020.

Sec. 5.  RCW 80.60.020 and 2007 c 323 s 2 are each amended to read as follows:

      (1) An electric utility:

      (a) Shall offer to make net metering available to eligible customers-generators on a first-come, first-served basis until the cumulative generating capacity of net metering systems equals 0.25 percent of the utility's peak demand during 1996.  On January 1, 2014, the cumulative generating capacity available to net metering systems will equal 0.5 percent of the utility's peak demand during 1996.  Not less than one-half of the utility's 1996 peak demand available for net metering systems shall be reserved for the cumulative generating capacity attributable to net metering systems that generate renewable energy;

      (b) Shall allow net metering systems to be interconnected using a standard kilowatt-hour meter capable of registering the flow of electricity in two directions, unless the commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, determines, after appropriate notice and opportunity for comment:

      (i) That the use of additional metering equipment to monitor the flow of electricity in each direction is necessary and appropriate for the interconnection of net metering systems, after taking into account the benefits and costs of purchasing and installing additional metering equipment; and

      (ii) How the cost of purchasing and installing an additional meter is to be allocated between the customer-generator and the utility;

      (c) Shall charge the customer-generator a minimum monthly fee that is the same as other customers of the electric utility in the same rate class, but shall not charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge unless the commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, determines, after appropriate notice and opportunity for comment that:

      (i) The electric utility will incur direct costs associated with interconnecting or administering net metering systems that exceed any offsetting benefits associated with these systems; and

      (ii) Public policy is best served by imposing these costs on the customer-generator rather than allocating these costs among the utility's entire customer base;

      (d) Shall buy an operating fraction of the net metering aggregator of the net metering system using rates, tariffs, contracts, and conditions as would otherwise apply to the utility buying power from a comparable renewable energy generator.

      (2)(a) If a production meter ((and)), software, and associated interconnection equipment is required by the electric utility to provide meter aggregation under RCW 80.60.030(4), ((the)) customer‑generators ((is)) or aggregators are responsible for the purchase of the production meter ((and)), software, and associated interconnection equipment.  If an electric utility chooses to update its billing software to accommodate meter aggregation, the customer-generator may not be required to purchase software.

      (b) If the electric utility decides to update its billing software to accommodate meter aggregation, the aggregator must assign fractions to customer-generators and operating fractions in a manner consistent with this chapter.

      (c) If the net metering aggregator is required by the electric utility to provide software to accommodate meter aggregation, the aggregator must provide net meter readings to the electric utility in the form the electric utility uses to read meters.

      (3) A net metering aggregator, who must assign fractions to customer-generators and operating fractions as required under subsection (2)(b) of this section, shall submit an updated list of assigned fractions and operating fractions to the electric utility no more than once per quarter on a date determined by the electric utility.  A net metering aggregator must provide information to the electric utility demonstrating that the assigned fractions and operating fractions equal one hundred percent.

Sec. 6.  RCW 80.60.030 and 2007 c 323 s 3 are each amended to read as follows:

      Consistent with the other provisions of this chapter, the net energy measurement must be calculated in the following manner:

      (1) The electric utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

      (2) If the electricity supplied by the electric utility exceeds the electricity generated by the customer-generator and fed back to the electric utility during the billing period, the customer-generator shall be billed for the net electricity supplied by the electric utility, in accordance with normal metering practices.

      (3) If electricity generated by the customer-generator exceeds the electricity supplied by the electric utility, the customer-generator:

      (a) Shall be billed for the appropriate customer charges for that billing period, in accordance with RCW 80.60.020; and

      (b) Shall be credited for the excess kilowatt-hours generated during the billing period, with this kilowatt-hour credit appearing on the bill for the following billing period.

      (4) If a customer-generator requests, an electric utility shall provide meter aggregation.

      (a) For customer-generators participating in meter aggregation, kilowatt-hours credits earned by a net metering system during the billing period first shall be used to offset electricity supplied by the electric utility.

      (b) Not more than a total of one ((hundred kilowatts)) megawatt shall be aggregated among all customer-generators participating in a ((generating facility)) net metering system under this subsection.

      (c) Excess kilowatt-hours credits earned by the net metering system, during the same billing period, shall be either:  (i) Credited equally by the electric utility to remaining meters located on all premises of a customer-generator at the designated rate of each meter; or (ii) in the case of virtual net metering, credited by the virtual net metering aggregator to remaining meters in proportion to the contracted specified fraction, share, or net meter reading for each customer-generator.  An assigned fraction, share, or net metering reading shall be directly proportional to each meter's share of the net consumption or generation at its rate class as related to the total of all aggregated meters of a virtual net metering aggregator.

      (d) Meters so aggregated shall not change rate classes due to meter aggregation under this section.

      (5) On April 30th of each calendar year, any remaining unused kilowatt-hour credit accumulated during the previous year shall be granted to the electric utility, without any compensation to the customer-generator.

(6)(a) All renewable energy credits produced as a result of the generation of electricity from a net metering system shall be the property of the customer-generator.

                     (b) For renewable energy credits generated through virtual net metering, an assigned fraction or share of the renewable energy credit shall be assigned to the customer-generator by the virtual net metering aggregator."

Correct the title.

 

Signed by Representatives McCoy, Chair; Finn, Vice Chair; Carlyle; Eddy; Hasegawa; Hudgins; Jacks; Morris; Takko and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Hinkle; McCune; Nealey and Taylor.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

2SSB 6667          Prime Sponsor, Committee on Ways & Means: Concerning business assistance programs.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that small businesses and entrepreneurs are a fundamental source of economic and community vitality for our state.  They employ state residents, pay state taxes, purchase goods and services from local and regional companies, and contribute to our communities in many other ways.  The legislature finds that small businesses and entrepreneurs need increased access to capital and technical assistance in order to maximize their potential.  The legislature intends that the department of commerce and the small business development center each build upon their existing relevant statutory missions and authorities by collaborating on a specific plan to expand services to small businesses and entrepreneurs beginning in the 2011-2013 biennium.

Sec. 2.  RCW 43.330.060 and 2005 c 136 s 13 are each amended to read as follows:

      (1) The department shall (a) assist in expanding the state's role as an international center of trade, culture, and finance; (b) promote and market the state's products and services both nationally and internationally; (c) work in close cooperation with other private and public international trade efforts; (d) act as a centralized location for the assimilation and distribution of trade information; and (e) establish and operate foreign offices promoting overseas trade and commerce.

      (2) The department shall identify and work with Washington businesses that can use local, state, and federal assistance to increase domestic and foreign exports of goods and services.

      (3) The department shall work generally with small businesses and other employers to facilitate resolution of siting, regulatory, expansion, and retention problems.  This assistance shall include but not be limited to assisting in workforce training and infrastructure needs, identifying and locating suitable business sites, and resolving problems with government licensing and regulatory requirements.  The department shall identify gaps in needed services and develop steps to address them including private sector support and purchase of these services.

      (4) The department shall work to increase the availability of capital to small businesses by developing new and flexible investment tools; by assisting in targeting and improving the efficiency of existing investment mechanisms; and by assisting in the procurement of managerial and technical assistance necessary to attract potential investors.

      (5) The department shall assist women and minority-owned businesses in overcoming barriers to entrepreneurial success.  The department shall contract with public and private agencies, institutions, and organizations to conduct entrepreneurial training courses for minority and women-owned businesses.  The instruction shall be intensive, practical training courses in financing, marketing, managing, accounting, and recordkeeping for a small business, with an emphasis on federal, state, local, or private programs available to assist small businesses.  Instruction shall be offered in major population centers throughout the state at times and locations that are convenient for minority and women small business owners.

(6)(a) By December 1, 2010, the department, in conjunction with the small business development center, must prepare and present to the governor and appropriate legislative committees a specific, actionable plan to increase access to capital and technical assistance to small businesses and entrepreneurs beginning with the 2011-2013 biennium.  In developing the plan, the department and the center must consult with the Washington state microenterprise association, and may consult with other government, nonprofit, and private organizations as necessary.  The plan must identify:

      (i) Existing sources of capital and technical assistance for small businesses and entrepreneurs;

      (ii) Critical gaps and barriers to availability of capital and delivery of technical assistance to small businesses and entrepreneurs;

      (iii) Workable solutions to filling the gaps and removing barriers identified in (a)(ii) of this subsection; and

      (iv) The financial resources and statutory changes necessary to put the plan into effect beginning with the 2011-2013 biennium.

      (b) With respect to increasing access to capital, the plan must identify specific, feasible sources of capital and practical mechanisms for expanding access to it.

      (c) The department and the center must include, within the analysis and recommendations in (a) of this subsection, any specific gaps, barriers, and solutions related to rural and low-income communities and small manufacturers interested in exporting.

Sec. 3.  RCW 28B.30.530 and 2009 c 486 s 1 are each amended to read as follows:

      (1) The board of regents of Washington State University shall establish the Washington State University small business development center.

      (2) The center shall provide management and technical assistance including but not limited to training, counseling, and research services to small businesses throughout the state.  The center shall work with the department of ((community, trade, and economic development)) commerce, the state board for community and technical colleges, the higher education coordinating board, the workforce training and education coordinating board, the employment security department, the Washington state economic development commission, associate development organizations, and workforce development councils to:

      (a) Integrate small business development centers with other state and local economic development and workforce development programs;

      (b) Target the centers' services to small businesses;

      (c) Tailor outreach and services at each center to the needs and demographics of entrepreneurs and small businesses located within the service area;

      (d) Establish and expand small business development center satellite offices when financially feasible; and

      (e) Coordinate delivery of services to avoid duplication.

      (3) The administrator of the center may contract with other public or private entities for the provision of specialized services.

      (4) The small business development center may accept and disburse federal grants or federal matching funds or other funds or donations from any source when made, granted, or donated to carry out the center's purposes.  When drawing on funds from the business assistance account created in RCW ((30.60.010)) 28B.30.531, the center must first use the funds to make increased management and technical assistance available to existing small businesses and start-up businesses at satellite offices.  The funds may also be used to develop and expand assistance programs such as small business planning workshops and small business counseling.

      (5) The legislature directs the small business development center to request United States small business administration approval of a special emphasis initiative, as permitted under 13 C.F.R. 130.340(c) as of April 1, 2009, to target assistance to Washington state's smaller businesses.  This initiative would be negotiated and included in the first cooperative agreement application process that occurs after July 26, 2009.

      (6) By ((December 1, 2009, and)) December 1, 2010, ((respectively,)) the center shall provide a written progress report and a final report to the appropriate committees of the legislature with respect to the requirements in subsections (2) and (5) of this section and the amount and use of funding received through the business assistance account.  The reports must also include data on the number, location, staffing, and budget levels of satellite offices; affiliations with community colleges, associate development organizations or other local organizations; the number, size, and type of small businesses assisted; and the types of services provided.  The reports must also include information on the outcomes achieved, such as jobs created or retained, private capital invested, and return on the investment of state and federal dollars.

