SIXTY FIRST LEGISLATURE - REGULAR SESSION

 

 

FIFTY NINTH DAY

 

 

House Chamber, Olympia, Wednesday, March 10, 2010

 


The House was called to order at 10:00 a.m. by the Speaker (Representative Morris 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 Kole Musgrove and Garrett Fix.  The Speaker (Representative Morris presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Reverend Jim Erlandson, Community of Christ, Olympia.

 

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

 

MESSAGES FROM THE SENATE

March 9, 2010

Mr. Speaker:

 

The Senate has passed:

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1597

SUBSTITUTE HOUSE BILL 2196

SUBSTITUTE HOUSE BILL 2758

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

March 9, 2010

Mr. Speaker:

 

The Senate concurred in the House amendments to the following bills and passed the bills as amended by the House:  

 

ENGROSSED SUBSTITUTE SENATE BILL 6381

SECOND SUBSTITUTE SENATE BILL 6667

SUBSTITUTE SENATE BILL 6832

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

The Speaker assumed the chair.

 

SIGNED BY THE SPEAKER

 

The Speaker signed the following:

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1149

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1317

SUBSTITUTE HOUSE BILL NO. 1679

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1714

SECOND SUBSTITUTE HOUSE BILL NO. 1761

HOUSE BILL NO. 1880

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1956

HOUSE BILL NO. 1966

SECOND SUBSTITUTE HOUSE BILL NO. 2016

SUBSTITUTE HOUSE BILL NO. 2179

SUBSTITUTE HOUSE BILL NO. 2402

SUBSTITUTE HOUSE BILL NO. 2420

SUBSTITUTE HOUSE BILL NO. 2443

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2464

SUBSTITUTE HOUSE BILL NO. 2466

HOUSE BILL NO. 2460

SECOND SUBSTITUTE HOUSE BILL NO. 2481

SUBSTITUTE HOUSE BILL NO. 2503

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2518

SUBSTITUTE HOUSE BILL NO. 2525

SUBSTITUTE HOUSE BILL NO. 2527

SUBSTITUTE HOUSE BILL NO. 2533

SUBSTITUTE HOUSE BILL NO. 2534

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2538

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2539

ENGROSSED HOUSE BILL NO. 2519

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2541

SECOND SUBSTITUTE HOUSE BILL NO. 2551

HOUSE BILL NO. 2540

SUBSTITUTE HOUSE BILL NO. 2593

SECOND SUBSTITUTE HOUSE BILL NO. 2603

HOUSE BILL NO. 2621

HOUSE BILL NO. 2625

SUBSTITUTE HOUSE BILL NO. 2657

HOUSE BILL NO. 2659

SUBSTITUTE HOUSE BILL NO. 2680

SUBSTITUTE HOUSE BILL NO. 2686

HOUSE BILL NO. 2681

HOUSE BILL NO. 2697

SUBSTITUTE HOUSE BILL NO. 2717

SECOND SUBSTITUTE HOUSE BILL NO. 2742

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2747

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752

HOUSE BILL NO. 2734

HOUSE BILL NO. 2735

HOUSE BILL NO. 2748

SUBSTITUTE HOUSE BILL NO. 2775

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2777

SUBSTITUTE HOUSE BILL NO. 2801

ENGROSSED HOUSE BILL NO. 2805

SUBSTITUTE HOUSE BILL NO. 2841

SECOND SUBSTITUTE HOUSE BILL NO. 2867

SUBSTITUTE HOUSE BILL NO. 2939

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2961

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2986

SUBSTITUTE HOUSE BILL NO. 2990

HOUSE BILL NO. 2973

SUBSTITUTE HOUSE BILL NO. 3016

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3026

HOUSE BILL NO. 3007

SUBSTITUTE HOUSE BILL NO. 3036

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3040

SUBSTITUTE HOUSE BILL NO. 3105

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3141

ENGROSSED SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4220

SUBSTITUTE SENATE BILL NO. 5295

ENGROSSED SUBSTITUTE SENATE BILL NO. 5529

ENGROSSED SUBSTITUTE SENATE BILL NO. 5543

ENGROSSED SUBSTITUTE SENATE BILL NO. 5704

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5742

SUBSTITUTE SENATE BILL NO. 6192

SUBSTITUTE SENATE BILL NO. 6202

SUBSTITUTE SENATE BILL NO. 6207

SUBSTITUTE SENATE BILL NO. 6208

SUBSTITUTE SENATE BILL NO. 6214

SENATE BILL NO. 6206

SENATE BILL NO. 6218

SENATE BILL NO. 6219

SUBSTITUTE SENATE BILL NO. 6248

ENGROSSED SENATE BILL NO. 6261

SUBSTITUTE SENATE BILL NO. 6329

SUBSTITUTE SENATE BILL NO. 6332

SUBSTITUTE SENATE BILL NO. 6340

SUBSTITUTE SENATE BILL NO. 6343

SUBSTITUTE SENATE BILL NO. 6346

SUBSTITUTE SENATE BILL NO. 6356

ENGROSSED SUBSTITUTE SENATE BILL NO. 6359

SUBSTITUTE SENATE BILL NO. 6361

SUBSTITUTE SENATE BILL NO. 6363

SUBSTITUTE SENATE BILL NO. 6373

ENGROSSED SUBSTITUTE SENATE BILL NO. 6392

SENATE BILL NO. 6379

SENATE BILL NO. 6418

SUBSTITUTE SENATE BILL NO. 6459

SUBSTITUTE SENATE BILL NO. 6557

SENATE BILL NO. 6540

SUBSTITUTE SENATE BILL NO. 6590

SENATE JOINT MEMORIAL NO. 8025

 

The Speaker called upon Representative Morris to preside.

 

MESSAGE FROM THE SENATE

March 4, 2010

Mr. Speaker:

 

The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2658 with the following amendment:

0) 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.330.007 and 2009 c 565 s 1 are each amended to read as follows:

(1)(a) 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, among other things, develop a report with recommendations on statutory changes to ensure that the department's efforts:  Are organized around a concise core mission and aligned with the state's comprehensive plan for economic development; generate greater local capacity; maximize results through partnerships and the use of intermediaries; and provide transparency and increased accountability.  Recommendations for creating or consolidating programs deemed important to meeting the department's core mission and recommendations for terminating or transferring specific programs if they are not consistent with the department's core mission were to be included in the report.

      (b) 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 and recognizes the need for an innovation-driven economy.  The plan also outlines agency priorities, efficiencies, and program transfers that will help to advance the new mission.

      (c) The primary purpose of this act is 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.  This act also directs additional efficiencies in state government and directs development of a statewide clean energy strategy, which will better enable the department of commerce to focus on its new mission.

      (2)(a) The legislature finds that the long-term economic health of the state and its citizens depends upon the strength and vitality of its communities and businesses.  It is the intent of this chapter to create a department of commerce that fosters new partnerships for strong and sustainable communities.  The mission of the department is to grow and improve jobs in Washington and facilitate innovation.  To carry out its mission, the department will bring together focused efforts to:  Streamline access to business assistance and economic development services by providing them thorough sector-based, cluster- based, and regional partners; provide focused and flexible responses to changing economic conditions; generate greater local capacity to respond to both economic growth and environmental challenges; increase accountability to the public, the executive branch, and the legislature; manage growth and achieve sustainable development; diversify the state's economy and export goods and services; provide greater access to economic opportunity; stimulate private sector investment and entrepreneurship; provide stable family-wage jobs and meet the diverse needs of families; provide affordable housing and housing services; and construct public infrastructure.

      (b) The legislature further finds that as a result of the rapid pace of global social and economic change, the state and local communities will require coordinated and creative responses by every segment of the community.  The state can play a role in assisting such local efforts by reorganizing state assistance efforts to promote such partnerships.  The department has a primary responsibility to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs, and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents.  It is the intent of the legislature in creating the department to maximize the use of local expertise and resources in the delivery of community and economic development services.

      (3) The purpose of this chapter is to establish the broad outline of the structure of the department of commerce, leaving specific details of its internal organization and management to those charged with its administration.  This chapter identifies the broad functions and responsibilities of the department and is intended to provide flexibility to the director to reorganize these functions to more closely reflect its customers, its mission, and its priorities, and to make recommendations for changes.

(4) In order to generate greater local capacity, maximize results through partnerships and the use of intermediaries, and leverage the use of state resources, the department shall, in carrying out its business assistance and economic development functions, provide business and economic development services primarily through sector- based, cluster-based, and regionally based organizations rather than providing assistance directly to individual firms.

      (5) 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.

      (6) 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.

      (7)(a) 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, and to plan for the creation of a community services and housing agency.

      (b) 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.

NEW SECTION.  Sec. 2.  RCW 43.330.005 (Intent) and 1993 c 280 s 1 are each repealed.

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 high quality, 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 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 or decrease energy costs and efforts should be made to mitigate cost increases.

      (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 must balance three goals to:

      (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 as allowed in 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, consistent with state law;

      (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, and leveraging the indigenous resources of the state for the production of clean energy;

      (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 greenhouse gas limits and 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 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) 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, and at least every five years thereafter, the department shall produce a fully updated state energy strategy and implementation report with the guidance of an advisory committee formed under subsection (4) of this section.

      (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, and reports of the state transportation planning commission, the 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 legislative recommendations that need to be undertaken to ensure that the energy strategy is implemented and operationally supported by all state agencies and regulatory bodies responsible for implementation of energy policy in the state.

      (3) In order to facilitate high quality decision making, the director of the department shall engage a group of scientific, engineering, economic, and other experts in energy analysis.

      (a) This group shall be comprised of representatives from the following institutions:

      (i) Research institutions of higher education;

      (ii) The Pacific Northwest national laboratory;

      (iii) The Northwest power planning and conservation council;

and

      (iv) Other private, public, and nonprofit organizations that have a recognized expertise in engineering or economic analysis.

      (b) This group will:

      (i) Identify near and long-term analytical needs and capabilities necessary to develop a state energy strategy;

      (ii) Provide unbiased information about the state and region's energy portfolio, future energy needs, scenarios for growth, and improved productivity.

      (c) The department and advisory committee shall use this information in updating the state energy strategy.

      (4)(a) In order to update the state strategy, the department shall form an advisory committee.

      (b) The director shall appoint the advisory committee with a membership reflecting a balance of the interests in:

      (i) Energy generation, distribution, and consumption;

      (ii) Economic development; and

      (iii) Environmental protection, including:

      (A) Residential, commercial, industrial, and agricultural users;

      (B) Electric and natural gas utilities or organizations, both consumer-owned and investor-owned;

      (C) Liquid fuel and natural gas industries;

      (D) Local governments;

      (E) Civic and environmental organizations;

      (F) Clean energy companies;

      (G) Energy research and development organizations, economic development organizations, and key public agencies; and

      (H) Other interested stakeholders.

      (c) Any advisory committee established under this section must be dissolved within three months after the written report is conveyed.

      (d) The department and advisory committee shall work with stakeholders and other state agencies to develop the strategy.

      (5) Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, the department shall present a written report to the governor and legislature which may include specific actions that will be needed to implement the strategy.  The legislature shall, by concurrent resolution, approve or recommend changes to the strategy and updates.

      (6) 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.

      (7) To assist in updates of the state energy strategy, the department shall actively seek both in-kind and financial support for this process from other nonstate sources.  In order to avoid competition among Washington state agencies, the department 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

NEW SECTION.  Sec. 801.  RCW 43.63A.150 is decodified.

NEW SECTION.  Sec. 802.  This act takes effect July 1, 2010."

On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.330.007, 70.05.125, 43.330.210, 43.330.240, 19.27.070, 19.27.097, 19.27.150, 19.27A.020, 19.27A.140, 19.27A.150, 19.27A.180, 43.21F.010, 43.21F.090, 36.27.100, 80.50.030, 43.110.030, 43.110.060, 43.110.080, 43.15.020, 35.21.185, 35.102.040, and 36.70B.220; reenacting and amending RCW 43.21F.025; adding new sections to chapter 43.70 RCW; adding a new section to chapter 43.21F RCW; creating new sections; recodifying RCW 43.330.195, 43.330.200, 43.330.205, 43.330.210, 43.330.220, 43.330.225, 43.330.230, and 43.330.240; decodifying RCW 43.63A.150; repealing RCW 43.330.005, 43.21F.015, 43.110.010, 43.110.040, and 43.110.070; and providing an effective date."

 

and the same is herewith transmitted.

Thomas Hoemann, Secretary

 

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

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House refused to concur in the Senate amendment to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2658 and asked the Senate to recede therefrom.

 

MESSAGE FROM THE SENATE

March 9, 2010

Mr. Speaker:

 

The Senate receded from its amendment to SUBSTITUTE HOUSE BILL NO. 3124 and under suspension of the rules returned SUBSTITUTE HOUSE BILL NO. 3124 to second reading for purpose of amendment.  The Senate further adopted amendment 3124-S AMS STEV S5441.1 and passed the measure as amended.

0) 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

      A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, or legal custodian and that person is being arrested for a drug or alcohol-related driving offense.  This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to  RCW 13.34.050 or 26.44.050.  For purposes of this section, "child" means any person under thirteen years of age.

NEW SECTION.  Sec. 2.  A new section is added to chapter 26.44 RCW to read as follows:

A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, or legal custodian and that person is being arrested for a drug or alcohol-related driving offense.  This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050.  For purposes of this section, "child" means any person under thirteen years of age."

On page 1, line 4 of the title, after "drugs;" strike the remainder of the title and insert "adding a new section to chapter 46.61 RCW; and adding a new section to chapter 26.44 RCW."

 

and the same is herewith transmitted.

Thomas Hoemann, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House refused to concur in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 3124 and asked the Senate to recede therefrom.