(7)(a) By December 1, 2010, the center, in conjunction with the department of commerce, must prepare and present to the governor and appropriate legislative committees a specific, actionable plan to increase access to capital and technical assistance to small businesses and entrepreneurs beginning with the 2011-2013 biennium.  In developing the plan, the center and the department must consult with the Washington state microenterprise association, and may consult with other government, nonprofit, and private organizations as necessary.  The plan must identify:

                     (i) Existing sources of capital and technical assistance for small businesses and entrepreneurs;

                     (ii) Critical gaps and barriers to availability of capital and delivery of technical assistance to small businesses and entrepreneurs;

                     (iii) Workable solutions to filling the gaps and removing barriers identified in (a)(ii) of this subsection; and

                     (iv) The financial resources and statutory changes necessary to put the plan into effect beginning with the 2011-2013 biennium.

                     (b) With respect to increasing access to capital, the plan must identify specific, feasible sources of capital and practical mechanisms for expanding access to it.

                     (c) The center and the department must include, within the analysis and recommendations in (a) of this subsection, any specific gaps, barriers, and solutions related to rural and low-income communities and small manufacturers interested in exporting."

Correct the title.

 

Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Chase; Liias; Moeller and Probst.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Smith, Ranking Minority Member; Orcutt and Parker.

 

Referred to Committee on Ways & Means.

 

February 22, 20100)

SSB 6674            Prime Sponsor, Committee on Judiciary: Regulating indemnification agreements involving motor carrier transportation contracts.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

2SSB 6679          Prime Sponsor, Committee on Ways & Means: Concerning the small business export finance assistance center.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.210.040 and 1998 c 109 s 3 are each amended to read as follows:

      (1) The small business export finance assistance center formed under RCW 43.210.020 and 43.210.030 ((shall have)) has the powers granted under chapter 24.03 RCW.  In exercising such powers, the center may:

      (a) Solicit and accept grants, contributions, and any other financial assistance from the federal government, federal agencies, and any other sources to carry out its purposes;

      (b) Make loans or provide loan guarantees on loans made by financial institutions to Washington businesses with annual sales of two hundred million dollars or less for the purpose of financing exports of goods or services by those businesses to buyers in foreign countries and for the purpose of financing business growth to accommodate increased export sales.  Loans or loan guarantees made under the authority of this section may only be considered upon a financial institution's assurance that such loan or loan guarantee is otherwise not available;

      (c) Provide assistance to businesses with annual sales of two hundred million dollars or less in obtaining loans and guarantees of loans made by financial institutions for the purpose of financing export of goods or services from the state of Washington;

      (((c))) (d) Provide export finance and risk mitigation counseling to Washington exporters with annual sales of two hundred million dollars or less, provided that such counseling is not practicably available from a Washington for-profit business.  For such counseling, the center may charge reasonable fees as it determines are necessary;

      (((d))) (e) Provide assistance in obtaining export credit insurance or alternate forms of foreign risk mitigation to facilitate the export of goods and services from the state of Washington;

      (((e))) (f) Be available as a teaching resource to both public and private sponsors of workshops and programs relating to the financing and risk mitigation aspects of exporting products and services from the state of Washington;

      (((f))) (g) Develop a comprehensive inventory of export-financing resources, both public and private, including information on resource applicability to specific countries and payment terms;

      (((g))) (h) Contract with the federal government and its agencies to become a program administrator for federally provided loan guarantee and export credit insurance programs; and

      (((h))) (i) Take whatever action may be necessary to accomplish the purposes set forth in this chapter.

      (2) The center may not use any Washington state funds or funds which come from the public treasury of the state of Washington to make loans or to make any payment under a loan guarantee agreement.  Under no circumstances may the center use any funds received under RCW 43.210.050 to make or assist in making any loan or to pay or assist in paying any amount under a loan guarantee agreement.  Debts of the center shall be center debts only and may be satisfied only from the resources of the center.  The state of Washington shall not in any way be liable for such debts.

      (3) The small business export finance assistance center shall make every effort to seek nonstate funds for its continued operation.

      (4) The small business export finance assistance center may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the small business export finance assistance center and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

Sec. 2.  RCW 43.210.050 and 1998 c 245 s 84 are each amended to read as follows:

(1) The small business export finance assistance center formed under RCW 43.210.020 and 43.210.030 ((shall)) must enter into a contract under this chapter with the department of ((community, trade, and economic development)) commerce or its statutory successor.

(2) The contract ((shall)) under subsection (1) of this section must:

                     (a) Require the center to provide export assistance services((, consistent with RCW 43.210.070 and 43.210.100 through 43.210.120, shall));

                     (b) Have a duration of two years((, and shall));

                     (c) Require the center to aggressively seek to fund its continued operation from nonstate funds((.  The contract shall also)); and

                     (d) Require the center to report annually to the department on its success in obtaining nonstate funding.  ((Upon expiration of the contract, any provisions within the contract applicable to the Pacific Northwest export assistance project shall be automatically renewed without change provided the legislature appropriates funds for administration of the small business export assistance center and the Pacific Northwest export assistance project.  The provisions of the contract related to the Pacific Northwest export assistance project may be changed at any time if the director of the department of community, trade, and economic development or the president of the small business export finance assistance center present compelling reasons supporting the need for a contract change to the board of directors and a majority of the board of directors agrees to the changes.  The department of agriculture shall be included in the contracting negotiations with the department of community, trade, and economic development and the small business export finance assistance center when the Pacific Northwest export assistance project provides export services to industrial sectors within the administrative domain of the Washington state department of agriculture.))"

Correct the title.

 

Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Smith, Ranking Minority Member; Chase; Liias; Moeller; Orcutt; Parker and Probst.

 

Referred to Committee on General Government Appropriations.

 

February 22, 20100)

SSB 6692            Prime Sponsor, Committee on Environment, Water & Energy: Allowing certain counties to participate and enter into ownership agreements for electric generating facilities powered by biomass.  Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 36.140.010 and 2009 c 281 s 1 are each amended to read as follows:

      (1) Any county legislative authority of a county where a public utility district owns and operates a plant or system for the generation, transmission, and distribution of electric energy for sale within the county may construct, purchase, acquire, operate, and maintain ((a)) one facility within the county to generate electricity from biomass energy that is a renewable resource under RCW 19.285.030 or from biomass energy that is produced from lignin in spent pulping liquors or liquors derived from algae and other sources.  The county legislative authority has the authority to regulate and control the use, distribution, sale, and price of the electricity produced from the biomass facility authorized under this section.

      (2) For the purposes of this section:

      (a) "County legislative authority" means the board of county commissioners or the county council; ((and))

      (b) "Plant" means a natural gas-fueled, combined-cycle combustion turbine capable of generating at least two hundred forty megawatts of electricity; and

      (c) "Public utility district" means a municipal corporation formed under chapter 54.08 RCW.

Sec. 2.  RCW 54.44.020 and 2008 c 198 s 3 are each amended to read as follows:

      (1) Except as provided in subsections (2) and (3) of this section, cities of the first class, public utility districts organized under chapter 54.08 RCW, and joint operating agencies organized under chapter 43.52 RCW, any such cities and public utility districts which operate electric generating facilities or distribution systems and any joint operating agency shall have power and authority to participate and enter into agreements with each other and with electrical companies which are subject to the jurisdiction of the Washington utilities and transportation commission or the public utility commissioner of Oregon, hereinafter called "regulated utilities", and with rural electric cooperatives, including generation and transmission cooperatives for the undivided ownership of any type of electric generating plants and facilities, including, but not limited to, nuclear and other thermal power generating plants and facilities and transmission facilities including, but not limited to, related transmission facilities, hereinafter called "common facilities", and for the planning, financing, acquisition, construction, operation and maintenance thereof.  It shall be provided in such agreements that each city, public utility district, or joint operating agency shall own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction thereof and shall own and control a like percentage of the electrical output thereof.

      (2) Cities of the first class, public utility districts organized under chapter 54.08 RCW, and joint operating agencies organized under chapter 43.52 RCW, shall have the power and authority to participate and enter into agreements for the undivided ownership of a coal-fired thermal electric generating plant and facility placed in operation before July 1, 1975, including related common facilities, and for the planning, financing, acquisition, construction, operation, and maintenance of the plant and facility.  It shall be provided in such agreements that each city, public utility district, or joint operating agency shall own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by the city, district, or agency, for the acquisition and construction of the facility, and shall own and control a like percentage of the electrical output thereof.  Cities of the first class, public utility districts, and joint operating agencies may enter into agreements under this subsection with each other, with regulated utilities, with rural electric cooperatives, with electric companies subject to the jurisdiction of the regulatory commission of any other state, and with any power marketer subject to the jurisdiction of the federal energy regulatory commission.

      (3)(a) Except as provided in subsections (1) and (2) of this section, cities of the first class, counties with a biomass facility authorized under RCW 36.140.010, public utility districts organized under chapter 54.08 RCW, any cities that operate electric generating facilities or distribution systems, any joint operating agency organized under chapter 43.52 RCW, or any separate legal entity comprising two or more thereof organized under chapter 39.34 RCW shall, either directly or as co‑owners of a separate legal entity, have power and authority to participate and enter into agreements described in (b) and (c) of this subsection with each other, and with any of the following, either directly or as co‑owners of a separate legal entity:

      (i) Any public agency, as that term is defined in RCW 39.34.020;

      (ii) Electrical companies that are subject to the jurisdiction of the Washington utilities and transportation commission or the regulatory commission of any state; and

      (iii) Rural electric cooperatives and generation and transmission cooperatives or any wholly owned subsidiaries of either rural electric cooperatives or generation and transmission cooperatives.

      (b) Except as provided in (b)(i)(B) of this subsection (3), agreements may provide for:

      (i)(A) The undivided ownership, or indirect ownership in the case of a separate legal entity, of common facilities that include any type of electric generating plant ((powered by)) generating an eligible renewable resource, as defined in RCW 19.285.030, and transmission facilities including, but not limited to, related transmission facilities, and for the planning, financing, acquisition, construction, operation, and maintenance thereof;

      (B) For counties with a biomass facility authorized under RCW 36.140.010, the provisions in (b)(i)(A) of this subsection (3) are limited to the purposes of RCW 36.140.010; and

      (ii) The formation, operation, and ownership of a separate legal entity that may own the common facilities.

      (c) Agreements must provide that each city, county, public utility district, or joint operating agency:

      (i) Owns a percentage of any common facility or a percentage of any separate legal entity equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction thereof; and

      (ii) Owns and controls, or has a right to own and control in the case of a separate legal entity, a like percentage of the electrical output thereof.

      (d) Any entity in which a public utility district participates, either directly or as co-owner of a separate legal entity, in constructing or developing a common facility pursuant to this subsection shall comply with the provisions of chapter 39.12 RCW.

      (4) Each participant shall defray its own interest and other payments required to be made or deposited in connection with any financing undertaken by it to pay its percentage of the money furnished or value of property supplied by it for the planning, acquisition and construction of any common facility, or any additions or betterments thereto.  The agreement shall provide a uniform method of determining and allocating operation and maintenance expenses of the common facility.

                     (5) Each city, county acting under RCW 36.140.010, public utility district, joint operating agency, regulated utility, and cooperatives participating in the direct or indirect ownership or operation of a common facility described in subsections (1) through (3) of this section shall pay all taxes chargeable to its share of the common facility and the electric energy generated thereby under applicable statutes as now or hereafter in effect, and may make payments during preliminary work and construction for any increased financial burden suffered by any county or other existing taxing district in the county in which the common facility is located, pursuant to agreement with such county or taxing district."

Correct the title.

 

Signed by Representatives McCoy, Chair; Finn, Vice Chair; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Carlyle; Eddy; Hasegawa; Hinkle; Hudgins; Jacks; McCune; Morris; Nealey; Takko; Taylor and Van De Wege.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6706            Prime Sponsor, Committee on Economic Development, Trade & Innovation: Concerning the commercialization of research at state universities.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 28B.10 RCW to read as follows:

      (1) It is the intent of the legislature that state universities engage in the commercialization of research and other economic development and workforce development activities that benefit the intermediate and long-term economic vitality of Washington.  State universities are expected to develop and strengthen university-industry relationships through the conduct of research, the support of company formation and job generation, and collaborative training.  The state universities, using in-house university resources and not contractors, must perform one or more of the following functions:

      (a) Provide collaborative research and technology transfer opportunities;

      (b) Publicize their commercialization processes and include an explanation of how to access commercialization resources at the universities;

      (c) Develop mechanisms for pairing researchers, entrepreneurs, and investors.  Such mechanisms are to include, but are not limited to, developing guides, web sites, or workshops on funding opportunities, on entrepreneurship and the process of starting a company, and on university-industry relations;

      (d) Host events to connect researchers to entrepreneurs, investors, and individuals from the state's technology-based industries; and

      (e) Provide opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions.

      (2) In carrying out the functions in this section, the universities may work with and through the higher education coordinating board.

NEW SECTION.  Sec. 2.  A new section is added to chapter 28B.10 RCW to read as follows:

      To support the formation of companies created around the technologies developed at state universities, the state universities are authorized to establish and administer bridge-funding programs for start-up companies using funds from the federal government and the private sector."

Correct the title.

 

Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Chase; Liias; Moeller and Probst.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Smith, Ranking Minority Member; Orcutt and Parker.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SSB 6727            Prime Sponsor, Committee on Ways & Means: Concerning health sciences and services authorities.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 35.104.060 and 2009 c 564 s 921 are each amended to read as follows:

      (1) The authority has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers, including the authority may:

      (a) Sue and be sued in its own name;

      (b) Make and execute agreements, contracts, and other instruments, with any public or private entity or person, in accordance with this chapter;

      (c) Employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as are necessary or desirable to implement this chapter;

      (d) Establish such special funds, and control deposits to and disbursements from them, as it finds convenient for the implementation of this chapter;

      (e) Enter into contracts with public and private entities for research to be conducted in this state;

      (f) Delegate any of its powers and duties if consistent with the purposes of this chapter;

      (g) Exercise any other power reasonably required to implement the purposes of this chapter; and

      (h) Hire staff and pay administrative costs; however, such expenses shall be paid from moneys provided by the sponsoring local government and moneys received from gifts, grants, and bequests and the interest earned on the authority's accounts and investments.  ((During the 2009-2011 fiscal biennium, up to)) No more than ten percent of the amounts received under RCW 82.14.480 may be used by a health sciences and services ((and sciences)) authority for the purposes of subsections (1)(c) and (h) of this section.

      (2) In addition to other powers and duties prescribed in this chapter, the authority is empowered to:

      (a) Use the authority's public moneys, leveraging those moneys with amounts received from other public and private sources in accordance with contribution agreements, to promote bioscience-based economic development, and to advance new therapies and procedures to combat disease and promote public health;

      (b) Solicit and receive gifts, grants, and bequests, and enter into contribution agreements with private entities and public entities to receive moneys in consideration of the authority's promise to leverage those moneys with the revenue generated by the tax authorized under RCW 82.14.480 and contributions from other public entities and private entities, in order to use those moneys to promote bioscience-based economic development and advance new therapies and procedures to combat disease and promote public health;

      (c) Hold funds received by the authority in trust for their use pursuant to this chapter to promote bioscience-based economic development and advance new therapies and procedures to combat disease and promote public health;

      (d) Manage its funds, obligations, and investments as necessary and consistent with its purpose, including the segregation of revenues into separate funds and accounts;

      (e) Borrow money and incur indebtedness pursuant to section 4 of this act;

      (f) Make grants to entities pursuant to contract to promote bioscience-based economic development and advance new therapies and procedures to combat disease and promote public health.  Grant agreements shall specify the deliverables to be provided by the recipient pursuant to the grant.  Grants to private entities may only be provided under a contractual agreement that ensures the state will receive appropriate consideration, such as an assurance of job creation or retention, or the delivery of services that provide for the public health, safety, and welfare.  The authority shall solicit requests for funding and evaluate the requests by reference to factors such as:  (i) The quality of the proposed research; (ii) its potential to improve health outcomes, with particular attention to the likelihood that it will also lower health care costs, substitute for a more costly diagnostic or treatment modality, or offer a breakthrough treatment for a particular disease or condition; (iii) its potential to leverage additional funding; (iv) its potential to provide health care benefits; (v) its potential to stimulate employment; and (vi) evidence of public and private collaboration;

      (((f))) (g) Create one or more advisory boards composed of scientists, industrialists, and others familiar with health sciences and services; and

      (((g))) (h) Adopt policies and procedures to facilitate the orderly process of grant application, review, and reward.

      (3) The records of the authority shall be subject to audit by the office of the state auditor.

Sec. 2.  RCW 35.104.040 and 2007 c 251 s 4 are each amended to read as follows:

      (1) The higher education coordinating board may approve applications submitted by local governments for an area's designation as a health sciences and services authority under this chapter.  The director ((shall)) must determine the division to review applications submitted by local governments under this chapter.  The application for designation ((shall)) must be in the form and manner and contain such information as the higher education coordinating board may prescribe, provided the application ((shall)):

      (a) Contains sufficient information to enable the director to determine the viability of the proposal;

      (b) Demonstrates that an ordinance or resolution has been passed by the legislative authority of a local government that delineates the boundaries of an area that may be designated an authority;

      (c) ((Be)) Is submitted on behalf of the local government, or, if that office does not exist, by the legislative body of the local government;

      (d) Demonstrates that the public funds directed to programs or facilities in the authority will leverage private sector resources and contributions to activities to be performed;

      (e) Provides a plan or plans for the development of the authority as an entity to advance as a cluster for health sciences education, health sciences research, biotechnology development, biotechnology product commercialization, and/or health care services; and

      (f) Demonstrates that the state has previously provided funds to health sciences and services programs or facilities in the applicant city, town, or county.

      (2) The director ((shall)) must determine the division to develop criteria to evaluate the application.  The criteria ((shall)) must include:

      (a) The presence of infrastructure capable of spurring development of the area as a center of health sciences and services;

      (b) The presence of higher education facilities where undergraduate or graduate coursework or research is conducted; and

      (c) The presence of facilities in which health services are provided.

      (3) There ((shall)) may be no more than ((one authority)) two authorities statewide.

      (4) An authority may only be created in a county with a population of less than one million persons and located east of the crest of the Cascade mountains.

      (5) The director may reject or approve an application.  When denying an application, the director must specify the application's deficiencies.  The decision regarding such designation as it relates to a specific local government is final; however, a rejected application may be resubmitted.

      (6) Applications are due by December 31, ((2007)) 2010, and must be processed within sixty days of submission.

      (7) The director may, at his or her discretion, amend the boundaries of an authority upon the request of the local government.

      (8) The higher education coordinating board may adopt any rules necessary to implement this chapter ((251, Laws of 2007 within one hundred twenty days of July 22, 2007)).

      (9) The higher education coordinating board must develop evaluation and performance measures in order to evaluate the effectiveness of the programs in the authorities that are funded with public resources.  A report to the legislature ((shall be)) is due on a biennial basis beginning December 1, 2009.  In addition, the higher education coordinating board ((shall)) must develop evaluation criteria that enables the local governments to measure the effectiveness of the program.

Sec. 3.  RCW 82.14.480 and 2007 c 251 s 11 are each amended to read as follows:

      (1) The legislative authority of a local jurisdiction that has created a health sciences and services authority under RCW 35.104.030, prior to January 1, 2010, may impose a sales and use tax in accordance with the terms of this chapter.  The tax is in addition to other taxes authorized by law and ((shall)) must be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the local jurisdiction.  The rate of the tax ((shall)) may not exceed 0.020 percent of the selling price in the case of a sales tax or the value of the article used in the case of a use tax.

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

      (3) The amounts received under this section may only be used in accordance with RCW 35.104.060 or to finance and retire the indebtedness incurred pursuant to RCW 35.104.070, in whole or in part.

      (4) This section expires January 1, 2023.

NEW SECTION.  Sec. 4.  A new section is added to chapter 35.104 RCW to read as follows:

      (1) A local government that has established a health sciences and services authority under RCW 35.104.030 may, by ordinance or resolution, authorize the authority to borrow money under the conditions set forth in this section.

      (2) Moneys borrowed by an authority must be secured by funds derived from gifts or grants from any source, public or private, federal, state, or local government grants or payments, or intergovernmental transfers.

      (3) The authority shall incur no expense or liability that is an obligation, either general or special, of the state or local government, or a general obligation of the authority, and shall pay no expense or liability from funds other than funds of the authority.

Sec. 5.  RCW 42.30.110 and 2005 c 424 s 13 are each amended to read as follows:

      (1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:

      (a) To consider matters affecting national security;

      (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;

      (c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price.  However, final action selling or leasing public property shall be taken in a meeting open to the public;

      (d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;

      (e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;

      (f) To receive and evaluate complaints or charges brought against a public officer or employee.  However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;

      (g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee.  However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;

      (h) To evaluate the qualifications of a candidate for appointment to elective office.  However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;

      (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.

      This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present.  For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:

      (((A))) (i) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;

      (((B))) (ii) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or

      (((C))) (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;

      (j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate.  However, final action on these matters shall be taken in a meeting open to the public;

      (k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information;

      (l) To consider proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services as provided in RCW 41.05.026;

      (m) To consider in the case of the life sciences discovery fund authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information;

      (n) To consider in the case of a health sciences and services authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information.

(2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded.  The executive session may be extended to a stated later time by announcement of the presiding officer."

Correct the title.

 

Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Smith, Ranking Minority Member; Chase; Liias; Moeller; Parker and Probst.

 

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

 

Referred to Committee on Finance.

 

February 22, 20100)

ESB 6764           Prime Sponsor, Senator Gordon: Regarding accrual of interest on judgments founded on tortious conduct.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass as amended.