 

MESSAGE FROM THE SENATE

March 8, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5798 and asks the House for a Conference thereon.

Brad Hendrickson, Deputy Secretary

 

HOUSE AMENDMENT

TO SENATE BILL

 

There being no objection, the House receded from its amendment.  The rules were suspended and SUBSTITUTE SENATE BILL NO. 5798 was returned to second reading for the purpose of amendment.

 

There being no objection, the House reverted to the sixth order of business.

 

SECOND READING

 

      SUBSTITUTE SENATE BILL NO. 5798, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Kohl-Welles, McCaslin, Keiser, Pflug and Kline)

 

      Concerning medical marijuana.

 

      Representative Cody moved the adoption of amendment (1580).

0) 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 69.51A.005 and 2007 c 371 s 2 are each amended to read as follows:

      The people of Washington state find that some patients with terminal or debilitating illnesses, under their ((physician's)) health care professional's care, may benefit from the medical use of marijuana.  Some of the illnesses for which marijuana appears to be beneficial include chemotherapy-related nausea and vomiting in cancer patients; AIDS wasting syndrome; severe muscle spasms associated with multiple sclerosis and other spasticity disorders; epilepsy; acute or chronic glaucoma; and some forms of intractable pain.

      The people find that humanitarian compassion necessitates that the decision to authorize the medical use of marijuana by patients with terminal or debilitating illnesses is a personal, individual decision, based upon their ((physician's)) health care professional's professional medical judgment and discretion.

      Therefore, the people of the state of Washington intend that:

      Qualifying patients with terminal or debilitating illnesses who, in the judgment of their ((physicians)) health care professionals, may benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana;

      Persons who act as designated providers to such patients shall also not be found guilty of a crime under state law for assisting with the medical use of marijuana; and

      ((Physicians)) Health care professionals also be excepted from liability and prosecution for the authorization of marijuana use to qualifying patients for whom, in the ((physician's)) health care professional's professional judgment, medical marijuana may prove beneficial.

Sec. 2.  RCW 69.51A.010 and 2007 c 371 s 3 are each amended to read as follows:

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

      (1) "Designated provider" means a person who:

      (a) Is eighteen years of age or older;

      (b) Has been designated in writing by a patient to serve as a designated provider under this chapter;

      (c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and

      (d) Is the designated provider to only one patient at any one time.

      (2) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, an osteopathic physicians' assistant licensed under chapter 18.57A RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced registered nurse practitioner licensed under chapter 18.79 RCW.

      (3) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness.

      (((3))) (4) "Qualifying patient" means a person who:

      (a) Is a patient of a ((physician licensed under chapter 18.71 or 18.57 RCW)) health care professional;

      (b) Has been diagnosed by that ((physician)) health care professional as having a terminal or debilitating medical condition;

      (c) Is a resident of the state of Washington at the time of such diagnosis;

      (d) Has been advised by that ((physician)) health care professional about the risks and benefits of the medical use of marijuana; and

      (e) Has been advised by that ((physician)) health care professional that they may benefit from the medical use of marijuana.

      (((4))) (5) "Tamper-resistant paper" means paper that meets one or more of the following industry-recognized features:

      (a) One or more features designed to prevent copying of the paper;

      (b) One or more features designed to prevent the erasure or modification of information on the paper; or

      (c) One or more features designed to prevent the use of counterfeit valid documentation.

      (6) "Terminal or debilitating medical condition" means:

      (a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or

      (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or

      (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or

      (d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or

      (e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or

      (f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or

      (g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.

      (((5))) (7) "Valid documentation" means:

      (a) A statement signed and dated by a qualifying patient's ((physician, or a copy of the qualifying patient's pertinent medical records)) health care professional written on tamper-resistant paper, which states that, in the ((physician's)) health care professional's professional opinion, the patient may benefit from the medical use of marijuana; and

      (b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035((; and

      (c) A copy of the physician statement described in (a) of this subsection shall have the same force and effect as the signed original)).

Sec. 3.  RCW 69.51A.030 and 2007 c 371 s 4 are each amended to read as follows:

      A ((physician licensed under chapter 18.71 or 18.57 RCW)) health care professional shall be excepted from the state's criminal laws and shall not be penalized in any manner, or denied any right or privilege, for:

      (1) Advising a qualifying patient about the risks and benefits of medical use of marijuana or that the qualifying patient may benefit from the medical use of marijuana where such use is within a professional standard of care or in the individual ((physician's)) health care professional's medical judgment; or

      (2) Providing a qualifying patient with valid documentation, based upon the ((physician's)) health care professional's assessment of the qualifying patient's medical history and current medical condition, that the medical use of marijuana may benefit a particular qualifying patient.

Sec. 4.  RCW 69.51A.060 and 2007 c 371 s 6 are each amended to read as follows:

      (1) It shall be a misdemeanor to use or display medical marijuana in a manner or place which is open to the view of the general public.

      (2) Nothing in this chapter requires any health insurance provider to be liable for any claim for reimbursement for the medical use of marijuana.

      (3) Nothing in this chapter requires any ((physician)) health care professional to authorize the use of medical marijuana for a patient.

      (4) Nothing in this chapter requires any accommodation of any on- site medical use of marijuana in any place of employment, in any school bus or on any school grounds, in any youth center, in any correctional facility, or smoking medical marijuana in any public place as that term is defined in RCW 70.160.020.

      (5) It is a class C felony to fraudulently produce any record purporting to be, or tamper with the content of any record for the purpose of having it accepted as, valid documentation under RCW 69.51A.010(((6)(a))) (7)(a).

      (6) No person shall be entitled to claim the affirmative defense provided in RCW 69.51A.040 for engaging in the medical use of marijuana in a way that endangers the health or well-being of any person through the use of a motorized vehicle on a street, road, or highway.

NEW SECTION.  Sec. 5.  The provisions of section 2 of this act, relating to the definition of "valid documentation," apply prospectively only, not retroactively, and do not affect valid documentation obtained prior to the effective date of this section."

Correct the title.

 

      Representatives Cody and Ericksen spoke in favor of the adoption of the amendment.

 

      Amendment (1580) was adopted.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representative Cody spoke in favor of the passage of the bill.

 

      Representative Ericksen spoke against the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5798, as amended by the House.

 

MOTION

 

On motion of Representative Kristiansen, Representative Condotta was excused.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5798, as amended by the House, and the bill passed the House by the following vote: Yeas, 58; Nays, 39; Absent, 0; Excused, 1.

Voting yea: Representatives Anderson, Appleton, Blake, Campbell, Carlyle, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Williams, Wood and Mr. Speaker.

Voting nay: Representatives Alexander, Angel, Armstrong, Bailey, Chandler, Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, McCune, Miloscia, Nealey, Orcutt, Parker, Pearson, Priest, Probst, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and Warnick.

Excused: Representative Condotta.

 

SUBSTITUTE SENATE BILL NO. 5798, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

I intended to vote NAY on Substitute Senate Bill No. 5798.

Zachary Hudgins, 11th District

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

 

THIRD READING

 

MESSAGE FROM THE SENATE

March 9, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to SENATE BILL NO. 6804 and asks the House to recede therefrom, and the same is herewith transmitted.

Thomas Hoeman, Secretary

 

 

HOUSE AMENDMENT TO SENATE BILL

 

There being no objection, the House receded from its amendment to SENATE BILL NO. 6804.

 

FINAL PASSAGE OF SENATE BILL WITHOUT HOUSE AMENDMENT

 

      Representatives Orwall and Dammeier spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Senate Bill No. 6804, without the House amendment.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Senate Bill No. 6804, without the House amendment, and the bill passed the House by the following vote:  Yeas, 95; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chase, Clibborn, Cody, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

      Voting nay: Representatives Chandler and Hinkle.

      Excused: Representative Condotta.

 

SENATE BILL NO. 6804, without the House amendment, having received the necessary constitutional majority, was declared passed.

 

MESSAGES FROM THE SENATE

 

March 10, 2010

Mr. Speaker:

 

The President has signed:

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1149

ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1317

SUBSTITUTE HOUSE BILL 1679

ENGROSSED SUBSTITUTE HOUSE BILL 1714

SECOND SUBSTITUTE HOUSE BILL 1761

HOUSE BILL 1880

ENGROSSED SUBSTITUTE HOUSE BILL 1956

HOUSE BILL 1966

SUBSTITUTE HOUSE BILL 2420

HOUSE BILL 2460

SECOND SUBSTITUTE HOUSE BILL 2481

SUBSTITUTE HOUSE BILL 2503

ENGROSSED SUBSTITUTE HOUSE BILL 2518

ENGROSSED HOUSE BILL 2519

SUBSTITUTE HOUSE BILL 2525

SUBSTITUTE HOUSE BILL 2527

ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2539

HOUSE BILL 2540

ENGROSSED SUBSTITUTE HOUSE BILL 2541

SECOND SUBSTITUTE HOUSE BILL 2551

HOUSE BILL 2621

SUBSTITUTE HOUSE BILL 2657

HOUSE BILL 2659

SUBSTITUTE HOUSE BILL 2686

HOUSE BILL 2697

HOUSE BILL 2734

HOUSE BILL 2735

SECOND SUBSTITUTE HOUSE BILL 2742

ENGROSSED SUBSTITUTE HOUSE BILL 2747

SUBSTITUTE HOUSE BILL 2990

SUBSTITUTE HOUSE BILL 3036

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

March 10, 2010

Mr. Speaker:

 

The President has signed:

 

SENATE BILL 6243

SENATE BILL 6308

SUBSTITUTE SENATE BILL 6344

SUBSTITUTE SENATE BILL 6349

SUBSTITUTE SENATE BILL 6350

ENGROSSED SUBSTITUTE SENATE BILL 6381

SENATE BILL 6401

ENGROSSED SUBSTITUTE SENATE BILL 6403

ENGROSSED SUBSTITUTE SENATE BILL 6468

SUBSTITUTE SENATE BILL 6470

ENGROSSED SUBSTITUTE SENATE BILL 6476

SENATE BILL 6481

SUBSTITUTE SENATE BILL 6485

ENGROSSED SECOND SUBSTITUTE SENATE BILL 6561

ENGROSSED SUBSTITUTE SENATE BILL 6582

SENATE BILL 6593

ENGROSSED SECOND SUBSTITUTE SENATE BILL 6609

SUBSTITUTE SENATE BILL 6614

SUBSTITUTE SENATE BILL 6639

SUBSTITUTE SENATE BILL 6647

SECOND SUBSTITUTE SENATE BILL 6667

SECOND SUBSTITUTE SENATE BILL 6679

SUBSTITUTE SENATE BILL 6688

SUBSTITUTE SENATE BILL 6692

SECOND SUBSTITUTE SENATE BILL 6702

ENGROSSED SUBSTITUTE SENATE BILL 6726

SENATE BILL 6826

SUBSTITUTE SENATE BILL 6832

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

MESSAGE FROM THE SENATE

March 8, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 6416 and asks the House to recede therefrom, and the same is herewith transmitted.

 

Thomas Hoemann, Secretary

 

HOUSE AMENDMENT TO SENATE BILL

 

There being no objection, the House insisted on its position in its amendment to SUBSTITUTE SENATE BILL NO. 6416 and asked the Senate to concur therein.

 

MESSAGE FROM THE SENATE

March 9, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 6611 and asks the House to recede therefrom, and the same is herewith transmitted.

 

Thomas Hoemann, Secretary

 

HOUSE AMENDMENT TO SENATE BILL

 

There being no objection, the House insisted on its position in its amendment to SUBSTITUTE SENATE BILL NO. 6611 and asked the Senate to concur therein.

 

MESSAGE FROM THE SENATE

March 8, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 6280 and asks the House to recede therefrom, and the same is herewith transmitted.

Brad Hendrickson, Deputy Secretary

 

HOUSE AMENDMENT TO SENATE BILL

 

There being no objection, the House receded from its amendment.  The rules were suspended and SUBSTITUTE SENATE BILL NO. 6280 was returned to second reading for the purpose of amendment.

 

There being no objection, the House reverted to the sixth order of business.

 

SECOND READING

 

      SUBSTITUTE SENATE BILL NO. 6280, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Murray, Shin, Kohl-Welles, Marr, Jacobsen and Kline)

 

      Concerning East Asian medicine practitioners.

 

With the consent of the House, amendment (1581) was withdrawn.

 

Representative Cody moved the adoption of amendment (1593).

0) 

      On page 3, line 11, after "to" insert "provide the techniques and services in subsection (1)(k) through (o) of this section or to"

      On page 6, beginning on line 36, after "Asian" strike all material through "provider" on page 7, line 3 and insert "medical treatments, including acupuncture ((treatment shall not be continued)) , may only be continued after the patient signs a written waiver acknowledging the risks associated with the failure to pursue treatment from a primary health care provider.  The waiver must also include: (a) An explanation of an East Asian medicine practitioner's scope  of practice, including the services and techniques East Asian medicine practitioners are authorized to provide and (b) a statement that the services and techniques that an East Asian medicine practitioner is authorized to provide will not resolve the patient's underlying potentially serious disorder"

 

      Representatives Cody and Ericksen spoke in favor of the adoption of the amendment.

 

Amendment (1593) was adopted.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Cody and Ericksen spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6280, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6280, as amended by the House, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

Excused: Representative Condotta.

 

SUBSTITUTE SENATE BILL NO. 6280, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

March 8, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 6355 and asks the House to recede therefrom, and the same is herewith transmitted.

Brad Hendrickson, Deputy Secretary

 

HOUSE AMENDMENT TO SENATE BILL

 

There being no objection, the House receded from its amendment.  The rules were suspended and SUBSTITUTE SENATE BILL NO. 6355 was returned to second reading for the purpose of amendment.

 

There being no objection, the House reverted to the sixth order of business.

 

SECOND READING

 

      SUBSTITUTE SENATE BILL NO. 6355, by Senate Committee on Higher Education & Workforce Development (originally sponsored by Senators Kilmer, Becker, Rockefeller and Shin)

 

      Expanding the higher education system upon proven demand.

 

Representative Wallace moved the adoption of amendment (1589).

0) 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that the state institutions of higher education are providing a high quality education to the citizens of the state.  The legislature further finds that to meet goals of the strategic master plan for higher education the state needs a higher education system that is capable of delivering many more degrees.  The legislature also finds that expansion of the system should be based on the proven demands of the citizens and the marketplace, a concept called "expand on demand."  The legislature further finds that the higher education coordinating board, in collaboration with the state board for community and technical colleges, the two-year and four-year institutions of higher education, and other stakeholders developed a system design plan that contains seven guiding principles for system expansion, focuses near-term enrollment growth at university branch campuses, comprehensive universities, and university centers where existing capacity is available without new state capital investment, establishes a process for evaluating major new capital expansion, and creates a fund for innovation to foster change and innovation in higher education delivery.  The legislature finds that the strategies in the plan support the concept of expand on demand and would increase degree production by first reinvesting in higher education to use existing capacity while also providing long-term strategies to guide decisions on when and where to build new campuses, significantly expand existing sites, and change missions of existing institutions.

      The legislature endorses the system design plan, approved by the higher education coordinating board in November 2009, and adopts the recommendations and strategies in the plan.

Sec. 2.  RCW 28B.50.020 and 2009 c 64 s 2 are each amended to read as follows:

      The purpose of this chapter is to provide for the dramatically increasing number of students requiring high standards of education either as a part of the continuing higher education program or for occupational education and training, or for adult basic skills and literacy education, by creating a new, independent system of community and technical colleges which will:

      (1) Offer an open door to every citizen, regardless of his or her academic background or experience, at a cost normally within his or her economic means;

      (2) Ensure that each college district shall offer thoroughly comprehensive educational, training, and service programs to meet the needs of both the communities and students served by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational education, both graded and ungraded; community services of an educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and workforce literacy programs and services;

      (3) Provide for basic skills and literacy education, and occupational education and technical training at technical colleges in order to prepare students for careers in a competitive workforce;

      (4) Provide or coordinate related and supplemental instruction for apprentices at community and technical colleges;

      (5) Provide administration by state and local boards which will avoid unnecessary duplication of facilities or programs; and which will encourage efficiency in operation and creativity and imagination in education, training, and service to meet the needs of the community and students;

      (6) Allow for the growth, improvement, flexibility and modification of the community colleges and their education, training, and service programs as future needs occur; and

      (7) Establish firmly that((, except on a pilot basis)) as provided under RCW 28B.50.810, community colleges are, for purposes of academic training, two year institutions, and are an independent, unique, and vital section of our state's higher education system, separate from both the common school system and other institutions of higher learning((, and never to be considered for conversion into four-year liberal arts colleges)).

Sec. 3.  RCW 28B.50.810 and 2008 c 166 s 2 are each amended to read as follows:

      (1) ((By April 2006,)) The college board ((shall)) may select ((four)) community or technical colleges to develop and offer programs of study leading to ((an)) applied baccalaureate degrees.  ((At least one of the four pilot programs chosen must lead to a baccalaureate of applied science degree which builds on an associate of applied science degree.  The college board shall convene a task force that includes representatives of both the community and technical colleges to develop objective selection criteria.

      (2) By February 2008, the college board shall select up to three colleges to develop and offer programs of study leading to an applied baccalaureate degree.  At least one of the colleges selected must be a technical college.  The college board shall use the objective selection criteria developed under subsections (1) and (3) of this section to make the selection.

      (3))) Colleges may submit ((an)) applications to ((become a pilot college under this section)) the college board.  The college board and the higher education coordinating board shall review the applications and select the ((pilot)) colleges using objective criteria, including, but not limited to:

      (a) The college demonstrates the capacity to make a long-term commitment of resources to build and sustain a high quality program;

      (b) The college has or can readily engage faculty appropriately qualified to develop and deliver a high quality curriculum at the baccalaureate level;

      (c) The college can demonstrate demand for the proposed program from a sufficient number of students within its service area to make the program cost-effective and feasible to operate;

      (d) The college can demonstrate that employers demand the level of technical training proposed within the program, making it cost- effective for students to seek the degree; and

      (e) The proposed program fills a gap in options available for students because it is not offered by a public four-year institution of higher education in the college's geographic area.

      (((4))) (2) A college selected ((as a pilot college)) under this section may develop the curriculum for and design and deliver courses leading to an applied baccalaureate degree.  However, degree programs developed under this section are subject to approval by the college board under RCW 28B.50.090 and by the higher education coordinating board under RCW 28B.76.230 before a ((pilot)) college may enroll students in upper division courses.  ((A pilot college approved under subsection (1) of this section may not enroll students in upper division courses before the fall academic quarter of 2006.  A pilot college approved under subsection (2) of this section may not enroll students in upper division courses before the fall academic quarter of 2009.))

Sec. 4.  RCW 28B.76.020 and 1985 c 370 s 2 are each amended to read as follows:

      ((For the purposes of this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Board" means the higher education coordinating board((; and)).

      (2) "Four-year institutions" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College.

(3) "Major expansion" means expansion of the higher education system that requires significant new capital investment, including building new institutions, campuses, branches, or centers or conversion of existing campuses, branches, or centers that would result in a mission change.

      (4) "Mission change" means a change in the level of degree awarded or institutional type not currently authorized in statute.

Sec. 5.  RCW 28B.76.230 and 2005 c 258 s 11 are each amended to read as follows:

      (1) The board shall develop a comprehensive and ongoing assessment process to analyze the need for additional degrees and programs, additional off-campus centers and locations for degree programs, and consolidation or elimination of programs by the four-year institutions. Board recommendations regarding proposed major expansion shall be limited to determinations of whether the major expansion is within the scope indicated in the most recent strategic master plan for higher education or most recent system design plan.  Recommendations regarding existing capital prioritization processes are not within the scope of the evaluation of major expansion.  Major expansion and proposed mission changes may be proposed by the board, any public institution of higher education, or by a state or local government.

      (2) As part of the needs assessment process, the board shall examine:

      (a) Projections of student, employer, and community demand for education and degrees, including liberal arts degrees, on a regional and statewide basis;

      (b) Current and projected degree programs and enrollment at public and private institutions of higher education, by location and mode of service delivery; ((and))

      (c) Data from the workforce training and education coordinating board and the state board for community and technical colleges on the supply and demand for workforce education and certificates and associate degrees ; and

      (d) Recommendations from the technology transformation task force created in chapter 407, Laws of 2009, and institutions of higher education relative to the strategic and operational use of technology in higher education.  These and other reports, reviews, and audits shall allow for:  The development of enterprise-wide digital information technology across educational sectors, systems, and delivery methods; the integration and streamlining of administrative tools including but not limited to student information management, financial management, payroll, human resources, data collection, reporting, and analysis; and a determination of the costs of multiple technology platforms, systems, and models.

      (3) Every two years the board shall produce, jointly with the state board for community and technical colleges and the workforce training and education coordinating board, an assessment of the number and type of higher education and training credentials required to match employer demand for a skilled and educated workforce.  The assessment shall include the number of forecasted net job openings at each level of higher education and training and the number of credentials needed to match the forecast of net job openings.

      (4) The board shall determine whether certain major lines of study or types of degrees, including applied degrees or research-oriented degrees, shall be assigned uniquely to some institutions or institutional sectors in order to create centers of excellence that focus resources and expertise.

      (5) The following activities are subject to approval by the board:

      (a) New degree programs by a four-year institution;

      (b) Creation of any off-campus program by a four-year institution;

      (c) Purchase or lease of major off-campus facilities by a four-year institution or a community or technical college;

      (d) Creation of higher education centers and consortia;

      (e) New degree programs and creation of off-campus programs by an independent college or university in collaboration with a community or technical college; and

      (f) Applied baccalaureate degree programs developed by colleges under RCW 28B.50.810 .

      (6) Institutions seeking board approval under this section must demonstrate that the proposal is justified by the needs assessment developed under this section.  Institutions must also demonstrate how the proposals align with or implement the statewide strategic master plan for higher education under RCW 28B.76.200.

      (7) The board shall develop clear guidelines and objective decision-making criteria regarding approval of proposals under this section, which must include review and consultation with the institution and other interested agencies and individuals. 

      (8) The board shall periodically recommend consolidation or elimination of programs at the four-year institutions, based on the needs assessment analysis.

(9) In the case of a proposed major expansion or mission change, the needs assessment process under subsection (2) of this section constitutes a threshold inquiry.  If the board determines that the need for the proposed major expansion or mission change has not been justified, the inquiry is concluded.  If the board determines that the need for the proposed major expansion or mission change has been sufficiently established, the board, in consultation with any directly involved institutions and other interested agencies and individuals, shall proceed to examine the viability of the proposal using criteria including, but not limited to:

      (a) The specific scope of the project including the capital investment requirements, the number of full-time equivalent students anticipated, and the number of academic programs planned;

      (b) The existence of an efficient and sustainable financial plan;

      (c) The extent to which existing resources can be leveraged;

      (d) The current and five-year projected student population, faculty, and staff to support the proposed programs, institution, or innovation;

      (e) The plans to accommodate expected growth over a twenty-year time frame;

      (f) The extent to which new or existing partnerships and collaborations are a part of the proposal; and

      (g) The feasibility of any proposed innovations to accelerate degree production.

      (10) After the board completes its evaluation of the proposed major expansion or mission change using the needs assessment under subsection (2) of this section and viability determination under subsection (9) of this section, the board shall make a recommendation to either proceed, modify, or not proceed with the proposed major expansion or mission change.  The board's recommendation shall be presented to the governor and the legislature.

Sec. 6.  RCW 28B.120.005 and 1999 c 169 s 2 are each amended to read as follows:

      The legislature finds that encouraging collaboration among the various educational sectors to meet statewide productivity and educational attainment needs as described in the system design plan developed by the higher education coordinating board will strengthen the entire educational system, kindergarten through twelfth grade and higher education.  The legislature also recognizes that the most effective way to develop innovative and collaborative programs is to encourage institutions to develop them voluntarily, in line with established state goals.  Through a system of competitive grants, the legislature shall encourage the development of innovative and collaborative and cost-effective solutions to issues of critical statewide need, including:

      (1) Raising educational attainment and planning and piloting innovative initiatives to reach new locations and populations;

      (2) Recognizing needs of special populations of students, including access and completion efforts targeting underrepresented populations;

      (((2))) (3) Furthering the development of learner-centered, technology-assisted course delivery, including expansion of online and hybrid coursework, open courseware, and other uses of technology in order to effectively and efficiently share costs, improve the quality of instruction and student, faculty, and administrative services, increase undergraduate and graduate student access, retention, and graduation, and to enhance transfer capability;

      (((3))) (4) Furthering the development of competency-based measurements of student achievement to be used as the basis for awarding degrees and certificates; ((and

      (4))) (5) Increasing the collaboration among both public and private sector institutions of higher education; and

      (6) Improving productivity through innovations such as accelerated programs and alternative scheduling.

Sec. 7.  RCW 28B.120.010 and 1999 c 169 s 5 are each amended to read as follows:

      The Washington fund for innovation and quality in higher education program is established.  The higher education coordinating board shall administer the program ((for the purpose of awarding grants in which a four-year institution of higher education is named as the lead institution.  The state board for community and technical colleges shall administer the program for the purpose of awarding grants in which a community or technical college is named as the lead institution)) and shall work in close collaboration with the state board for community and technical colleges and other local and regional entities.  Through this program the higher education coordinating board((s)) may award on a competitive basis incentive grants to state public or private nonprofit institutions of higher education or consortia of institutions to encourage ((cooperative)) programs designed to address specific system problems.  ((Grants shall not exceed a two-year period.))  Each institution or consortia of institutions receiving the award shall contribute some financial support, either by covering part of the costs for the program during its implementation, or by assuming continuing support at the end of the grant period.  Strong priority will be given to proposals that involve more than one sector of education((, and to proposals that show substantive institutional commitment)).  Institutions are encouraged to solicit nonstate funds to support these cooperative programs.

Sec. 8.  RCW 28B.120.020 and 1999 c 169 s 3 are each amended to read as follows:

      The higher education coordinating board shall have the following powers and duties in administering the program for those proposals in which a four-year institution of higher education is named as the lead institution and fiscal agent:

      (1) To adopt rules necessary to carry out the program;

      (2) ((To establish one or more review committees to assist in the evaluation of proposals for funding.  The review committee shall include individuals with significant experience in higher education in areas relevant to one or more of the funding period priorities and shall include representatives from both the four-year and two-year sectors of higher education;

      (3))) To award grants no later than September 1st in those years when funding is available by June 30th;

      (((4))) (3) To establish each biennium specific guidelines for submitting grant proposals consistent with RCW 28B.120.005 and consistent with the strategic master plan for higher education, the system design plan, the overall goals of the program and ((consistent with)) the guidelines established by the state board for community and technical colleges under RCW 28B.120.025.  ((During the 1999-01 biennium the guidelines shall be consistent with the following desired outcomes of:

      (a) Minority and diversity initiatives that encourage the participation of minorities in higher education, including students with disabilities;

      (b) K‑12 teacher preparation models that encourage collaboration between higher education and K‑12 to improve the preparedness of teachers, including provisions for higher education faculty involved with teacher preparation to spend time teaching in K‑12 schools;

      (c) Collaborative instructional programs involving K‑12, community and technical colleges, and four‑year institutions of higher education to develop a three‑year degree program, or reduce the time to degree;

      (d) Contracts with public or private institutions or businesses to provide services or the development of collaborative programs;

      (e) Articulation and transfer activities to smooth the transfer of students from K‑12 to higher education, or from the community colleges and technical colleges to four-year institutions;

      (f) Projects that further the development of learner-centered, technology-assisted course delivery; and

      (g) Projects that further the development of competency-based measurements of student achievement to be used as the basis for awarding degrees and certificates.))