 

      Strike everything after the enacting clause and insert the following:

      "Sec. 1.  RCW 4.56.110 and 2004 c 185 s 2 are each amended to read as follows:

      Interest on judgments shall accrue as follows:

      (1) Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts:  PROVIDED, That said interest rate is set forth in the judgment.

      (2) All judgments for unpaid child support that have accrued under a superior court order or an order entered under the administrative procedure act shall bear interest at the rate of twelve percent.

      (3) (a) Judgments founded on the tortious conduct of ((individuals or other entities, whether acting in their personal or representative capacities,)) a "public agency" as defined in RCW 42.30.020 shall bear interest from the date of entry at two percentage points above the equivalent coupon issue yield, as published by the board of governors of the federal reserve system, of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the calendar month immediately preceding the date of entry.  In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.

      (b) Except as provided in subsection (3)(a) of this section, judgments founded on the tortious conduct of individuals or other entities, whether acting in their personal or representative capacities, shall bear interest from the date of entry at two percentage points above the prime rate, as published by the board of governors of the federal reserve system on the first business day of the calendar month immediately preceding the date of entry.  In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.

      (4) Except as provided under subsections (1), (2), and (3) of this section, judgments shall bear interest from the date of entry at the maximum rate permitted under RCW 19.52.020 on the date of entry thereof.  In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.  The method for determining an interest rate prescribed by this subsection is also the method for determining the "rate applicable to civil judgments" for purposes of RCW 10.82.090.

      NEW SECTION. Sec. 2. The rate of interest required by RCW 4.56.110 3(a) and (b) applies to the accrual of interest:

      (1) As of the date of entry of judgment with respect to a judgment that is entered on or after the effective date of this section; and

(2) As of the effective date of this section with respect to a judgment that was entered before the effective date of this section and that is still accruing interest on the effective date of this section."

 

Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Kelley; Kirby; Ormsby and Roberts.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Ross and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

2SSB 6790          Prime Sponsor, Committee on Ways & Means: Concerning cluster and innovation partnership zone grants.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass as amended.

0)

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.330.270 and 2009 c 72 s 1 are each amended to read as follows:

      (1) The department shall design and implement an innovation partnership zone program through which the state will encourage and support research institutions, workforce training organizations, and globally competitive companies to work cooperatively in close geographic proximity to create commercially viable products and jobs.

      (2) The director shall designate innovation partnership zones on the basis of the following criteria:

      (a) Innovation partnership zones must have three types of institutions operating within their boundaries, or show evidence of planning and local partnerships that will lead to dense concentrations of these institutions:

      (i) Research capacity in the form of a university or community college fostering commercially valuable research, nonprofit institutions creating commercially applicable innovations, or a national laboratory;

      (ii) Dense proximity of globally competitive firms in a research-based industry or industries or of individual firms with innovation strategies linked to (a)(i) of this subsection.  A globally competitive firm may be signified through international organization for standardization 9000 or 1400 certification, or other recognized evidence of international success; and

      (iii) Training capacity either within the zone or readily accessible to the zone.  The training capacity requirement may be met by the same institution as the research capacity requirement, to the extent both are associated with an educational institution in the proposed zone.

      (b) The support of a local jurisdiction, a research institution, an educational institution, an industry or cluster association, a workforce development council, and an associate development organization, port, or chamber of commerce;

      (c) Identifiable boundaries for the zone within which the applicant will concentrate efforts to connect innovative researchers, entrepreneurs, investors, industry associations or clusters, and training providers.  The geographic area defined should lend itself to a distinct identity and have the capacity to accommodate firm growth;

      (d) The innovation partnership zone administrator must be an economic development council, port, workforce development council, city, or county.

      (3) With respect solely to the research capacity required in subsection (2)(a)(i) of this section, the director may waive the requirement that the research institution be located within the zone.  To be considered for such a waiver, an applicant must provide a specific plan that demonstrates the research institution's unique qualifications and suitability for the zone, and the types of jointly executed activities that will be used to ensure ongoing, face-to-face interaction and research collaboration among the zone's partners.

      (4) On October 1st of each odd-numbered year, the director shall designate innovation partnership zones on the basis of applications that meet the legislative criteria, estimated economic impact of the zone, evidence of forward planning for the zone, and other criteria as recommended by the Washington state economic development commission.  Estimated economic impact must include evidence of anticipated private investment, job creation, innovation, and commercialization.  The director shall require evidence that zone applicants will promote commercialization, innovation, and collaboration among zone residents and with applicable industry clusters.

      (5) Innovation partnership zones are eligible for funds and other resources as provided by the legislature, the department, or at the discretion of the governor.

      (6) If the innovation partnership zone meets the other requirements of the fund sources, then the zone is eligible for the following ((funds relating to)) state programs:

      (a) The local infrastructure financing tools and the local revitalization financing programs;

      (b) The sales and use tax for public facilities in rural counties; ((and))

      (c) Job skills; and

      (d) The industry cluster grant program.

      (7) An innovation partnership zone shall be designated as a zone for a four-year period.  At the end of the four-year period, the zone must reapply for the designation through the department.

      (8) If the director finds at any time after the initial year of designation that an innovation partnership zone is failing to meet the performance standards required in its contract with the department, the director may withdraw such designation and cease state funding of the zone.

      (9) The department shall convene annual information sharing events for innovation partnership zone administrators, industry clusters and their associations, and other interested parties.

      (10) An innovation partnership zone shall provide performance measures as required by the director, including but not limited to private investment measures, job creation measures, and measures of innovation such as licensing of ideas in research institutions, patents, or other recognized measures of innovation.

                     (11) The department shall compile a biennial report on the innovation partnership zone program by December 1st of every even-numbered year.  The report shall provide information for each zone on its:  Objectives; funding, tax incentives, and other support obtained from public sector sources; major activities; partnerships, including connections with industry clusters; performance measures; and outcomes achieved since the inception of the zone or since the previous biennial report.  The report shall also include the department's recommendations for increasing the effectiveness of individual zones and the program overall, including mechanisms for expanding and strengthening connections between the zones and applicable industry clusters.  The Washington state economic development commission shall review the department's draft report and make additional recommendations on ways to increase the effectiveness of individual zones and the program overall.  The department shall submit the report, including the commission's recommendations, to the governor and legislature beginning December 1, 2010."

Correct the title.

 

Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Liias; Moeller and Probst.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Smith, Ranking Minority Member; Orcutt and Parker.

 

Referred to Committee on General Government Appropriations.

 

February 22, 20100)

SB 6804              Prime Sponsor, Senator Kohl-Welles: Allowing the department of social and health services to adopt rules establishing standards for the review and certification of treatment facilities under the problem and pathological gambling treatment program.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Darneille; Green; O'Brien and Walsh.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Dammeier, Ranking Minority Member and Herrera.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

ESSB 6805         Prime Sponsor, Committee on Economic Development, Trade & Innovation: Concerning the Washington state economic development commission.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.162.005 and 2007 c 232 s 1 are each amended to read as follows:

      The legislature finds that ((Washington's innovation and trade- driven economy has provided tremendous opportunities for citizens of the state, but that there is no guarantee that globally competitive firms will continue to grow and locate in the state.  The current economic development system is fragmented among numerous programs, councils, centers, and organizations with inadequate overall coordination and insufficient guidance built into the system to ensure that the system is responsive to its customers.  The current economic development system's data-gathering and evaluation methods are inconsistent and unable to provide adequate information for determining how well the system is performing on a regular basis so the system may be held accountable for its outcomes.

      The legislature also finds that developing a comprehensive economic development strategic plan to guide the operation of effective economic development programs, including workforce training, infrastructure development, small business assistance, technology transfer, and export assistance, is vital to the state's efforts to increase the competitiveness of state businesses, encourage employment growth, increase state revenues, and generate economic well-being.  There is a need for responsive and consistent involvement of the private sector in the state's economic development efforts.  The legislature finds that there is a need for the development of coordination criteria for business recruitment, expansion, and retention activities carried out by the state and local entities.  It is the intent of the legislature to create an economic development commission that will provide planning, coordination, evaluation, monitoring, and policy analysis and development for the state economic development system as a whole, and advice to the governor and legislature concerning the state economic development system)) in order to achieve long-term global competitiveness, prosperity, and economic opportunity for all the state's citizens, Washington state must become the most attractive, creative, and fertile investment environment for innovation in the world.

      The legislature finds that the state must take a strategic approach to fostering an innovation economy, and that success will be driven by public and private sector leaders who are committed to developing and advocating a shared vision and collaborating across organizational and geographic boundaries.

      The legislature intends therefore that (1) the Washington economic development commission be comprised of business, labor, academic, association, and government leaders, and (2) the commission's mission be to create and regularly update a comprehensive statewide economic development strategy to guide the state's investments in economic development activities including:  Infrastructure, talent and workforce development, technology transfer, trade, access to capital, and entrepreneurship.

Sec. 2.  RCW 43.162.010 and 2007 c 232 s 2 are each amended to read as follows:

      (1) The Washington state economic development commission is established to ((oversee the economic development strategies and policies of the department of community, trade, and economic development)) assist the governor and legislature by providing leadership, direction, and guidance on a long-term and systematic approach to economic development that will result in enduring global competitiveness, prosperity, and economic opportunity for all the state's citizens.

      (2)(a) The ((Washington state economic development)) commission shall consist of ((eleven voting)) twenty-three members.  Fifteen of the members shall be voting members appointed by the governor as follows:  ((Six)) Eight representatives of the private sector, one representative of labor from east of the crest of the Cascade mountains and one representative of labor from west of the crest of the Cascade mountains, one representative of port districts, one representative of four-year state public higher education, one representative ((for)) of state community or technical colleges, one representative of nonprofit trade associations engaged in economic development, and one representative of associate development organizations.  The nonvoting ex officio members are:  The director of the department of ((community, trade, and economic development)) commerce, the director of the workforce training and education coordinating board, the commissioner of the employment security department, and the secretary of the department of transportation ((and)).  The voting ex officio members are the chairs and ranking minority members of the standing committees of the house of representatives and the senate overseeing economic development policies ((shall serve as nonvoting ex officio members)).

(b) Members may not designate alternates, substitutes, or surrogates.  However, members may participate in a meeting by conference telephone or similar communications equipment so that all persons participating in the meeting can hear each other at the same time.  Participation by that method constitutes presence in person at a meeting.

      (c) The chair of the commission shall be a voting member ((selected by the governor with the consent of the senate, and shall serve at the pleasure of the governor.  In selecting the chair, the governor shall seek a person who understands the future economic needs of the state and nation and the role the state's economic development system has in meeting those needs)) elected by members of the commission to a two- year term.  The chair may be reelected to serve additional terms.  The chair or vice-chair may not be the director of an executive branch agency or a member of the legislature.  A vice-chair shall also be elected by members of the commission and shall exercise the duties of the commission chair in his or her absence.

      (((b))) (d) In making the appointments, the governor shall consult with the commission and with organizations that have an interest in economic development, including, but not limited to, industry associations, labor organizations, minority business associations, economic development councils, chambers of commerce, port associations, tribes, and the chairs of the legislative committees with jurisdiction over economic development.