      After June 30, 2001, and each biennium thereafter, the board shall determine funding priorities for ((collaborative)) proposals for the biennium in consultation with the governor, the legislature, the office of the superintendent of public instruction, the state board for community and technical colleges, the workforce training and education coordinating board, higher education institutions, educational associations, and business and community groups consistent with statewide needs;

      (((5))) (4) To solicit grant proposals and provide information to the institutions of higher education about the program; and

      (((6))) (5) To establish reporting, evaluation, accountability, monitoring, and dissemination requirements for the recipients of the grants awarded by the higher education coordinating board.

Sec. 9.  RCW 43.88D.010 and 2008 c 205 s 2 are each amended to read as follows:

      (1) By October ((15th)) 1st of each even-numbered year, the office of financial management shall complete an objective analysis and scoring of all capital budget projects proposed by the public four-year institutions of higher education and submit the results of the scoring process to the legislative fiscal committees, the higher education coordinating board, and the four-year institutions((, except that, for 2008, the office of financial management shall complete the objective analysis and scoring by November 1st)).  Each project must be reviewed and scored within one of the following categories, according to the project's principal purpose.  Each project may be scored in only one category.  The categories are:

      (a) Access‑related projects to accommodate enrollment growth at main and branch campuses, at existing or new university centers, or through distance learning.  Growth projects should provide significant additional student capacity.  Proposed projects must demonstrate that they are based on solid enrollment demand projections, more cost‑effectively provide enrollment access than alternatives such as university centers and distance learning, and make cost‑effective use of existing and proposed new space;

      (b) Projects that replace failing permanent buildings ((or renovate facilities to restore building life and upgrade space to meet current program requirements)).  Facilities that cannot be economically renovated are considered replacement projects.  ((Renovation projects should represent a complete renovation of a total facility or an isolated wing of a facility.  A reasonable renovation project should cost between sixty to eighty percent of current replacement value and restore the renovated area to at least twenty-five years of useful life.))  New space may be programmed for the same or a different use than the space being replaced ((or renovated)) and may include additions to improve access and enhance the relationship of program or support space;

      (c) Projects that renovate facilities to restore building life and upgrade space to meet current program requirements.  Renovation projects should represent a complete renovation of a total facility or an isolated wing of a facility.  A reasonable renovation project should cost between sixty to eighty percent of current replacement value and restore the renovated area to at least twenty-five years of useful life.  New space may be programmed for the same or a different use than the space being renovated and may include additions to improve access and enhance the relationship of program or support space;

      (d) Major stand-alone campus infrastructure projects;

      (((d))) (e) Projects that promote economic growth and innovation through expanded research activity.  The acquisition and installation of specialized equipment is authorized under this category; and

      (((e))) (f) Other project categories as determined by the office of financial management in consultation with the legislative fiscal committees.

      (2) The office of financial management, in consultation with the legislative fiscal committees ((and the joint legislative audit and review committee)), shall establish a scoring system and process for each four-year project category that is based on the framework used in the community and technical college system of prioritization.  Staff from the state board for community and technical colleges, the higher education coordinating board, and the four-year institutions shall provide technical assistance on the development of a scoring system and process.

      (3) The office of financial management shall consult with the legislative fiscal committees in the scoring of four-year institution project proposals, and may also solicit participation by ((the joint legislative audit and review committee and)) independent experts.

      (a) For each four-year project category, the scoring system must, at a minimum, include an evaluation of enrollment trends, reasonableness of cost, the ability of the project to enhance specific strategic master plan goals, age and condition of the facility if applicable, and impact on space utilization.

      (b) Each four-year project category may include projects at the predesign, design, or construction funding phase.

      (c) To the extent possible, the objective analysis and scoring system of all capital budget projects shall occur within the context of any and all performance agreements between the office of financial management and the governing board of a public, four-year institution of higher education that aligns goals, priorities, desired outcomes, flexibility, institutional mission, accountability, and levels of resources.

      (4) In evaluating and scoring four-year institution projects, the office of financial management shall take into consideration project schedules that result in realistic, balanced, and predictable expenditure patterns over the ensuing three biennia.

      (5) The office of financial management shall distribute common definitions, the scoring system, and other information required for the project proposal and scoring process as part of its biennial budget instructions((, except that, for the 2009-2011 budget development cycle, this information must be distributed by July 1, 2008)).  The office of financial management, in consultation with the legislative fiscal committees ((and the joint legislative audit and review committee)), shall develop common definitions that four-year institutions must use in developing their project proposals and lists under this section.

      (6) In developing any scoring system for capital projects proposed by the four-year institutions, the office of financial management:

      (a) Shall be provided with all required information by the four- year institutions as deemed necessary by the office of financial management;

      (b) May utilize independent services to verify, sample, or evaluate information provided to the office of financial management by the four- year institutions; and

      (c) Shall have full access to all data maintained by the higher education coordinating board and the joint legislative audit and review committee concerning the condition of higher education facilities.

      (7) By August ((15th)) 1st of each even-numbered year((, beginning in 2008,)) each public four-year higher education institution shall prepare and submit prioritized lists of the individual projects proposed by the institution for the ensuing six-year period in each category.  ((On a pilot basis, the office of financial management shall require one research university to prepare two separate prioritized lists for each category, one for the main campus, and one covering all of the institution's branch campuses.  The office of financial management shall report to the legislative fiscal committees by December 1, 2009, on the effect of this pilot project on capital project financing for all branch campuses.))  The lists must be submitted to the office of financial management and the legislative fiscal committees.  The four-year institutions may aggregate minor works project proposals by primary purpose for ranking purposes.  Proposed minor works projects must be prioritized within the aggregated proposal, and supporting documentation, including project descriptions and cost estimates, must be provided to the office of financial management and the legislative fiscal committees.

Sec. 10.  RCW 28B.76.210 and 2008 c 205 s 4 are each amended to read as follows:

      (1) The board shall collaborate with the four-year institutions including the council of presidents, the community and technical college system, and when appropriate the workforce training and education coordinating board, the superintendent of public instruction, and the independent higher educational institutions to identify budget priorities and levels of funding for higher education, including the two and four-year institutions of higher education and state financial aid programs.  It is the intent of the legislature that recommendations from the board reflect not merely the sum of budget requests from multiple institutions, but prioritized funding needs for the overall system of higher education.

      (2) By December of each odd-numbered year, the board shall distribute guidelines which outline the board's fiscal priorities to the institutions and the state board for community and technical colleges.

      (a) The institutions and the state board for community and technical colleges shall submit an outline of their proposed operating budgets to the board no later than July 1st of each even-numbered year.  Pursuant to guidelines developed by the board, operating budget outlines submitted by the institutions and the state board for community and technical colleges after January 1, 2007, shall include all policy changes and enhancements that will be requested by the institutions and the state board for community and technical colleges in their respective biennial budget requests.  Operating budget outlines shall include a description of each policy enhancement, the dollar amount requested, and the fund source being requested.

      (b) Capital budget outlines for the two-year institutions shall be submitted by August 15th of each even-numbered year, and shall include the prioritized ranking of the capital projects being requested, a description of each capital project, and the amount and fund source being requested.

      (c) Capital budget outlines for the four-year institutions must be submitted by August 15th of each even-numbered year, and must include:  The institutions' priority ranking of the project; the capital budget category within which the project will be submitted to the office of financial management in accordance with RCW 43.88D.010; a description of each capital project; and the amount and fund source being requested.

      (d) The office of financial management shall reference these reporting requirements in its budget instructions.

      (3) The board shall review and evaluate the operating and capital budget requests from four-year institutions and the community and technical college system based on how the requests align with the board's budget priorities, the missions of the institutions, and the statewide strategic master plan for higher education under RCW 28B.76.200.

      (4) The board shall submit recommendations on the proposed operating budget and priorities to the office of financial management by October 1st of each even-numbered year, and to the legislature by January 1st of each odd-numbered year.

(5) The board's capital budget recommendations for the community and technical college system and the four-year institutions must be submitted to the office of financial management ((by November 15th of each even-numbered year)) and to the legislature by ((January 1st of each odd-numbered)) November 15th of each even-numbered year.  The board's recommendations for the four-year institutions must include ((the relative share of the higher education capital budget that the board recommends be assigned to each project category, as defined in RCW 43.88D.010, and to minor works program and preservation)) a single, prioritized list of the major projects that the board recommends be funded with state bond and building account appropriations during the forthcoming fiscal biennium.  In developing this single prioritized list, the board shall:

      (a) Seek to identify the combination of projects that will most cost-effectively achieve the state's goals.  These goals include increasing baccalaureate and graduate degree production, particularly in high-demand fields; promoting economic development through research and innovation; providing quality, affordable educational environments; preserving existing assets; and maximizing the efficient utilization of instructional space;

      (b) Be guided by the objective analysis and scoring of capital budget projects completed by the office of financial management pursuant to chapter 43.88D RCW;

      (c) Anticipate (i) that state bond and building account appropriations continue at the same level during each of the two subsequent fiscal biennia as has actually been appropriated for the baccalaureate institutions during the current one; (ii) that major projects funded for design during a biennium are funded for construction during the subsequent one before state appropriations are provided for new major projects; and (iii) that minor health, safety, code, and preservation projects are funded at the same average level as in recent biennia before state appropriations are provided for new major projects.

      (((5))) (6) Institutions and the state board for community and technical colleges shall submit any supplemental budget requests and revisions to the board at the same time they are submitted to the office of financial management.  The board shall submit recommendations on the proposed supplemental budget requests to the office of financial management by November 1st and to the legislature by January 1st.

NEW SECTION.  Sec. 11.  A new section is added to chapter 28B.20 RCW to read as follows:

      (1) This section provides an alternative process for awarding contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of university buildings and facilities in which critical patient care or highly specialized medical research is located.  These provisions may be used, in lieu of other procedures to award contracts for such work, when the estimated cost of the work is equal to or less than five million dollars and the project involves construction, renovation, remodeling, or alteration of improvements within a building that is used directly for critical patient care or highly specialized medical research.

      (2) The university may create a single critical patient care or specialized medical research facilities roster or may create multiple critical patient care or specialized medical research facilities rosters for different trade specialties or categories of anticipated work.  At least once a year, the university shall publish in a newspaper of general circulation a notice of the existence of the roster or rosters and solicit a statement of qualifications from contractors who wish to be on the roster or rosters of prime contractors.  In addition, qualified contractors shall be added to the roster or rosters at any time they submit a written request, necessary records, and meet the qualifications established by the university.  The university may require eligible contractors desiring to be placed on a roster to keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the university as a condition of being placed on a roster or rosters.  Placement on a roster shall be on the basis of qualifications.

      (3) The public solicitation of qualifications shall include but not be limited to:

      (a) A description of the types of projects to be completed and where possible may include programmatic, performance, and technical requirements and specifications;

      (b) The reasons for using the critical patient care and specialized medical research roster process;

      (c) A description of the qualifications to be required of a contractor, including submission of an accident prevention program;

      (d) A description of the process the university will use to evaluate qualifications, including evaluation factors and the relative weight of factors;

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

      (f) A description of the administrative process by which the required qualifications, evaluation process, and project types may be appealed; and

      (g) A description of the administrative process by which decisions of the university may be appealed.

      (4) The university shall establish a committee to evaluate the contractors submitting qualifications.  Evaluation criteria for selection of the contractor or contractors to be included on a roster shall include, but not be limited to:

      (a) Ability of a contractor's professional personnel;

      (b) A contractor's past performance on similar projects, including but not limited to medical facilities, and involving either negotiated work or other public works contracts;

      (c) The contractor's ability to meet time and budget requirements;

      (d) The contractor's ability to provide preconstruction services, as appropriate;

      (e) The contractor's capacity to successfully complete the project;

      (f) The contractor's approach to executing projects;

      (g) The contractor's approach to safety and the contractor's safety history; and

      (h) The contractor's record of performance, integrity, judgment, and skills.

      (5) Contractors meeting the evaluation committee's criteria for selection must be placed on the applicable roster or rosters.

      (6) When a project is selected for delivery through this roster process, the university must establish a procedure for securing written quotations from all contractors on a roster to assure that a competitive price is established.  Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished.  Plans and specifications must be included in the invitation but may not be detailed.  Award of a project must be made to the responsible bidder submitting the lowest responsive bid.

      (7) The university shall make an effort to solicit proposals from certified minority or certified woman-owned contractors to the extent permitted by the Washington state civil rights act, RCW 49.60.400.

      (8) Beginning in September 2010 and every other year thereafter, the university shall provide a report to the capital projects advisory review board which must, at a minimum, include a list of rosters used, contracts awarded, and a description of outreach to and participation by women and minority-owned businesses.

NEW SECTION.  Sec. 12.  A new section is added to chapter 43.131 RCW to read as follows:

      The alternative process for awarding contracts established in section 11 of this act terminates June 30, 2015, as provided in section 13 of this act.

NEW SECTION.  Sec. 13.  A new section is added to chapter 43.131 RCW to read as follows:

      Section 11 of this act, as now existing or hereafter amended, is repealed, effective June 30, 2016."

Correct the title.

 

      Representatives Wallace and Anderson spoke in favor of the adoption of the amendment.

 

Amendment (1589) was adopted.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Wallace and Anderson spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6355, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6355, as amended by the House, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

Excused: Representative Condotta.

 

SUBSTITUTE SENATE BILL NO. 6355, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

March 9, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to ENGROSSED SENATE BILL NO. 6610 and asks the House to recede therefrom, and the same is herewith transmitted.

Thomas Hoemann, Secretary

 

HOUSE AMENDMENT TO SENATE BILL

 

There being no objection, the House receded from its amendment.  The rules were suspended and ENGROSSED SENATE BILL NO. 6610 was returned to second reading for the purpose of amendment.

 

There being no objection, the House reverted to the sixth order of business.

 

SECOND READING

 

      ENGROSSED SENATE BILL NO. 6610, by Senators Hargrove and McAuliffe

 

      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. )

 

Representative Green moved the adoption of amendment (1591).

0) 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) The secretary shall establish an independent public safety review panel for the purpose of advising the secretary and the courts with respect to persons who have been found not guilty by reason of insanity.  The panel shall provide advice regarding all recommendations:  (a) For a change in commitment status; (b) to allow furloughs or temporary leaves accompanied by staff; or (c) to permit movement about the grounds of the treatment facility, with or without the accompaniment of staff.

      (2) The members of the public safety review panel shall be appointed by the governor for a renewable term of three years and shall include the following:

      (a) A psychiatrist;

      (b) A licensed clinical psychologist;

      (c) A representative of the department of corrections;

      (d) A prosecutor or a representative of a prosecutor's association;

      (e) A representative of law enforcement or a law enforcement association;

      (f) A consumer and family advocate representative; and

      (g) A public defender or a representative of a defender's association.

      (3) Thirty days prior to issuing a recommendation for conditional release under RCW 10.77.150 or forty-five days prior to issuing a recommendation for release under RCW 10.77.200, the secretary shall submit its recommendation with the committed person's application and the department's risk assessment to the public safety review panel.  The public safety review panel shall complete an independent assessment of the public safety risk entailed by the secretary's proposed conditional release recommendation or release recommendation and provide this assessment in writing to the secretary.  The public safety review panel may, within funds appropriated for this purpose, request additional evaluations of the committed person.  The public safety review panel may indicate whether it is in agreement with the secretary's recommendation, or whether it would issue a different recommendation.  The secretary shall provide the panel's assessment when it is received along with any supporting documentation, including all previous reports of evaluations of the committed person in the person's hospital record, to the court, prosecutor in the county that ordered the person's commitment, and counsel for the committed person.

      (4) The secretary shall notify the public safety review panel at appropriate intervals concerning any changes in the commitment or custody status of persons found not guilty by reason of insanity.  The panel shall have access, upon request, to a committed person's complete hospital record.

      (5) The department shall provide administrative and financial support to the public safety review panel.  The department, in consultation with the public safety review panel, may adopt rules to implement this section.

      (6) By December 1, 2014, the public safety review panel shall report to the appropriate legislative committees the following:

      (a) Whether the public safety review panel has observed a change in statewide consistency of evaluations and decisions concerning changes in the commitment status of persons found not guilty by reason of insanity;

      (b) Whether the public safety review panel should be given the authority to make release decisions and monitor release conditions;

      (c) Any other issues the public safety review panel deems relevant.

NEW SECTION.  Sec. 2.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) If the secretary determines in writing that a person committed to the custody of the secretary for treatment as criminally insane presents an unreasonable safety risk which, based on behavior, clinical history, and facility security is not manageable in a state hospital setting, the secretary may place the person in any secure facility operated by the secretary or the secretary of the department of corrections.  Any person affected by this provision shall receive appropriate mental health treatment governed by a formalized treatment plan targeted at mental health rehabilitation needs and shall be afforded his or her rights under RCW 10.77.140, 10.77.150, and 10.77.200.  The secretary of the department of social and health services shall retain legal custody of any person placed under this section and review any placement outside of a department mental health hospital every three months, or sooner if warranted by the person's mental health status, to determine if the placement remains appropriate.

      (2) Beginning December 1, 2010, and every six months thereafter, the secretary shall report to the governor and the appropriate committees of the legislature regarding the use of the authority under this section to transfer persons to a secure facility.  The report shall include information related to the number of persons who have been placed in a secure facility operated by the secretary or the secretary of the department of corrections, and the length of time that each such person has been in the secure facility.

      (3) This section expires June 30, 2015.

NEW SECTION.  Sec. 3.  (1) The Washington state 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. 4.  RCW 10.77.120 and 2000 c 94 s 15 are each amended to read as follows:

(1) The secretary shall ((forthwith)) provide adequate care and individualized treatment to persons found criminally insane at one or several of the state institutions or facilities under ((his or her)) the direction and control ((wherein persons committed as criminally insane may be confined.  Such persons shall be under the custody and control of the secretary to the same extent as are other persons who are committed to the secretary's custody, but such provision shall be made for their control, care, and treatment as is proper in view of their condition)) of the secretary.  In order that the secretary may adequately determine the nature of the mental illness or developmental disability of the person committed ((to him or her)) as criminally insane, ((and in order for the secretary to place such individuals in a proper facility,)) all persons who are committed to the secretary as criminally insane shall be promptly examined by qualified personnel in ((such a manner as)) order to provide a proper evaluation and diagnosis of such individual.  The examinations of all ((developmentally disabled)) persons with developmental disabilities committed under this chapter shall be performed by developmental disabilities professionals.  Any person so committed shall not be released from the control of the secretary ((save upon the)) except by order of a court of competent jurisdiction made after a hearing and judgment of release.

(2) Whenever there is a hearing which the committed person is entitled to attend, the secretary shall send ((him or her)) the person in the custody of one or more department employees to the county ((where)) in which the hearing is to be held at the time the case is called for trial.  During the time the person is absent from the facility, ((he or she shall)) the person may be confined in a facility designated by and arranged for by the department, ((and)) but shall at all times be deemed to be in the custody of the department employee and provided necessary treatment.  If the decision of the hearing remits the person to custody, the department employee shall ((forthwith)) return the person to such institution or facility designated by the secretary.  If the state appeals an order of release, such appeal shall operate as a stay, and the person shall remain in custody ((shall so remain)) and be ((forthwith)) returned to the institution or facility designated by the secretary until a final decision has been rendered in the cause.

Sec. 5.  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 that 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 or upon a change in mental health condition that renders the patient a potential risk to the public 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. 6.  RCW 10.77.160 and 1993 c 31 s 7 are each amended to read as follows:

      When a conditionally released person is required by the terms of his or her conditional release to report to a physician, department of corrections community corrections officer, or medical or mental health practitioner on a regular or periodic basis, the physician, department of corrections community corrections officer, medical or mental health practitioner, or other such person shall monthly, for the first six months after release and semiannually thereafter, or as otherwise directed by the court, submit to the court, the secretary, the institution from which released, and to the prosecuting attorney of the county in which the person was committed, a report stating whether the person is adhering to the terms and conditions of his or her conditional release, and detailing any arrests or criminal charges filed and any significant change in the person's mental health condition or other circumstances.

Sec. 7.  RCW 10.77.190 and 1998 c 297 s 43 are each amended to read as follows:

      (1) Any person submitting reports pursuant to RCW 10.77.160, the secretary, or the prosecuting attorney may petition the court to, or the court on its own motion may schedule an immediate hearing for the purpose of modifying the terms of conditional release if the petitioner or the court believes the released person is failing to adhere to the terms and conditions of his or her conditional release or is in need of additional care and treatment.

      (2) If the prosecuting attorney, the secretary of social and health services, the secretary of corrections, or the court, after examining the report filed with them pursuant to RCW 10.77.160, or based on other information received by them, reasonably believes that a conditionally released person is failing to adhere to the terms and conditions of his or her conditional release the court or secretary of social and health services or the secretary of corrections may order that the conditionally released person be apprehended and taken into custody ((until such time as a hearing can be scheduled to determine the facts and whether or not the person's conditional release should be revoked or modified)).  The court shall be notified of the apprehension before the close of the next judicial day ((of the apprehension)).  The court shall schedule a hearing within thirty days to determine whether or not the person's conditional release should be modified or revoked.  Both the prosecuting attorney and the conditionally released person shall have the right to request an immediate mental examination of the conditionally released person.  If the conditionally released person is indigent, the court or secretary of social and health services or the secretary of corrections or their designees shall, upon request, assist him or her in obtaining a qualified expert or professional person to conduct the examination.

      (3) If the hospital or facility designated to provide outpatient care determines that a conditionally released person presents a threat to public safety, the hospital or facility shall immediately notify the secretary of social and health services or the secretary of corrections or their designees.  The secretary shall order that the conditionally released person be apprehended and taken into custody.

      (4) The court, upon receiving notification of the apprehension, shall promptly schedule a hearing.  The issue to be determined is whether the conditionally released person did or did not adhere to the terms and conditions of his or her release, or whether the person presents a threat to public safety.  Pursuant to the determination of the court upon such hearing, the conditionally released person shall either continue to be conditionally released on the same or modified conditions or his or her conditional release shall be revoked and he or she shall be committed subject to release only in accordance with provisions of this chapter.

Sec. 8.  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) For purposes of this section, a person affected by a mental disease or defect in a state of remission is considered to have a mental disease or defect requiring supervision when the disease may, with reasonable medical probability, occasionally become active and, when active, render the person a danger to others.  Upon a finding that the petitioner has a mental disease or defect in a state of remission under this subsection, the court may deny release, or place or continue such a person on conditional release.

      (5) 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.

(6) Nothing contained in this chapter shall prohibit the committed person from petitioning for release by writ of habeas corpus.

NEW SECTION.  Sec. 9.  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 the secretary's designee 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 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.

 

      Representatives Green, Dammeier and Dickerson spoke in favor of the adoption of the amendment.

 

Amendment (1591) was adopted.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Green and Dammeier spoke in favor of the passage of the bill.

 

      Representative Appleton spoke against the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 6610, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6610, as amended by the House, and the bill passed the House by the following vote: Yeas, 92; Nays, 5; Absent, 0; Excused, 1.

Voting yea: Representatives Alexander, Anderson, Angel, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Clibborn, Cody, Conway, Crouse, Dammeier, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

Voting nay: Representatives Appleton, Chase, Darneille, Hasegawa and Upthegrove.

Excused: Representative Condotta.

 

ENGROSSED SENATE BILL NO. 6610, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

March 9, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 6730 and asks the House to recede therefrom, and the same is herewith transmitted.

Thomas Hoemann, Secretary

 

HOUSE AMENDMENT TO SENATE BILL

 

There being no objection, the House receded from its amendment.  The rules were suspended and SUBSTITUTE SENATE BILL NO. 6730 was returned to second reading for the purpose of amendment.

 

There being no objection, the House reverted to the sixth order of business.

 

SECOND READING

 

      SUBSTITUTE SENATE BILL NO. 6730, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Becker, Hargrove, Stevens and Roach)

 

      Concerning child welfare.

 

Representative Kagi moved the adoption of amendment (1583).

0) 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 13.34.096 and 2009 c 520 s 25 are each amended to read as follows:

(1) The department or supervising agency shall provide the child's foster parents, preadoptive parents, or other caregivers with notice of their right to be heard prior to each proceeding held with respect to the child in juvenile court under this chapter.  The rights to notice and to be heard apply only to persons with whom a child has been placed by the department ((before shelter care)) or other supervising agency and who are providing care to the child at the time of the proceeding.  This section shall not be construed to grant party status to any person solely on the basis of such notice and right to be heard.

(2) The department or other supervising agency and the court also shall consider, in any hearing under this chapter regarding a change in the child's placement, written information about the child submitted by persons who provided care to the child within twelve months preceding the hearing and other persons who have a significant relationship with the child.

Sec. 2.  RCW 74.13.300 and 2009 c 520 s 77 are each amended to read as follows:

      (1) Whenever a child has been placed in a foster family home or in the home of a relative caregiver or other suitable person as described in RCW 13.34.130(1)(b) by the department or supervising agency and the child has thereafter resided in the home for at least ninety consecutive days, the department or supervising agency shall notify the foster family, relative caregiver, or other suitable person at least five days prior to moving the child to another placement, unless:

      (a) A court order has been entered requiring an immediate change in placement;

      (b) The child is being returned home;

      (c) The child's safety is in jeopardy; or

      (d) The child is residing in a receiving home or a group home.

      (2) If the child has resided in a foster family home or in the home of a relative caregiver or other suitable person as described in RCW 13.34.130(1)(b) for less than ninety days or if, due to one or more of the circumstances in subsection (1) of this section, it is not possible to give five days' notification, the department or supervising agency shall notify the foster family, relative caregiver, or suitable person of proposed placement changes as soon as reasonably possible.

      (3) This section is intended ((solely)) to assist in minimizing disruption to the child in changing ((foster care)) placements.  Nothing in this section shall be construed to require that a court hearing be held prior to changing a child's ((foster care)) placement nor to create any substantive custody rights ((in the)) for foster parents, relative caregivers, or other suitable persons with whom a child is placed.

(4) Whenever a child has been placed with and resided in the home of a foster family, relative caregiver, or other suitable person as described in RCW 13.34.130(1)(b) for twelve continuous months or longer, the notice required under this section must be in writing and specify the reasons for changing the child's placement.  The department shall report annually to the appropriate committees of the legislature regarding changes in placement for children who have resided for twelve continuous months or longer with a foster family, relative caregiver, or other suitable person, including the reasons for changing the placements of those children.  The first report is due to the legislature not later than September 1, 2011, and a final report is due September 1, 2015.