      (((c))) (e) The members shall be representative of the geographic regions of the state, including eastern and central Washington, as well as represent the ethnic diversity of the state.  Private sector members shall represent existing and emerging industries, small businesses, women-owned businesses, and minority-owned businesses.  Members of the commission shall serve statewide interests while preserving their diverse perspectives, and shall be recognized leaders in their fields with demonstrated experience in economic development, innovation, or disciplines related to economic development.

      (3) Members appointed by the governor shall serve at the pleasure of the governor for not more than two consecutive three-year terms, except that, as determined by the governor, the terms of four of the appointees on the commission on the effective date of this section expire in 2011, the terms of four of the appointees on the commission on the effective date of this section expire in 2012, and the terms of three of the appointees on the commission on the effective date of this section expire in 2013.  Thereafter all terms shall be for three years.  Vacancies shall be filled in the same manner as the original appointments.

      (4) The commission may establish committees as it desires, and may invite nonmembers of the commission to serve as committee members.

      (5) The executive director of the commission shall be appointed by the governor with the consent of the ((voting members of the)) commission.  The salary of the executive director shall be set by the governor with the consent of the commission.  The governor may dismiss the executive director only with the approval of a majority vote of the commission.  The commission, by a majority vote, may dismiss the executive director with the approval of the governor.  The commission shall evaluate the performance of the executive director in a manner consistent with the process used by the governor to evaluate the performance of agency directors.

      (6) The commission may adopt ((rules)) policies and procedures for its own governance.

      (7) As used in this chapter, "commission" means the Washington state economic development commission unless the context clearly requires otherwise.

Sec. 3.  RCW 43.162.015 and 2007 c 232 s 3 are each amended to read as follows:

      (1) ((The commission shall employ an executive director.))  The executive director of the commission shall serve as its chief executive officer ((of the commission and)).  Subject to available resources and in accordance with commission direction, the executive director shall:

      (a) Administer the provisions of this chapter((, employ such personnel as may be necessary to implement the purposes of this chapter, utilize staff of existing operating agencies to the fullest extent possible, and employ outside consulting and service agencies when appropriate)).

      (2) The executive director may not be the chair of the commission.

      (3) The executive director shall));

      (b) Appoint necessary staff who shall be exempt from the provisions of chapter 41.06 RCW.  The executive director's appointees shall serve at the executive director's pleasure on such terms and conditions as the executive director determines but subject to chapter 42.52 RCW((.

      (4) The executive director shall));

      (c) Appoint ((and employ such other)) employees ((as may be required for the proper discharge of the functions of the commission)) who shall be subject to the provisions of chapter 41.06 RCW; and

      (d) Contract with additional persons who have specific technical expertise if needed to carry out a specific, time-limited project.

      (((5))) (2) The executive director shall exercise ((such)) additional ((powers)) authority, other than rule making, as may be delegated by the commission.

(3) The executive director must develop for commission review and approval an annual commission budget and work plan in accordance with the omnibus appropriations bill approved by the legislature, and must present a fiscal report to the commission quarterly for its review and comment.  The fiscal reports must identify all moneys received and their respective sources, the amounts and purposes of expenditures to date, and the amounts and purposes of expenditures planned for the future.

      (4) The executive director of the commission shall report solely to the governor and the commissioners on matters pertaining to commission operations.

Sec. 4.  RCW 43.162.020 and 2009 c 151 s 9 are each amended to read as follows:

      ((The Washington state economic development commission shall:

      (1) Concentrate its major efforts on planning, coordination, evaluation, policy analysis, and recommending improvements to the state's economic development system using, but not limited to, the "Next Washington" plan and the global competitiveness council recommendations;

      (2) Develop and maintain on a biennial basis a state comprehensive plan for economic development, including but not limited to goals, objectives, and priorities for the state economic development system; identify the elements local associate development organizations must include in their countywide economic development plans; and review the state system for consistency with the state comprehensive plan.  The plan shall include the industry clusters in the state and the strategic clusters targeted by the commission for economic development efforts.  The commission shall consult with the workforce training and education coordinating board and include labor market and economic information by the employment security department in developing the list of clusters and strategic clusters that meet the criteria identified by the working group convened by the economic development commission and the workforce training and education coordinating board under chapter 43.330 RCW.  In developing the state comprehensive plan for economic development, the commission shall use, but may not be limited to:  Economic, labor market, and populations trend reports in office of financial management forecasts; the annual state economic climate report prepared by the economic climate council; joint office of financial management and employment security department labor force, industry employment, and occupational forecasts; the results of scientifically based outcome evaluations; the needs of industry associations, industry clusters, businesses, and employees as evidenced in formal surveys and other input;

      (3) Establish and maintain an inventory of the programs of the state economic development system and related state programs; perform a biennial assessment of the ongoing and strategic economic development needs of the state; and assess the extent to which the economic development system and related programs represent a consistent, coordinated, efficient, and integrated approach to meet such needs; and

      (4) Produce a biennial report to the governor and the legislature on progress by the commission in coordinating the state's economic development system and meeting the other obligations of this chapter, as well as include recommendations for any statutory changes necessary to enhance operational efficiencies or improve coordination.

      The commission may delegate to the executive director any of the functions of this section.)) (1) The commission shall concentrate its major efforts on strategic planning, policy research and analysis, advocacy, evaluation, and promoting coordination and collaboration.

      (2)(a) During each regular legislative session, the commission shall consult with appropriate legislative committees about the state's economic development needs and opportunities.

      (b) By June 15th of each even-numbered year, the commission shall submit to the governor and legislature a biennial comprehensive statewide economic development strategy.  The strategy may include:

      (i) An assessment of the state's economic vitality;

      (ii) Recommended goals, objectives, and priorities for the next biennium, and the future;

      (iii) A common set of outcomes and benchmarks for the economic development system as a whole;

      (iv) Recommendations for removing barriers and promoting collaboration among participants in the innovation ecosystem;

      (v) An inventory of existing relevant programs compiled by the commission from materials submitted by agencies;

      (vi) Recommendations for expanding, discontinuing, or redirecting existing programs, or adding new programs; and

      (vii) Recommendations of best practices and public and private sector roles in implementing the strategy.

      (3) By June 15th of every odd-numbered year, the commission shall develop and submit to the governor and legislature a written update to the biennial strategic plan.

      (4) In developing the biennial strategic plan for economic development and the annual update, the commission shall consult, collaborate, and coordinate with relevant state agencies, private sector business, nonprofit organizations involved in economic development, trade associations, and relevant local organizations in order to avoid duplication of effort.

      (5) State agencies shall cooperate with the commission and provide information as the commission may reasonably request.

      (6) The commission must develop a biennial budget request for approval by the office of financial management.  The department of commerce must forward the commission's budget request to the office of financial management with the department's budget package.  The commission must adopt an annual budget and work plan in accordance with the omnibus appropriations bill approved by the legislature.

      (7)(a) The commission and the department of commerce shall jointly develop and adopt a memorandum of understanding to outline and establish clear lines of authority and responsibility between them related to budget and administrative services.

      (b) To cover its administrative expenses as fiscal agent for the commission, the department of commerce may use no more than ten percent of the total state amounts appropriated in any year for the personnel costs of the commission plus three percent of the total nonstate amounts in the commission account created in section 7 of this act.

      (c) The memorandum of understanding shall not provide any additional grant of authorities to the commission or the department that is not already provided for by statute, nor diminish any authorities or powers granted to either party by statute.

      (d) Periodically, but not less often than biannually, the commission and department of commerce shall review the memorandum of understanding and, if necessary, recommend changes to the other party.

      (e) As provided generally under RCW 43.162.015, the executive director of the commission shall report solely to the governor and the commissioners on matters pertaining to commission operations.

      (8) To maintain its objectivity and concentration on strategic planning, policy research and analysis, and evaluation, the commission shall not take an administrative role in the delivery of services.  However, subject to available resources and consistent with its work plan, the commission or the executive director may conduct outreach activities such as regional forums and best practices seminars.

      (9) The commission must evaluate its own performance on a regular basis.

      (10) The commission may accept gifts, grants, donations, sponsorships, or contributions from any federal, state, or local governmental agency or program, or any private source, and expend the same for any purpose consistent with this chapter.

Sec. 5.  RCW 43.162.025 and 2007 c 232 s 5 are each amended to read as follows:

      ((Subject to available funds, the Washington state economic development commission may:

      (1) Periodically review for consistency with the state comprehensive plan for economic development the policies and plans established for:

      (a) Business and technical assistance by the small business development center, the Washington manufacturing service, the Washington technology center, associate development organizations, the department of community, trade, and economic development, and the office of minority and women-owned business enterprises;

      (b) Export assistance by the small business export finance assistance center, the international marketing program for agricultural commodities and trade, the department of agriculture, the center for international trade in forest products, associate development organizations, and the department of community, trade, and economic development; and

      (c) Infrastructure development by the department of community, trade, and economic development and the department of transportation;

      (2) Review and make recommendations to the office of financial management and the legislature on budget requests and legislative proposals relating to the state economic development system for purposes of consistency with the state comprehensive plan for economic development;

      (3) Provide for coordination among the different agencies, organizations, and components of the state economic development system at the state level and at the regional level;

      (4) Advocate for the state economic development system and for meeting the needs of industry associations, industry clusters, businesses, and employees;

      (5) Identify partners and develop a plan to develop a consistent and reliable database on participation rates, costs, program activities, and outcomes from publicly funded economic development programs in this state by January 1, 2011.

      (a) In coordination with the development of the database, the commission shall establish standards for data collection and maintenance for providers in the economic development system in a format that is accessible to use by the commission.  The commission shall require a minimum of common core data to be collected by each entity providing economic development services with public funds and shall develop requirements for minimum common core data in consultation with the economic climate council, the office of financial management, and the providers of economic development services;

      (b) The commission shall establish minimum common standards and metrics for program evaluation of economic development programs, and monitor such program evaluations; and

      (c) The commission shall, beginning no later than January 1, 2012, periodically administer, based on a schedule established by the commission, scientifically based outcome evaluations of the state economic development system including, but not limited to, surveys of industry associations, industry cluster associations, and businesses served by publicly funded economic development programs; matches with employment security department payroll and wage files; and matches with department of revenue tax files; and

      (6) Evaluate proposals for expenditure from the economic development strategic reserve account and recommend expenditures from the account.

      The commission may delegate to the director any of the functions of this section.)) Subject to available resources, the governor or legislature may direct the commission, from time to time, to undertake additional research and policy analysis, assessments, or other special projects related to its mission.

Sec. 6.  RCW 43.162.030 and 2007 c 232 s 7 are each amended to read as follows:

      Creation of the ((Washington state economic development)) commission shall not be construed to modify any authority or budgetary responsibility of the governor or the department of ((community, trade, and economic development)) commerce.