Sec. 3.  RCW 13.34.105 and 2008 c 267 s 13 are each amended to read as follows:

      (1) Unless otherwise directed by the court, the duties of the guardian ad litem for a child subject to a proceeding under this chapter, including an attorney specifically appointed by the court to serve as a guardian ad litem, include but are not limited to the following:

      (a) To investigate, collect relevant information about the child's situation, and report to the court factual information regarding the best interests of the child;

      (b) To meet with, interview, or observe the child, depending on the child's age and developmental status, and report to the court any views or positions expressed by the child on issues pending before the court;

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

      (d) To report to the court information on the legal status of a child's membership in any Indian tribe or band;

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

      (f) To represent and be an advocate for the best interests of the child.

      (2) The guardian ad litem's duties do not include making findings under RCW 26.44.030 regarding alleged child abuse or neglect.

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

      (((3))) (4) Except for information or records specified in RCW 13.50.100(7), the guardian ad litem shall have access to all information available to the state or agency on the case.  Upon presentation of the order of appointment by the guardian ad litem, any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the guardian ad litem to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under the age of thirteen years, unless such access is otherwise specifically prohibited by law.

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

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

Correct the title.

 

      Representatives Kagi and Haler spoke in favor of the adoption of the amendment.

 

Amendment (1583) was adopted.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Kagi and Haler spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6730, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6730, as amended by the House, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

Excused: Representative Condotta.

 

SUBSTITUTE SENATE BILL NO. 6730, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

March 10, 2010

Mr. Speaker:

 

The Senate receded from its amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2424, and under suspension of the rules returned ENGROSSED SUBSTITUTE HOUSE BILL NO. 2424 to second reading for purpose of amendment.  The Senate further adopted amendment 2424-S.E AMS KLIN S5446.1 and passed the measure as amended.

0) 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 9.68A.001 and 2007 c 368 s 1 are each amended to read as follows:

      The legislature finds that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance.  The care of children is a sacred trust and should not be abused by those who seek commercial gain or personal gratification based on the exploitation of children.

      The legislature further finds that the protection of children from sexual exploitation can be accomplished without infringing on a constitutionally protected activity.  The definition of "sexually explicit conduct" and other operative definitions demarcate a line between protected and prohibited conduct and should not inhibit legitimate scientific, medical, or educational activities.

      The legislature further finds that children engaged in sexual conduct for financial compensation are frequently the victims of sexual abuse.  Approximately eighty to ninety percent of children engaged in sexual activity for financial compensation have a history of sexual abuse victimization.  It is the intent of the legislature to encourage these children to engage in prevention and intervention services and to hold those who pay to engage in the sexual abuse of children accountable for the trauma they inflict on children.

The legislature further finds that due to the changing nature of technology, offenders are now able to access child pornography in different ways and in increasing quantities.  By amending current statutes governing depictions of a minor engaged in sexually explicit conduct, it is the intent of the legislature to ensure that intentional viewing of and dealing in child pornography over the internet is subject to a criminal penalty without limiting the scope of existing prohibitions on the possession of or dealing in child pornography, including the possession of electronic depictions of a minor engaged in sexually explicit conduct.  It is also the intent of the legislature to clarify, in response to State v. Sutherby, 204 P.3d 916 (2009), the unit of prosecution for the statutes governing possession of and dealing in depictions of a minor engaged in sexually explicit conduct.  It is the intent of the legislature that the first degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per depiction or image unit of prosecution, while the second degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per incident unit of prosecution as established in State v. Sutherby, 204 P.3d 916 (2009).  Furthermore, it is the intent of the legislature to set a different unit of prosecution for the new offense of viewing of depictions of a minor engaged in sexually explicit conduct such that each separate session of intentionally viewing over the internet of visual depictions or images of a minor engaged in sexually explicit conduct constitutes a separate offense.

NEW SECTION.  Sec. 2.  A new section is added to chapter 9.68A RCW to read as follows:

      This chapter does not apply to lawful conduct between spouses.

Sec. 3.  RCW 9.68A.011 and 2002 c 70 s 1 are each amended to read as follows:

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

      (1) An "internet session" means a period of time during which an internet user, using a specific internet protocol address, visits or is logged into an internet site for an uninterrupted period of time.

      (2) To "photograph" means to make a print, negative, slide, digital image, motion picture, or videotape.  A "photograph" means anything tangible or intangible produced by photographing.

      (((2))) (3) "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.

      (((3))) (4) "Sexually explicit conduct" means actual or simulated:

      (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;

      (b) Penetration of the vagina or rectum by any object;

      (c) Masturbation;

      (d) Sadomasochistic abuse ((for the purpose of sexual stimulation of the viewer));

      (e) ((Exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;

      (f))) Defecation or urination for the purpose of sexual stimulation of the viewer;

(f) Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer.  For the purposes of this subsection (4)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and

      (g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

      (((4))) (5) "Minor" means any person under eighteen years of age.

      (((5))) (6) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.

Sec. 4.  RCW 9.68A.050 and 1989 c 32 s 3 are each amended to read as follows:

      ((A person who:))

      (1)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:

      (i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells ((any)) a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e); or

      (((2))) (ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).

      (b) Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree is ((guilty of)) a class ((C)) B felony punishable under chapter 9A.20 RCW.

(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.

      (2)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she:

      (i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g); or

      (ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).

      (b) Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.

      (c) For the purposes of determining the unit of prosecution under this subsection, each incident of dealing in one or more depictions or images of visual or printed matter constitutes a separate offense.

Sec. 5.  RCW 9.68A.060 and 1989 c 32 s 4 are each amended to read as follows:

(1)(a) A person ((who)) commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, ((any)) a visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).

      (b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree is ((guilty of)) a class ((C)) B felony punishable under chapter 9A.20 RCW.

(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.

      (2)(a) A person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, any visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).

      (b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.

      (c) For the purposes of determining the unit of prosecution under this subsection, each incident of sending or bringing into the state one or more depictions or images of visual or printed matter constitutes a separate offense.

Sec. 6.  RCW 9.68A.070 and 2006 c 139 s 3 are each amended to read as follows:

(1)(a) A person ((who)) commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).

      (b) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree is ((guilty of)) a class B felony punishable under chapter 9A.20 RCW.

(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.

      (2)(a) A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly possesses any visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).

      (b) Possession of depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.

      (c) For the purposes of determining the unit of prosecution under this subsection, each incident of possession of one or more depictions or images of visual or printed matter constitutes a separate offense.

NEW SECTION.  Sec. 7.  A new section is added to chapter 9.68A RCW to read as follows:

      (1) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the first degree, a class B felony punishable under chapter 9A.20 RCW.

      (2) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree, a class C felony punishable under chapter 9A.20 RCW.

      (3) For the purposes of determining whether a person intentionally viewed over the internet a visual or printed matter depicting a minor engaged in sexually explicit conduct in subsection (1) or (2) of this section, the trier of fact shall consider the title, text, and content of the visual or printed matter, as well as the internet history, search terms, thumbnail images, downloading activity, expert computer forensic testimony, number of visual or printed matter depicting minors engaged in sexually explicit conduct, defendant's access to and control over the electronic device and its contents upon which the visual or printed matter was found, or any other relevant evidence.  The state must prove beyond a reasonable doubt that the viewing was initiated by the user of the computer where the viewing occurred.

      (4) For the purposes of this section, each separate internet session of intentionally viewing over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct constitutes a separate offense.

Sec. 8.  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.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, or section 7 of this act, it shall be an affirmative defense that the defendant was a law enforcement officer or a person specifically authorized, in writing, to assist a law enforcement officer and acting at the direction of 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.  Nothing in this act is intended to in any way affect or diminish the immunity afforded an electronic communication service provider, remote computing service provider, or domain name registrar acting in the performance of its reporting or preservation responsibilities under 18 U.S.C. Secs. 2258a, 2258b, or 2258c.

      (5) In a prosecution under RCW 9.68A.050, 9.68A.060, ((or)) 9.68A.070, or section 7 of this act, the state is not required to establish the identity of the alleged victim.

(6) In a prosecution under RCW 9.68A.070 or section 7 of this act, it shall be an affirmative defense that:

      (a) The defendant was employed at or conducting research in partnership or in cooperation with any institution of higher education as defined in RCW 28B.07.020 or 28B.10.016, and:

      (i) He or she was engaged in a research activity;

      (ii) The research activity was specifically approved prior to the possession or viewing activity being conducted in writing by a person, or other such entity vested with the authority to grant such approval by the institution of higher learning; and

      (iii) Viewing or possessing the visual or printed matter is an essential component of the authorized research; or

      (b) The defendant was an employee of the Washington state legislature engaged in research at the request of a member of the legislature and:

      (i) The request for research is made prior to the possession or viewing activity being conducted in writing by a member of the legislature;

      (ii) The research is directly related to a legislative activity; and

      (iii) Viewing or possessing the visual or printed matter is an essential component of the requested research and legislative activity.

      (c) Nothing in this section authorizes otherwise unlawful viewing or possession of visual or printed matter depicting a minor engaged in sexually explicit conduct.

Sec. 9.  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))

 

 

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)

 

 

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 1

      (RCW   9.68A.050(1))

 

 

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 1 (RCW

      9.68A.060(1))

 

 

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 1 (RCW 9.68A.070(1))

 

 

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)

 

 

Dealing in Depictions of Minor

      Engaged in Sexually Explicit

      Conduct 2 (RCW 9.68A.050(2))

 

 

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)

 

 

Sending, Bringing into State Depictions

      of Minor Engaged in Sexually

      Explicit Conduct 2 (RCW

      9.68A.060(2))

 

 

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)

 

 

Possession of Depictions of a Minor

      Engaged in Sexually Explicit

      Conduct 2 (RCW 9.68.070(2))

 

 

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)

 

 

Viewing of Depictions of a Minor

      Engaged in Sexually Explicit

      Conduct 1 (section 7(1) of this act)

 

 

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. 10.  RCW 9.94A.535 and 2008 c 276 s 303 and 2008 c 233 s 9 are each reenacted and amended to read as follows:

      The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.  Facts supporting aggravated sentences, other than the fact of a prior conviction, shall be determined pursuant to the provisions of RCW 9.94A.537.

      Whenever a sentence outside the standard sentence range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law.  A sentence outside the standard sentence range shall be a determinate sentence.

      If the sentencing court finds that an exceptional sentence outside the standard sentence range should be imposed, the sentence is subject to review only as provided for in RCW 9.94A.585(4).

      A departure from the standards in RCW 9.94A.589 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in this section, and may be appealed by the offender or the state as set forth in RCW 9.94A.585 (2) through (6).

      (1) Mitigating Circumstances - Court to Consider

      The court may impose an exceptional sentence below the standard range if it finds that mitigating circumstances are established by a preponderance of the evidence.  The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

      (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

      (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

      (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

      (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

      (e) The defendant's capacity to appreciate the wrongfulness of his or her conduct, or to conform his or her conduct to the requirements of the law, was significantly impaired.  Voluntary use of drugs or alcohol is excluded.

      (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

      (g) The operation of the multiple offense policy of RCW 9.94A.589 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

      (2) Aggravating Circumstances - Considered and Imposed by the Court

      The trial court may impose an aggravated exceptional sentence without a finding of fact by a jury under the following circumstances:

      (a) The defendant and the state both stipulate that justice is best served by the imposition of an exceptional sentence outside the standard range, and the court finds the exceptional sentence to be consistent with and in furtherance of the interests of justice and the purposes of the sentencing reform act.

      (b) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (c) The defendant has committed multiple current offenses and the defendant's high offender score results in some of the current offenses going unpunished.

      (d) The failure to consider the defendant's prior criminal history which was omitted from the offender score calculation pursuant to RCW 9.94A.525 results in a presumptive sentence that is clearly too lenient.

      (3) Aggravating Circumstances - Considered by a Jury -Imposed by the Court

      Except for circumstances listed in subsection (2) of this section, the following circumstances are an exclusive list of factors that can support a sentence above the standard range.  Such facts should be determined by procedures specified in RCW 9.94A.537.

      (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

      (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance.

      (c) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.

      (d) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

      (i) The current offense involved multiple victims or multiple incidents per victim;

      (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

      (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

      (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

      (e) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition:  The presence of ANY of the following may identify a current offense as a major VUCSA:

      (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

      (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

      (iii) The current offense involved the manufacture of controlled substances for use by other parties;

      (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

      (v) The current offense involved a high degree of sophistication or planning, occurred over a lengthy period of time, or involved a broad geographic area of disbursement; or

      (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

      (f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.835.

      (g) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

      (h) The current offense involved domestic violence, as defined in RCW 10.99.020, and one or more of the following was present:

      (i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;

      (ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or

      (iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.

      (i) The offense resulted in the pregnancy of a child victim of rape.

      (j) The defendant knew that the victim of the current offense was a youth who was not residing with a legal custodian and the defendant established or promoted the relationship for the primary purpose of victimization.

      (k) The offense was committed with the intent to obstruct or impair human or animal health care or agricultural or forestry research or commercial production.

      (l) The current offense is trafficking in the first degree or trafficking in the second degree and any victim was a minor at the time of the offense.

      (m) The offense involved a high degree of sophistication or planning.

      (n) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

      (o) The defendant committed a current sex offense, has a history of sex offenses, and is not amenable to treatment.

      (p) The offense involved an invasion of the victim's privacy.

      (q) The defendant demonstrated or displayed an egregious lack of remorse.

      (r) The offense involved a destructive and foreseeable impact on persons other than the victim.

      (s) The defendant committed the offense to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group.

      (t) The defendant committed the current offense shortly after being released from incarceration.

      (u) The current offense is a burglary and the victim of the burglary was present in the building or residence when the crime was committed.