NEW SECTION.  Sec. 7.  A new section is added to chapter 43.162 RCW to read as follows:

The Washington state economic development commission account is created in the custody of the state treasurer.  All receipts from gifts, grants, donations, sponsorships, or contributions must be deposited into the account.  State appropriated funds may not be deposited into the account.  The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.  Expenditures from the account may be used only for purposes related to carrying out the mission, roles, and responsibilities of the commission.  Only the commission, or the commission's designee, may authorize expenditures from the account."

Correct the title.

 

Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Smith, Ranking Minority Member; Chase; Liias; Moeller; Orcutt; Parker and Probst.

 

Referred to Committee on General Government Appropriations.

 

February 22, 20100)

SJM 8025           Prime Sponsor, Senator Prentice: Requesting that a retired space shuttle orbiter be transferred to Washington's museum of flight.  Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kenney, Chair; Maxwell, Vice Chair; Smith, Ranking Minority Member; Liias; Moeller; Orcutt; Parker and Probst.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

SJM 8026           Prime Sponsor, Senator Regala: Requesting the Interstate Commission for Adult Offender Supervision immediately initiate its emergency rule-making process.  Reported by Committee on Human Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille; Green; Herrera; O'Brien and Walsh.

 

Passed to Committee on Rules for second reading.

 

SUPPLEMENTAL REPORTS OF STANDING COMMITTEES

 

February 23, 20100)

ESB 5041           Prime Sponsor, Senator Kilmer: Increasing state contracts with veteran-owned businesses. (REVISED FOR ENGROSSED: Encouraging state contracts with veteran-owned businesses. )  Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Armstrong, Ranking Minority Member; Alexander; Flannigan; Hurst; Miloscia and Taylor.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SSB 5046            Prime Sponsor, Committee on Labor, Commerce & Consumer Protection: Placing symphony musicians under the jurisdiction of the public employment relations commission for purposes of collective bargaining.  Reported by Committee on Commerce & Labor

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Conway, Chair; Wood, Vice Chair; Green; Moeller and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Condotta, Ranking Minority Member; Chandler and Crouse.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

ESB 5516           Prime Sponsor, Senator Franklin: Addressing drug overdose prevention.  Reported by Committee on Public Safety & Emergency Preparedness

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Appleton; Goodman; Kirby and Ross.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Pearson, Ranking Minority Member Klippert, Assistant Ranking Minority Member.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

ESSB 5529         Prime Sponsor, Committee on Labor, Commerce & Consumer Protection: Regarding architects.  Reported by Committee on Commerce & Labor

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 18.08.310 and 1985 c 37 s 2 are each amended to read as follows:

(1) It is unlawful for any person to practice or offer to practice architecture in this state, ((architecture,)) or to use in connection with his or her name or otherwise assume, use, or advertise any title or description including the word "architect," "architecture," "architectural," or language tending to imply that he or she is an architect, unless the person is registered or authorized to practice in the state of Washington under this chapter.

(2) An architect or architectural firm registered in any other jurisdiction recognized by the board may offer to practice architecture in this state if:

      (a) It is clearly and prominently stated in such an offer that the architect or firm is not registered to practice architecture in the state of Washington; and

      (b) Prior to practicing architecture or signing a contract to provide architectural services, the architect or firm must be registered to practice architecture in this state.

      (3) A person who has an accredited architectural degree may use the title "intern architect" when enrolled in a structured intern program recognized by the board and working under the direct supervision of an architect.

      (4) The provisions of this section shall not affect the use of the words "architect," "architecture," or "architectural" where a person does not practice or offer to practice architecture.

Sec. 2.  RCW 18.08.320 and 1985 c 37 s 3 are each amended to read as follows:

      ((Unless the context clearly requires otherwise,))  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Accredited architectural degree" means a professional degree from an institution of higher education accredited by the national architectural accreditation board or an equivalent degree in architecture as determined by the board.

      (2) "Administration of the construction contract" means the periodic observation of materials and work to observe the general compliance with the construction contract documents, and does not include responsibility for supervising construction methods and processes, site conditions, equipment operations, personnel, or safety on the work site.

      (((2))) (3) "Architect" means an individual who is registered under this chapter to practice architecture.

      (((3))) (4) "Board" means the state board ((of registration)) for architects.

      (((4))) (5) "Certificate of authorization" means a certificate issued by the director to a ((corporation or partnership)) business entity that authorizes the entity to practice architecture.

      (((5))) (6) "Certificate of registration" means the certificate issued by the director to newly registered architects.

      (((6))) (7) "Department" means the department of licensing.

      (((7))) (8) "Director" means the director of licensing.

      (((8))) (9) "Engineer" means an individual who is registered as an engineer under chapter 18.43 RCW.

      (((9))) (10) "Person" means any individual, partnership, professional service corporation, corporation, joint stock association, joint venture, or any other entity authorized to do business in the state.

      (((10))) (11) "Practice of architecture" means the rendering of services in connection with the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction of alterations or additions to the structures, including but not specifically limited to predesign services, schematic design, design development, preparation of construction contract documents, and administration of the construction contract.

      (((11))) (12) "Prototypical documents" means drawings or specifications, prepared by a person registered as an architect in any state or as otherwise approved by the board, that are not intended as final and complete technical submissions for a building project, but rather are to serve as a prototype for a building or buildings to be adapted by an architect for construction in more than one location.

      (13) "Registered" means holding a currently valid certificate of registration or certificate of authorization issued by the director authorizing the practice of architecture.

      (((12))) (14) "Structure" means any construction consisting of load-bearing members such as the foundation, roof, floors, walls, columns, girders, and beams or a combination of any number of these parts, with or without other parts or appurtenances.

(15) "Review" means a process of examination and evaluation, of the documents, for compliance with applicable laws, codes, and regulations affecting the built environment that includes the ability to control the final product.

      (16) "Registered professional design firm" means a business entity registered in Washington to offer and provide architectural services under RCW 18.08.420.

      (17) "Managers" means the members of a limited liability company in which management of its business is vested in the members, and the managers of a limited liability company in which management of its business is vested in one or more managers.

Sec. 3.  RCW 18.08.330 and 1985 c 37 s 4 are each amended to read as follows:

      There is ((hereby)) created a state board ((of registration)) for architects consisting of seven members who shall be appointed by the governor.  Six members shall be registered architects who are residents of the state and have at least eight years' experience in the practice of architecture as registered architects in responsible charge of architectural work or responsible charge of architectural teaching.  One member shall be a public member, who is not and has never been a registered architect and who does not employ and is not employed by or professionally or financially associated with an architect.

      The terms of each newly appointed member shall be six years.  ((The members of the board of registration for architects serving on July 28, 1985, shall serve out the remainders of their existing five-year terms.  The term of the public member shall coincide with the term of an architect.))

      Every member of the board shall receive a certificate of appointment from the governor.  On the expiration of the term of each member, the governor shall appoint a successor to serve for a term of six years or until the next successor has been appointed.

      The governor may remove any member of the board for cause.  Vacancies in the board for any reason shall be filled by appointment for the unexpired term.

      The board shall elect a ((chairman)) chair, a ((vice-chairman)) vice-chair, and a secretary.  The secretary may delegate his or her authority to the executive ((secretary)) director.

      Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 4.  RCW 18.08.340 and 2002 c 86 s 201 are each amended to read as follows:

      (1) The board may adopt such rules under chapter 34.05 RCW as are necessary for the proper performance of its duties under this chapter.

      (2) The director shall employ an executive ((secretary)) director subject to approval by the board.

Sec. 5.  RCW 18.08.350 and 1997 c 169 s 1 are each amended to read as follows:

      (1) A certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

      (2) Applications for examination shall be filed as the board prescribes by rule.  The application and examination fees shall be determined by the director under RCW 43.24.086.

      (3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess ((either)) one of the following qualifications:

      (a) Have an accredited architectural degree and at least three years' practical architectural work experience ((and have completed the requirements of)) in a structured intern training program approved by the board; or

      (b) Have ((eight years' practical architectural work experience, which may include designing buildings as a principal activity, and have completed the requirements of a structured intern training program approved by the board.  Each year spent in an accredited architectural education program approved by the board shall be considered one year of practical experience.  At least four years' practical work experience shall be under the direct supervision of an architect)) a high school diploma or equivalent and at least nine years of practical architectural work experience, including the completion of a structured intern training program under the direct supervision of an architect as determined by the board.  Prior to applying to enroll in a structured intern training program, the applicant must have at least six years of work experience, of which three years must be under the direct supervision of an architect.  This work experience may include designing buildings as a principal activity and postsecondary education as determined by the board.  The board may approve up to four years of practical architectural work experience for postsecondary education courses in architecture, architectural technology, or a related field, as determined by the board, including courses completed in a community or technical college if the courses are equivalent to courses in an accredited architectural degree program.

Sec. 6.  RCW 18.08.360 and 1985 c 37 s 7 are each amended to read as follows:

      (1) The examination for an architect's certificate of registration shall be held at least annually at such time and place as the board determines.

      (2) The board shall determine the content, scope, and grading process of the examination.  The board may adopt an appropriate national examination and grading procedure.

      (3) Applicants who fail to pass any section of the examination shall be permitted to retake the parts failed as prescribed by the board.  Applicants have five years from the date of the first passed examination section to pass all remaining sections.  If the entire examination is not successfully completed within five years, ((a retake of the entire examination shall be required)) any sections that were passed more than five years prior must be retaken.  If a candidate fails to pass all remaining sections within the initial five-year period, the candidate is given a new five-year period from the date of the second oldest passed section.  All sections of the examination must be passed within a single five-year period for the applicant to be deemed to have passed the complete examination.

(4) Applicants for registration who have an accredited architectural degree may begin taking the examination upon enrollment in a structured intern training program as approved by the board.  Applicants who do not possess an accredited architectural degree may take the examination only after completing the experience and intern training requirements of this chapter.

Sec. 7.  RCW 18.08.370 and 1985 c 37 s 8 are each amended to read as follows:

      (1) The director shall issue a certificate of registration to any applicant who has, to the satisfaction of the board, met all the requirements for registration upon payment of the registration fee as provided in this chapter.  All certificates of registration shall show the full name of the registrant, have the registration number, and shall be signed by the ((chairman)) chair of the board and by the director.  The issuance of a certificate of registration by the director is prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered architect.

      (2) Each registrant shall obtain a seal of the design authorized by the board bearing the architect's name, registration number, the legend "Registered Architect," and the name of this state.  ((Drawings prepared by the registrant shall be sealed and signed by the registrant when filed with public authorities.))  All technical submissions prepared by an architect and filed with public authorities must be sealed and signed by the architect.  It is unlawful to seal and sign a document after a registrant's certificate of registration or authorization has expired, been revoked, or is suspended.

(3) An architect may seal and sign technical submissions under the following conditions:

      (a) An architect may seal and sign technical submissions that are:  Prepared by the architect; prepared by the architect's regularly employed subordinates; prepared in part by an individual or firm under a direct subcontract with the architect; or prepared in collaboration with an architect who is licensed in a jurisdiction recognized by the board, provided there is a contractual agreement between the architects.

      (b) An architect may seal and sign technical submissions based on prototypical documents provided:  The architect obtains written permission from the architect who prepared or sealed the prototypical documents, and from the legal owner to adapt the prototypical documents; the architect thoroughly analyzes the prototypical documents, makes necessary revisions, and adds all required elements and design information, including the design services of engineering consultants, if warranted, so that the prototypical documents become suitable complete technical submissions, in compliance with applicable codes, regulations, and site-specific requirements.

      (c) An architect who seals and signs the technical submissions under this subsection (3) is responsible to the same extent as if the technical submissions were prepared by the architect.

Sec. 8.  RCW 18.08.410 and 1985 c 37 s 12 are each amended to read as follows:

      This chapter shall not affect or prevent:

      (1) The practice of naval architecture, landscape architecture as authorized in chapter 18.96 RCW, engineering as authorized in chapter 18.43 RCW, or the provision of space planning((,)) or interior design((, or any legally recognized profession or trade by persons not registered as architects)) services not affecting public health or safety;

      (2) Drafters, Clerks, project managers, superintendents, and other employees of architects((, engineers, naval architects, or landscape architects)) from acting under the instructions, control, or supervision of ((their employers)) an architect;

      (3) The construction, alteration, or supervision of construction of buildings or structures by contractors registered under chapter 18.27 RCW or superintendents employed by contractors or the preparation of shop drawings in connection therewith;

      (4) Owners or contractors registered under chapter 18.27 RCW from engaging persons who are not architects to observe and supervise construction of a project;

      (5) Any person from doing design work including preparing construction contract documents and administration of the construction contract for the erection, enlargement, repair, or alteration of a structure or any appurtenance to a structure regardless of size, if the structure is to be used for a residential building of up to and including four dwelling units or a farm building or is a structure used in connection with or auxiliary to such residential building or farm building such as a garage, barn, shed, or shelter for animals or machinery;

      (6) Except as otherwise provided in this section, any person from doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy up to a total building size of four thousand square feet ((of construction)); or

      (7) ((Design-build construction by registered general contractors if the structural design services are performed by a registered engineer;

      (8) Any person from designing buildings or doing other design work for any structure prior to the time of filing for a building permit; or

      (9) Any person from designing buildings or doing other design work for structures larger than those exempted under subsections (5) and (6) of this section, if the plans, which may include such design work, are stamped by a registered engineer or architect)) Any person from doing design work, including preparing construction contract documents and administration of the contract, for alteration of or repairs to a building where the project size is not more than four thousand square feet in a building greater than four thousand square feet and when the work contemplated by the design does not affect the life safety or structural systems of the building.  The combined square footage of simultaneous projects allowed under this subsection (7) may not exceed four thousand square feet.

Sec. 9.  RCW 18.08.420 and 2002 c 86 s 203 are each amended to read as follows:

      (1) ((An architect or architects may organize a corporation formed either as a business corporation under the provisions of Title 23B RCW or as a professional corporation under the provisions of chapter 18.100 RCW.  For an architect or architects to practice architecture through a corporation or joint stock association organized by any person under Title 23B RCW, the corporation or joint stock association shall file with the board:

      (a) The application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the corporation is qualified under this chapter to practice architecture in this state;

      (b) Its notices of incorporation and bylaws and a certified copy of a resolution of the board of directors of the corporation that designates individuals registered under this chapter as responsible for the practice of architecture by the corporation in this state and that provides that full authority to make all final architectural decisions on behalf of the corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board of directors to the individuals designated in the resolution.  The filing of the resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract; and

      (c) A designation in writing setting forth the name or names of the person or persons registered under this chapter who are responsible for the architecture of the firm.  If there is a change in the person or persons responsible for the architecture of the firm, the changes shall be designated in writing and filed with the board within thirty days after the effective date of the changes.)) Any business entity, including a sole proprietorship, offering architecture services in Washington state must register with the board, regardless of its business structure.  A business entity shall file with the board a list of individuals registered under this chapter as responsible for the practice of architecture by the business entity in this state and provides that full authority to make all final architectural decisions on behalf of the business entity with respect to work performed by the business entity in this state.  Further, the person having the practice of architecture in his/her charge is himself/herself a general partner (if a partnership or limited liability partnership), or a manager (if a limited liability company), or a director (if a business corporation or professional service corporation) and is registered to practice architecture in this state.

      (2) The business entity shall furnish the board with such information about its organization and activities as the board shall require by rule.

      (3) Upon the filing with the board of the application for certificate of authorization, the certified copy of the resolution, and the information specified in subsection (1) of this section, the board shall authorize the director to issue to the ((corporation)) business entity a certificate of authorization to practice architecture in this state ((upon a determination by the board that:

      (a) The bylaws of the corporation contain provisions that all architectural decisions pertaining to any project or architectural activities in this state shall be made by the specified architects responsible for the project or architectural activities, or other responsible architects under the direction or supervision of the architects responsible for the project or architectural activities;

      (b) The applicant corporation has the ability to provide, through qualified personnel, professional services or creative work requiring architectural experience, and with respect to the architectural services that the corporation undertakes or offers to undertake, the personnel have the ability to apply special knowledge to the professional services or creative work such as consultation, investigation, evaluation, planning, design, and administration of the construction contract in connection with any public or private structures, buildings, equipment, processes, works, or projects;

      (c) The application for certificate of authorization contains the professional records of the designated person or persons who are responsible;

      (d) The application for certificate of authorization states the experience of the corporation, if any, in furnishing architectural services during the preceding five-year period;

      (e) The applicant corporation meets such other requirements related to professional competence in the furnishing of architectural services as may be established and promulgated by the board in furtherance of the purposes of this chapter; and

      (f) The applicant corporation is possessed of the ability and competence to furnish architectural services in the public interest.

      (3) Upon recommendation of the board to impose action as authorized in RCW 18.235.110, the director may impose the recommended action upon a certificate of authorization to a corporation if the board finds that any of the officers, directors, incorporators, or the stockholders holding a majority of stock of the corporation have committed an act prohibited under RCW 18.08.440 or 18.235.130 or have been found personally responsible for misconduct under subsection (6) or (7) of this section.

      (4) In the event a corporation, organized solely by a group of architects each registered under this chapter, applies for a certificate of authorization, the board may, in its discretion, grant a certificate of authorization to that corporation based on a review of the professional records of such incorporators, in lieu of the required qualifications set forth in subsections (1) and (2) of this section.  In the event the ownership of such corporation is altered, the corporation shall apply for a revised certificate of authorization, based upon the professional records of the owners if exclusively architects, under the qualifications required by subsections (1) and (2) of this section)).

      (((5))) (4) Any ((corporation)) business entity practicing or offering to practice architecture, whether or not it is authorized to practice architecture under this chapter, ((together with its directors and officers for their own individual acts, are)) shall be jointly and severally responsible to the same degree as an individual registered architect and shall conduct their business without misconduct or malpractice in the practice of architecture as defined in this chapter.

      (((6))) (5) Any ((corporation)) business entity that has been certified under this chapter and has engaged in the practice of architecture may have its certificate of authorization either suspended or revoked by the board if, after a proper hearing, the board finds that the ((corporation)) business entity has committed misconduct or malpractice under RCW 18.08.440 or 18.235.130.  In such a case, any individual architect registered under this chapter who is involved in such misconduct or malpractice is also subject to disciplinary measures provided in this chapter and RCW 18.235.110.

      (((7) All plans, specifications, designs, and reports when issued in connection with work performed by a corporation under its certificate of authorization shall be prepared by or under the direction of the designated architects and shall be signed by and stamped with the official seal of the designated architects in the corporation authorized under this chapter.

      (8))) (6) For each certificate of authorization issued under this section there shall be paid a certification fee and an annual certification renewal fee as prescribed by the director under RCW 43.24.086.

      (((9) This chapter shall not affect the practice of architecture as a professional service corporation under chapter 18.100 RCW.))

Sec. 10.  RCW 18.08.430 and 1985 c 37 s 14 are each amended to read as follows:

      (1) The renewal date for certificates of registration shall be set by the director in accordance with RCW 43.24.086.  Registrants who fail to pay the renewal fee within thirty days of the due date shall pay all delinquent fees plus a penalty fee equal to one-third of the renewal fee.  A registrant who fails to pay a renewal fee for a period of five years may be reinstated under such circumstances as the board determines.  The renewal and penalty fees and the frequency of renewal assessment shall be authorized under this chapter.  Renewal date for certificates of authorization shall be the anniversary of the date of authorization.

      (2) Any registrant in good standing may withdraw from the practice of architecture by giving written notice to the director, and may within five years thereafter resume active practice upon payment of the then-current renewal fee.  A registrant may be reinstated after a withdrawal of more than five years under such circumstances as the board determines.

(3) A registered architect must demonstrate professional development since the architect's last renewal or initial registration, as the case may be.  The board shall by rule describe professional development activities acceptable to the board and the form of documentation of the activities required by the board.  The board may decline to renew a registration if the architect's professional development activities do not meet the standards set by the board by rule.  When adopting rules under the authority of this subsection, the board shall strive to ensure that the rules are consistent with the continuing professional education requirements and systems in use by national professional organizations representing architects and in use by other states.

      (a) A registered architect shall, as part of his or her license renewal, certify that he or she has completed the required continuing professional development required by this section.

      (b) The board may adopt reasonable exemptions from the requirements of this section.

NEW SECTION.  Sec. 11.  Sections 7 through 10 of this act take effect July 1, 2011.

NEW SECTION.  Sec. 12.  Section 5 of this act takes effect July 1, 2012, and all persons enrolled in an intern training program as approved by the board before July 1, 2012, shall be governed by the statute in effect at the time of enrollment in the program."

 

Signed by Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler; Crouse; Green; Moeller and Williams.

 

Referred to Committee on General Government Appropriations.

 

February 23, 20100)

SB 5582              Prime Sponsor, Senator Parlette: Concerning the chief for a day program.  Reported by Committee on Public Safety & Emergency Preparedness

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member; Appleton; Goodman; Kirby and Ross.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

2ESB 5617         Prime Sponsor, Senator Kauffman: Changing early learning advisory council provisions.  Reported by Committee on Early Learning & Children's Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kagi, Chair; Roberts, Vice Chair; Haler, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Angel; Goodman and Seaquist.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SSB 5668            Prime Sponsor, Committee on Financial Institutions, Housing & Insurance: Restricting the use of consignment contracts in the sale of used manufactured/mobile homes.  Reported by Committee on Commerce & Labor

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that restricting the use of consignment contract sales of manufactured/mobile homes in favor of listing agreement sales by listing dealers or other vehicle dealers is necessary to protect the interests of homeowners, especially those who are elderly.  Although a manufactured/mobile home is considered a vehicle, it is also a home, and those manufactured/mobile homes that are used as homes should not be sold strictly as a vehicle in the care of a dealer.  The department of licensing by rule recognizes that a manufactured/mobile home is not simply a vehicle but a home.