      (v) The offense was committed against a law enforcement officer who was performing his or her official duties at the time of the offense, the offender knew that the victim was a law enforcement officer, and the victim's status as a law enforcement officer is not an element of the offense.

      (w) The defendant committed the offense against a victim who was acting as a good samaritan.

      (x) The defendant committed the offense against a public official or officer of the court in retaliation of the public official's performance of his or her duty to the criminal justice system.

      (y) The victim's injuries substantially exceed the level of bodily harm necessary to satisfy the elements of the offense.  This aggravator is not an exception to RCW 9.94A.530(2).

      (z)(i)(A) The current offense is theft in the first degree, theft in the second degree, possession of stolen property in the first degree, or possession of stolen property in the second degree; (B) the stolen property involved is metal property; and (C) the property damage to the victim caused in the course of the theft of metal property is more than three times the value of the stolen metal property, or the theft of the metal property creates a public hazard.

      (ii) For purposes of this subsection, "metal property" means commercial metal property, private metal property, or nonferrous metal property, as defined in RCW 19.290.010.

      (aa) The defendant committed the offense with the intent to directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage to or for a criminal street gang as defined in RCW 9.94A.030, its reputation, influence, or membership.

(bb) The current offense involved paying to view, over the internet in violation of section 7 of this act, depictions of a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (g).

Sec. 11.  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) "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) "Nonviolent offense" means an offense which is not a violent offense.

      (31) "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) "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, 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) "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) "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)(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) "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; or (iv) a teacher, counselor, volunteer, or other person in authority providing home-based instruction and the victim was a student receiving home-based instruction while under his or her authority or supervision.  For purposes of this subsection:  (A) "Home- based instruction" has the same meaning as defined in RCW 28A.225.010; and (B) "teacher, counselor, volunteer, or other person in authority" does not include the parent or legal guardian of the victim.

      (36) "Private school" means a school regulated under chapter 28A.195 or 28A.205 RCW.

      (37) "Public school" has the same meaning as in RCW 28A.150.010.

      (38) "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) "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) "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) "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) "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) "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) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

      (45) "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) "Stranger" means that the victim did not know the offender twenty-four hours before the offense.

      (47) "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) "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) "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) "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) "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) "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) "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."

On page 1, line 2 of the title, after "abuse;" strike the remainder of the title and insert "amending RCW 9.68A.001, 9.68A.011, 9.68A.050, 9.68A.060, 9.68A.070, 9.68A.110, and 9.94A.030; reenacting and amending RCW 9.94A.515 and 9.94A.535; adding new sections to chapter 9.68A RCW; and prescribing penalties."

 

and the same is herewith transmitted.

Brad Hendrickson, Deputy, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2424 and advanced the bill as amended by the Senate to final passage.

 

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

 

THIRD READING

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Hurst and Pearson spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2424, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2424, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

      Excused: Representative Condotta.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2424, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

March 9, 2010

Mr. Speaker:

 

The Senate receded from its amendment to SECOND SUBSTITUTE HOUSE BILL NO. 3076, and under suspension of the rules returned SECOND SUBSTITUTE HOUSE BILL NO. 3076 to second reading for purpose of amendment.  The Senate further adopted amendment 3076-S2 AMS HARG S5494.1 and passed the measure as amended.

0) 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The Washington institute for public policy shall, in collaboration with the department of social and health services and other applicable entities, undertake a search for a validated mental health assessment tool or combination of tools to be used by designated mental health professionals when undertaking assessments of individuals for detention, commitment, and revocation under the involuntary treatment act pursuant to chapter 71.05 RCW.

      (2) This section expires June 30, 2011.

Sec. 2.  RCW 71.05.212 and 1999 c 214 s 5 are each amended to read as follows:

(1) Whenever a ((county)) designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:

      (((1))) (a) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW;

      (((2))) (b) Historical behavior, including history of one or more violent acts;

      (((3))) (c) Prior determinations of incompetency or insanity under chapter 10.77 RCW; and

      (((4))) (d) Prior commitments under this chapter.

(2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person.  If the designated mental health professional relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor.  The designated mental health professional or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.

      (3) Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm when:

      (a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;

      (b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and

      (c) Without treatment, the continued deterioration of the respondent is probable.

      ((In addition,)) (4) When conducting an evaluation for offenders identified under RCW 72.09.370, the ((county)) designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

Sec. 3.  RCW 71.05.245 and 1999 c 13 s 6 are each amended to read as follows:

(1) In making a determination of whether a person is gravely disabled or presents a likelihood of serious harm in a hearing conducted under RCW 71.05.240 or 71.05.320, the court must consider the symptoms and behavior of the respondent in light of all available evidence concerning the respondent's historical behavior.

      (2) Symptoms or behavior which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm when:  (a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts; (b) these symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and (c) without treatment, the continued deterioration of the respondent is probable.

      (3) In making a determination of whether there is a likelihood of serious harm in a hearing conducted under RCW 71.05.240 or 71.05.320, the court shall give great weight to any evidence before the court regarding whether the person has:  (((1))) (a) A recent history of one or more violent acts; or (((2))) (b) a recent history of one or more commitments under this chapter or its equivalent provisions under the laws of another state which were based on a likelihood of serious harm.  The existence of prior violent acts or commitments under this chapter or its equivalent shall not be the sole basis for determining whether a person presents a likelihood of serious harm.

      For the purposes of this ((section)) subsection "recent" refers to the period of time not exceeding three years prior to the current hearing.

NEW SECTION.  Sec. 4.  A new section is added to chapter 71.05 RCW to read as follows:

      (1) Whenever a person who is the subject of an involuntary commitment order under this chapter is discharged from an evaluation and treatment facility or state hospital, the evaluation and treatment facility or state hospital shall provide notice of the person's discharge to the designated mental health professional office responsible for the initial commitment and the designated mental health professional office that serves the county in which the person is expected to reside.  The evaluation and treatment facility or state hospital must also provide these offices with a copy of any less restrictive order or conditional release order entered in conjunction with the discharge of the person, unless the evaluation and treatment facility or state hospital has entered into a memorandum of understanding obligating another entity to provide these documents.

      (2) The notice and documents referred to in subsection (1) of this section shall be provided as soon as possible and no later than one business day following the discharge of the person.  Notice is not required under this section if the discharge is for the purpose of transferring the person for continued detention and treatment under this chapter at another treatment facility.

      (3) The department shall maintain and make available an updated list of contact information for designated mental health professional offices around the state.

NEW SECTION.  Sec. 5.  Sections 2 and 3 of this act take effect January 1, 2012.

NEW SECTION.  Sec. 6.  A new section is added to chapter 9.94A RCW to read as follows:

      (1) Before imposing any legal financial obligations upon a defendant who suffers from a mental health condition, other than restitution or the victim penalty assessment under RCW 7.68.035, a judge must first determine that the defendant, under the terms of this section, has the means to pay such additional sums.

      (2) For the purposes of this section, a defendant suffers from a mental health condition when the defendant has been diagnosed with a mental disorder that prevents the defendant from participating in gainful employment, as evidenced by a determination of mental disability as the basis for the defendant's enrollment in a public assistance program, a record of involuntary hospitalization, or by competent expert evaluation.

NEW SECTION.  Sec. 7.  If specific funding for the purposes of sections 1, 2, and 3 of this act, referencing the specific section of this act by section number and by bill or chapter number, is not provided by June 30, 2010, in the omnibus appropriations act, each section not referenced is null and void."

On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "amending RCW 71.05.212 and 71.05.245; adding a new section to chapter 71.05 RCW; adding a new section to chapter 9.94A RCW; creating new sections; providing an effective date; and providing an expiration date."

 

and the same is herewith transmitted.

Brad Hendrickson, Deputy, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to SECOND SUBSTITUTE HOUSE BILL NO. 3076 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Dickerson and Dammeier spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 3076, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Second Substitute House Bill No. 3076, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

      Excused: Representative Condotta.

 

SECOND SUBSTITUTE HOUSE BILL NO. 3076, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

RESOLUTIONS

 

HOUSE RESOLUTION NO. 4701, by Representatives Schmick and Fagan

 

      WHEREAS, The Colton High School basketball team reached the status of a superpower after winning their second State 1B girls' basketball championship at the SunDome on February 27, 2010; and

      WHEREAS, The Colton Wildcats basketball team has finished third, second, and first twice since the 1B classification was created; and

      WHEREAS, To win the State Championship, the Wildcats defeated opponents from King's Way Christian by 79-15, Bickleton by 76-18, Columbia by 40-23, and Almira/Coulee-Hartline by 64-34 in the final; and

      WHEREAS, The Colton Wildcats crushed their 2009 record for points in a tournament with 259, easily outdistancing their old total of 232; and

      WHEREAS, The Wildcats established a tournament record for fewest points allowed with 89 and also made a record for margin of victory, which was a cumulative 169 points; and

      WHEREAS, The Colton Wildcats established their dominance early on by leading 38-15 at the half; and

      WHEREAS, The 2010 Wildcats showed that they deserved the state championship title when they finished their season with an outstanding 25-1 season record; and

      WHEREAS, This is Colton's second state championship title since the 1983's Colton football champions;

      NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor Kaden Dahmen, Grace Druffel, Kaitlin Druffel, McKenzie Heaslet, Mollie Kramer, Payton Meyer, Haley Moser, Kelsey Moser, Mikayla Nygreen, RayLynn Smith, Paige Vincent, Erin Weber, and Coach Clark Vining on the occasion of capturing the school's second-straight championship title.

 

HOUSE RESOLUTION NO. 4701 was adopted.

 

HOUSE RESOLUTION NO. 4702, by Representatives Schmick and Fagan

 

      WHEREAS, The Colfax High School basketball team successfully defended its 2009 title by beating La Salle 52-43 in the State 2B girls championship game on Saturday, March 6, 2010; and

      WHEREAS, The girls' basketball team has reached superpower status in the 2B division after winning its sixth state championship title in the last eight years; and

      WHEREAS, The Bulldogs won their championship by defeating opponents from DeSales, Wahkiakum, Toutle Lake, and La Salle; and

      WHEREAS, Colfax defeated DeSales High School in the first round with a victory margin of 65 to 48; and

      WHEREAS, The Bulldogs swept Wahkiakum High School in dominant fashion in the quarterfinals by a margin of 75 to 35; and

      WHEREAS, Colfax's basketball players continued their strong defense and tournament domination with a victory against Toutle Lake High School by 42 to 33 in the semifinal game; and

      WHEREAS, The 2010 Bulldogs showed that they deserved the state championship title when they finished the tournament against the 2008 champion La Salle High School and defeated them during the championship round with a victory of 52 to 43; and

      WHEREAS, The Colfax Bulldogs scored a total of 1,665 points over the season, allowed only 1,083 points, and finished the season with a 22-3 record;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and honor the 2010 Colfax High School Bulldogs basketball team:  Amelie Bruya, Brooke Webber, Hannah Harazin, Karmen Hall, Rachel Johnson, Misty Skelton, Kayla Johnson, Shaina Simonson, Raven Elkins, Brittney Burke, Emily Shaw, and Kayleigh Maltone; coaches Corey Baerlocher, Tom Fowler, and Jenna Vuletich; and managers Taylor Larsen, Brooklyn Schmidt, Rachel Robinson, Nicole Sheer, and Brady Cornelius, on the occasion of capturing the school's sixth championship title.

 

HOUSE RESOLUTION NO. 4702 was adopted.

 

HOUSE RESOLUTION NO. 4704, by Representative Pettigrew

 

      WHEREAS, The Washington state legislature recognizes excellence in all fields of endeavors; and

      WHEREAS, Scholar-athletes have exhibited true excellence in their pursuit of postsecondary educational opportunities while competing in intercollegiate sports; and

      WHEREAS, Scholar-athletes serve as mentors who go beyond providing spectators with dreams and aspirations of becoming a successful athlete and lead by example by displaying that academic achievement is an admirable accomplishment that portends a promising future; and

      WHEREAS, Anyone who has ever been discouraged while confronting obstacles or experiencing adversity knows the need for a mentor, hope, and inspiration, and scholar-athletes continue to positively influence others by virtue of illustrating what can be achieved through diligence and perseverance; and

      WHEREAS, While scholar-athletes encourage people to dream, they set high standards with their ability to consistently meet rigorous athletic requirements while honoring the importance of education; and

      WHEREAS, Maintaining a strong drive and dedication requires sacrifice and persistence that is deserving of recognition; and

      WHEREAS, The following athletes have demonstrated the aforementioned tenants of an outstanding scholar-athlete:  Tyler Fischer, Raquel Gonzalez, Kaycie Hutchins, Danielle Monson, Garrett Rolsma, Johnny Spevak, Brandie Vea from Central Washington University; Lacey Kerr, Joanne (Jo E.) Mayer, Lindsay Oakes, Cassie Pilkinton, Natalie Turner, Elly Bulega, Jeff Kintner, Nate Montgomery, Bryan Olson, Cody Stelzer from Whitworth University; Joyce Ardies, Anita Campbell, Jill Collymore, Rylan Hawkins, Paul Homer, Lindsey Kasser, Jordan Swarthout, Nick Taylor, Alyson McWherter, Sami Whitcomb from University of Washington; Nicholas J. Barclay, Benjamin L. Funkhouser, Mark J. Castellitto, Jeremy R. Stumetz, Lori J. Conrad, Taylor J. Hall, Layne A. Brosky, Anna L. Friedhoff, Christopher Pontarolo-Maag, Tiffany L. Shives from Gonzaga University; Madeleine Eckmann, Kylie Broadbent, Greg Kubitz from Western Washington University; Jamey Gelhar, Krinda Carlson, Charlie Severs from Saint Martin's University; Katie Garcin, Alison Matisons, Angel Stewart from The Evergreen State College; Matthew Fanelli, Nikola Koprivica, Kenneth Alfred, Nicholas Grigsby, Matthew Lamb, Erica Lewis, Kiersten Dallstream, Michaela Ahlin, Jackie Albright, Lisa Egami from Washington State University; Ashley Nicole Zalsman, Jonathan Long from Walla Walla University; Nathan Rheaume, Nathan Downs, McKenzie McKean, Kyle Wall from Northwest University; Paul Limpf, Jacob Kragt, Nicole Luckenbach, Chris Thomas, Ashley Hamilton, Jessica Huntington from Eastern Washington University and the outstanding scholar-athletes from Whitman College, Seattle Pacific University, Seattle University, Pacific Lutheran University, and University of Puget Sound;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize scholar-athletes at institutions of higher learning throughout the state of Washington for their ability to exhibit potential through athletic and academic achievement.