      The legislature also finds that a consignment contract is not transparent to the parties involved.  The agent or dealer can easily hide or disguise terms of sale that can be detrimental to both the buyer and the seller and beneficial to the agent or dealer.

      Therefore, the legislature intends this act to require the use of a listing agreement for the sale of a used manufactured/mobile home to ensure a transparent transaction between the parties.

NEW SECTION.  Sec. 2.  A new section is added to chapter 46.70 RCW to read as follows:

      (1) As used in this section:

      (a) "Consignment" means an arrangement where a vehicle dealer accepts delivery or entrustment of a vehicle and agrees to sell the vehicle on behalf of another.

      (b) "Listing agreement" means a contract between a seller of a used manufactured/mobile home and a listing dealer to locate a willing buyer for the used manufactured/mobile home.

      (2)(a) If a listing dealer or other vehicle dealer of manufactured/mobile homes acts on behalf of a seller for the sale and transfer of a used manufactured/mobile home, the listing dealer or other vehicle dealer shall use a listing agreement only and is prohibited from entering into a consignment contract if the used manufactured/mobile home:

      (i) Exists as a finished home certified for occupancy and located in a manufactured/mobile home community or on private land; and

      (ii) Is intended to remain at its location as a home, or will be moved to another manufactured/mobile home community or private land as a home, upon the sale and transfer of ownership.

      (b) The listing agreement used under this subsection must state the amount of compensation to be paid to the listing dealer or other vehicle dealer for the sale of the used manufactured/mobile home, which may be expressed as a fixed dollar amount, a percentage of the sales price, or another means of compensation.

      (3) The listing dealer or other vehicle dealer shall negotiate the purchase agreement between the seller and buyer of the used manufactured/mobile home, which must include the following procedure:

      (a) All written purchase offers bearing the buyer's signature must immediately be delivered to the seller for acceptance or refusal.

      (b) The seller accepts the purchase agreement by signing the offer.  A copy of the purchase agreement must be delivered to the buyer immediately following the seller signing and accepting the offer as proof that the buyer's purchase offer was accepted.

      (c) Any counteroffers or amendments to the purchase agreement must also bear the signatures of both the buyer and seller, and copies of the counteroffers or amendments must be delivered to each party.

      (4) The listing dealer or other vehicle dealer must follow all other requirements under this chapter.

NEW SECTION.  Sec. 3.  A new section is added to chapter 46.70 RCW to read as follows:

      A listing dealer or other vehicle dealer of manufactured/mobile homes acting on behalf of a seller for the sale and transfer of a used manufactured/mobile home shall complete and attach to any listing agreement the following notice:

 

NOTICE

The description and physical location of the used manufactured/mobile home to be sold under this listing agreement is .....

..................................................................................................................................................................................................

................................................................................................................................................................................................. .

The compensation to be paid to the listing dealer or other vehicle dealer for the sale of the used manufactured/mobile home is

                                                                                                                                                                                                                            

................................................................................................................................................................................................. .

Any changes to the compensation to be paid to the listing dealer or other vehicle dealer for the sale of the used manufactured/mobile home must be      .

Sec. 4.  RCW 46.70.028 and 2000 c 131 s 2 are each amended to read as follows:

      Dealers who transact dealer business by consignment shall obtain a consignment contract for sale and shall comply with applicable provisions of this chapter ((46.70 RCW)).  The dealer shall place all funds received from the sale of the consigned vehicle in a trust account until the sale is completed, except that the dealer shall pay any outstanding liens against the vehicle from these funds.  Where title has been delivered to the purchaser, the dealer shall pay the amount due a consignor within ten days after the sale.  However, in the case of a consignment from a licensed vehicle dealer from any state, the wholesale auto auction shall pay the consignor within twenty days. Dealers are also subject to the requirements of sections 2 and 3 of this act.

Sec. 5.  RCW 46.70.029 and 2001 c 64 s 8 are each amended to read as follows:

Listing dealers shall transact dealer business by obtaining a listing agreement for sale, and the buyer's purchase of the mobile home shall be handled as dealer inventory.  All funds from the purchaser shall be placed in a trust account until the sale is completed, except that the dealer shall pay any outstanding liens against the mobile home from these funds.  Where title has been delivered to the purchaser, the listing dealer shall pay the amount due a seller within ten days after the sale of a listed mobile home.  A complete account of all funds received and disbursed shall be given to the seller or consignor after the sale is completed.  The sale of listed mobile homes imposes the same duty under RCW 46.70.122 on the listing dealer as any other sale. Listing dealers are also subject to the requirements of sections 2 and 3 of this act."

Correct the title.

 

Signed by Representatives Conway, Chair; Wood, Vice Chair; Green; Moeller and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Condotta, Ranking Minority Member; Chandler and Crouse.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SSB 5798            Prime Sponsor, Committee on Health & Long-Term Care: Concerning medical marijuana.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Cody, Chair; Driscoll, Vice Chair; Campbell; Clibborn; Green; Kelley; Moeller; Morrell and Pedersen.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Ericksen, Ranking Minority Member; Bailey; Herrera and Hinkle.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SB 6196              Prime Sponsor, Senator Hobbs: Concerning military leave for public employees.  Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation:  Do pass as amended.

 

0) On page 2, line 7, after "work" insert" for the state or the county, city, or other political subdivision"

 

Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Armstrong, Ranking Minority Member; Alexander; Flannigan; Hurst; Miloscia and Taylor.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SSB 6202            Prime Sponsor, Committee on Human Services & Corrections: Expanding provisions relating to vulnerable adults.  Reported by Committee on Public Safety & Emergency Preparedness

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member; Appleton; Goodman; Kirby and Ross.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

ESB 6221           Prime Sponsor, Senator Fairley: Concerning clarification and expansion of eligibility to use the state's local government investment pool.  Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation:  Do pass as amended.

 

On page 4, line 6, after "designee," strike "authorized officer of a school district,"

 

Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Flannigan; Hurst and Miloscia.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Armstrong, Ranking Minority Member; Alexander and Taylor.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SB 6227              Prime Sponsor, Senator Becker: Concerning the practice of opticianry.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Cody, Chair; Driscoll, Vice Chair; Ericksen, Ranking Minority Member; Bailey; Campbell; Clibborn; Green; Herrera; Hinkle; Kelley; Moeller; Morrell and Pedersen.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SB 6229              Prime Sponsor, Senator Schoesler: Extending to 2015 the assessment levied under RCW 15.36.551 to support the dairy inspection program.  Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Blake, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Jacks; Kretz; Liias; McCoy; Nelson; Pearson; Rolfes; Van De Wege and Warnick.

 

Passed to Committee on Rules for second reading.

 

February 23, 20100)

SB 6243              Prime Sponsor, Senator Fairley: Eliminating provisions for filings at locations other than the public disclosure commission.  Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation:  Do pass as amended.

 

      On page 13, after line 4, insert the following:

"NEW SECTION. Sec. 10.  A new section is added to chapter 42.17 RCW to read as follows:  The filing of campaign finance reports required under this chapter with the commission shall be sufficient to satisfy local government requirements where the local government requires the same information from a political committee."

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

 

Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Armstrong, Ranking Minority Member; Alexander; Flannigan; Hurst; Miloscia and Taylor.

 

Passed to Committee on Rules for second reading.

 

February 22, 20100)

ESB 6261           Prime Sponsor, Senator Marr: Addressing utility services collections against rental property.  Reported by Committee on Local Government & Housing

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 35.21.217 and 1998 c 285 s 1 are each amended to read as follows:

      (1) Prior to furnishing utility services, a city or town may require a deposit to guarantee payment for services.  However, failure to require a deposit does not affect the validity of any lien authorized by RCW 35.21.290 or 35.67.200.  A city or town may determine how to apply partial payments on past due accounts.

      (2) A city or town may provide a real property owner or the owner's designee with duplicates of tenant utility service bills, or may notify an owner or the owner's designee that a tenant's utility account is delinquent.  However, if an owner or the owner's designee notifies the city or town in writing that a property served by the city or town is a rental property, asks to be notified of a tenant's delinquency, and has provided, in writing, a complete and accurate mailing address, the city or town shall notify the owner or the owner's designee of a tenant's delinquency at the same time and in the same manner the city or town notifies the tenant of the tenant's delinquency or by mail, and the city or town is prohibited from collecting from the owner or the owner's designee any charges for electric light or power services more than four months past due.  When a city or town provides a real property owner or the owner's designee with duplicates of tenant utility service bills or notice that a tenant's utility account is delinquent, the city or town shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee.

(3) After ((January 1, 1999)) August 1, 2010, if a city or town fails to notify the owner of a tenant's delinquency after receiving a written request to do so and after receiving the other information required by this subsection, the city or town shall have no lien against the premises for the tenant's delinquent and unpaid charges and is prohibited from collecting the tenant's delinquent and unpaid charges for electric light or power services from the owner or the owner's designee.

      (4) When a utility account is in a tenant's name, the owner or the owner's designee shall notify the city or town in writing within fourteen days of the termination of the rental agreement and vacation of the premises.  If the owner or the owner's designee fails to provide this notice, a city or town providing electric light or power services is not limited to collecting only up to four months of a tenant's delinquent charges from the owner or the owner's designee, provided that the city or town has complied with the notification requirements of subsection (3) of this section.

      (5)(a) When service is provided through a master meter, when the address of the real property owner is different from the address of the property served, or when the city or town has been previously notified that a tenant resides at the property served, the city or town shall provide notice of pending disconnection to the service address at least ten calendar days prior to disconnection, so that any tenant has an opportunity to resolve the delinquency or dispute with his or her landlord or to arrange for continued service by opening his or her own utility service account.  If requested, a city or town shall provide utility service to a tenant on the same terms and conditions as other utility customers, without requiring that he or she pay delinquent amounts for services owed by the property owner or a previous tenant.

      (b) This subsection does not affect the validity of any lien authorized by RCW 35.21.290 or 35.67.200.  Furthermore, a city or town who allows a tenant to open his or her own utility service account in these circumstances shall retain the right to collect any delinquent amounts due for service previously provided from the property owner, previous tenant, or both.

Sec. 2.  RCW 35.21.290 and 1965 c 7 s 35.21.290 are each amended to read as follows:

Except as provided in RCW 35.21.217(4), cities and towns owning their own waterworks, or electric light or power plants shall have a lien against the premises to which water, electric light, or power services were furnished for four months charges therefor due or to become due, but not for any charges more than four months past due((:  PROVIDED, That the owner of the premises or the owner of a delinquent mortgage thereon may give written notice to the superintendent or other head of such works or plant to cut off service to such premises accompanied by payment or tender of payment of the then delinquent and unpaid charges for such service against the premises together with the cut-off charge, whereupon the city or town shall have no lien against the premises for charges for such service thereafter furnished, nor shall the owner of the premises or the owner of a delinquent mortgage thereon be held for the payment thereof))."

Correct the title.

 

Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Angel, Ranking Minority Member; Miloscia; Short; Springer; Upthegrove; White and Williams.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives DeBolt, Assistant Rank