 

HOUSE RESOLUTION NO. 4704 was adopted.

 

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

 

REPORTS OF STANDING COMMITTEES

 

March 9, 20100)

HB 2617             Prime Sponsor, Representative Driscoll: Eliminating certain boards and commissions.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on State Government & Tribal Affairs.  Signed by Representatives Linville, Chair; Ericks, Vice Chair; Sullivan, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Chandler; Cody; Conway; Darneille; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Pettigrew; Priest; Ross; Schmick and Seaquist.

 

      There being no objection, HOUSE BILL NO. 2617 was placed on the second reading calendar.

 

RESOLUTIONS

 

HOUSE RESOLUTION NO. 4698, by Representatives Darneille, Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Chopp, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, and Wood

 

      WHEREAS, The Washington State Legislature recognizes and honors the contributions of individuals who exhibit the standards of excellence that advance the well-being and quality of life of all citizens of the State of Washington; and

      WHEREAS, Washington State Representative Dennis Flannigan has served the people of the 27th District and Washington with honor and distinction since 2003; and

      WHEREAS, Dennis Flannigan has announced that he will not seek reelection to the Washington State Legislature this year; and

      WHEREAS, Each and every year of Dennis Flannigan's outstanding service to the people of Washington was a shining example of his core principles of honesty, justice, and compassion; and

      WHEREAS, Having established a reputation for his unwavering pursuit of transparency and openness, Dennis Flannigan maintained a steadfast commitment to showing his true colors at all times; and

      WHEREAS, His love of black licorice, which he often referred to as "real" licorice, and classic white socks were just small snippets of his intriguing character; and

      WHEREAS, As a fan of the arts, Dennis Flannigan has shown his creativity day in and day out with his love of words and his cartooning skills, which came in handy when responding to constituent questions; and

      WHEREAS, Dennis Flannigan has been an avid record collector and music lover, as well as the producer of an annual Christmas CD that is coveted by all; and

      WHEREAS, During his legislative career he has focused on doing good for the people of Washington, and has made many friends both within and outside of the Legislature; and

      WHEREAS, He has encouraged an inclusive community and brought people together by never underestimating the power of laughter, as well as delicious Chinese food; and

      WHEREAS, Dennis Flannigan has undoubtedly touched thousands of lives through his work with the Legislature, Pierce County Council, Pierce County Alliance, Emergency Food Network, Pierce County Transit Board, and the Pierce County Safe Streets to name a few; and

      WHEREAS, Numerous leading organizations, including the Pierce County Rotaries, Municipal League, and Pierce County Dispute Resolution Center have bestowed well-deserved honors on Dennis Flannigan for his integrity, vision and public service; and

      WHEREAS, The Representatives, Senators, and staff of the Washington State Legislature will sorely miss Dennis Flannigan and his leadership;

      NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington celebrate and long remember the character, accomplishments, and distinguished career of Representative Dennis Flannigan, and wish him all the best; and

      BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Washington State Representative Dennis Flannigan.

 

Representative Darneille moved adoption of House Resolution No. 4698

 

      Representatives Darneille, Armstrong, Pettigrew, Orcutt, Wallace, Rodne and Ormsby spoke in favor of the adoption of the resolution.

 

HOUSE RESOLUTION NO. 4698 was adopted.

 

HOUSE RESOLUTION NO. 4697, by Representatives Ericks, Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Chopp, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, and Wood

 

      WHEREAS, Representative Al O'Brien has dedicated his life not to fame or fortune, but to public service; and

      WHEREAS, Al O'Brien was born in Seattle and served in the United States Marines as a Warrant Officer during the Vietnam War, where he was seriously wounded in combat; and

      WHEREAS, After recovering and returning home to Seattle, Al O'Brien put on a different uniform, keeping the streets of Seattle safe for 29 years before retiring as a Sergeant with the Seattle Police Department; and

      WHEREAS, Al has mentioned on this floor that he lost many friends who wore those same two uniforms; and

      WHEREAS, Al remained active in the Veterans of Foreign Wars post in Lynnwood and the American Legion Post in Mountlake Terrace; and

      WHEREAS, Al received his bachelor's degree from Seattle University in sociology, and later his master's in public administration, and he also taught at City University and Seattle University; and

      WHEREAS, Before coming to the House of Representatives in 1996, Al O'Brien served on the Mountlake Terrace City Council for five years and in the Marine Reserves for 12 years; and

      WHEREAS, Here in the House of Representatives, Al was chair of the Public Safety and Emergency Preparedness Committee and a strong voice for protecting children and other vulnerable people from predators; and

      WHEREAS, Al O'Brien has two sons, Christopher and Michael, and he has also been someone for hundreds of college students, staff, and fellow lawmakers to look up to; and

      WHEREAS, Al has always been involved in the community, serving as president of his local Kiwanis and a member of the board of directors for both the ARC of Snohomish County and the Bridge to Promise;

      NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives and the State of Washington celebrate and honor the distinguished legislative career and accomplishments of Representative Al O'Brien, and wish him the very best in his next endeavor, even though we will miss him deeply; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Washington State Representative Al O'Brien and his family.

 

Representative Ericks moved adoption of House Resolution No. 4697

 

      Representatives Ericks, Pearson, Hurst, Ross, Sells, Hope, Darneille, Kirby and Flannigan spoke in favor of the adoption of the resolution.

 

HOUSE RESOLUTION NO. 4697 was adopted.

 

MESSAGES FROM THE SENATE

 

March 10, 2010

Mr. Speaker:

 

The Senate concurred in the House amendment to the following bills and passed the bills as amended by the House:  

 

ENGROSSED SUBSTITUTE SENATE BILL 6538

SUBSTITUTE SENATE BILL 6548

SECOND SUBSTITUTE SENATE BILL 6575

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

March 10, 2010

Mr. Speaker:

 

The Senate has passed:

 

SUBSTITUTE SENATE BILL 6572

SECOND SUBSTITUTE SENATE BILL 6675

SUBSTITUTE SENATE BILL 6712

SENATE BILL 6855

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

March 10, 2010

Mr. Speaker:

 

The President has signed:

 

SECOND SUBSTITUTE HOUSE BILL 2016

SUBSTITUTE HOUSE BILL 2179

SUBSTITUTE HOUSE BILL 2402

SUBSTITUTE HOUSE BILL 2443

ENGROSSED SUBSTITUTE HOUSE BILL 2464

SUBSTITUTE HOUSE BILL 2466

SUBSTITUTE HOUSE BILL 2533

SUBSTITUTE HOUSE BILL 2534

ENGROSSED SUBSTITUTE HOUSE BILL 2538

SUBSTITUTE HOUSE BILL 2593

SECOND SUBSTITUTE HOUSE BILL 2603

HOUSE BILL 2625

SUBSTITUTE HOUSE BILL 2680

HOUSE BILL 2681

SUBSTITUTE HOUSE BILL 2717

HOUSE BILL 2748

ENGROSSED SUBSTITUTE HOUSE BILL 2752

SUBSTITUTE HOUSE BILL 2775

ENGROSSED SUBSTITUTE HOUSE BILL 2777

SUBSTITUTE HOUSE BILL 2801

ENGROSSED HOUSE BILL 2805

SUBSTITUTE HOUSE BILL 2841

SECOND SUBSTITUTE HOUSE BILL 2867

SUBSTITUTE HOUSE BILL 2939

ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2961

HOUSE BILL 2973

ENGROSSED SUBSTITUTE HOUSE BILL 2986

HOUSE BILL 3007

SUBSTITUTE HOUSE BILL 3016

ENGROSSED SECOND SUBSTITUTE HOUSE BILL 3026

ENGROSSED SUBSTITUTE HOUSE BILL 3040

SUBSTITUTE HOUSE BILL 3105

ENGROSSED SECOND SUBSTITUTE HOUSE BILL 3141

ENGROSSED SUBSTITUTE HOUSE JOINT RESOLUTION 4220

and the same are herewith transmitted.

Thomas Hoemann, Secretary

 

March 10, 2010

Mr. Speaker:

 

The Senate has passed SUBSTITUTE HOUSE BILL 2745 and the same is herewith transmitted.

 

Thomas Hoemann, Secretary

 

March 10, 2010

Mr. Speaker:

 

The Senate receded from its amendment to SUBSTITUTE HOUSE BILL NO. 2596, and passed the bill without said amendments.

 

and the same is herewith transmitted.

Thomas Hoemann, Secretary

 

MESSAGE FROM THE SENATE

March 10, 2010

Mr. Speaker:

 

The Senate refuses to concur in the House amendment to ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6504 and insists on its position and the same is herewith transmitted.

Brad Hendrickson, Deputy Secretary

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

 

HOUSE AMENDMENT TO SENATE BILL

 

There being no objection, the House receded from its amendment.  The rules were suspended and ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6504 was returned to second reading for the purpose of amendment.

 

There being no objection, the House reverted to the sixth order of business.

 

SECOND READING

 

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6504, by Senate Committee on Ways & Means (originally sponsored by Senator Hargrove)

 

      Reducing crime victims' compensation benefits and eligibility. Revised for 2nd Substitute: Modifying provisions of the crime victims' compensation program.

 

      The bill was read the second time.

 

Representative Ross moved the adoption of amendment (1602).

 

0) 

      Strike everything after the enacting clause and insert the following:

"Sec. 1.  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, provided that no more than fifty thousand dollars shall be paid per claim:

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

      (c) 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.

      (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)), except that:

      (a) 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)) five thousand seven hundred fifty dollars per claim; and

      (b) An application for benefits relating to payment for burial expenses, pursuant to this subsection, must be received within twelve months of the date upon which the death of the victim is officially recognized as a homicide.  If there is a delay in the recovery of remains or the release of remains for burial, application for benefits must be received within twelve months of the date of the release of the remains for burial.

      (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)), except 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, but shall not exceed seven thousand dollars per claim.

      (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)), except 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)), except 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))) (14) 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))) (15) 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))) (16) 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))) (17) 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))) (18) 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.

(19) A victim is not eligible for benefits under this act if such victim:

      (a) Has been convicted of a felony offense within five years preceding the criminal act for which they are applying where the felony offense is a violent offense under RCW 9.94A.030 or a crime against persons under RCW 9.94A.411, or is convicted of such a felony offense after applying; and

      (b) Has not completely satisfied all legal financial obligations owed prior to applying for benefits.

Sec. 2.  RCW 7.68.085 and 2009 c 479 s 9 are each amended to read as follows:

(1) This section has no force or effect from the effective date of this section until July 1, 2015.

      (2) The director of labor and industries shall institute a cap on medical benefits of one hundred fifty thousand dollars per injury or death.  Payment for medical services in excess of the cap shall be made available to any innocent victim under the same conditions as other medical services and if the medical services are:

      (((1))) (a) Necessary for a previously accepted condition;

      (((2))) (b) Necessary to protect the victim's life or prevent deterioration of the victim's previously accepted condition; and

      (((3))) (c) Not available from an alternative source.

      For the purposes of this section, an individual will not be required to use his or her assets other than funds recovered as a result of a civil action or criminal restitution, for medical expenses or pain and suffering, in order to qualify for an alternative source of payment.

      The director shall, in cooperation with the department of social and health services, establish by October 1, 1989, a process to aid crime victims in identifying and applying for appropriate alternative benefit programs, if any, administered by the department of social and health services.

NEW SECTION.  Sec. 3.  A new section is added to chapter 7.68 RCW to read as follows:

      The crime victims' compensation account is created in the custody of the state treasurer.  Expenditures from the account may be used only for the crime victims' compensation program under this chapter.  Only the director of the department or the director's designee may authorize expenditures from the account.  The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 4.  RCW 9A.82.110 and 2009 c 479 s 11 are each amended to read as follows:

      (1) In an action brought by the attorney general on behalf of the state under RCW 9A.82.100(1)(b)(i) in which the state prevails, any payments ordered in excess of the actual damages sustained shall be deposited in the ((state general fund)) crime victims' compensation account provided in section 3 of this act.

      (2)(a) The county legislative authority may establish an antiprofiteering revolving fund to be administered by the county prosecuting attorney under the conditions and for the purposes provided by this subsection.  Disbursements from the fund shall be on authorization of the county prosecuting attorney.  No appropriation is required for disbursements.

      (b) Any prosecution and investigation costs, including attorney's fees, recovered for the state by the county prosecuting attorney as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of criminal profiteering, whether by final judgment, settlement, or otherwise, shall be deposited, as directed by a court of competent jurisdiction, in the fund established by this subsection.  In an action brought by a prosecuting attorney on behalf of the county under RCW 9A.82.100(1)(b)(i) in which the county prevails, any payments ordered in excess of the actual damages sustained shall be deposited in the ((state general fund)) crime victims' compensation account provided in section 3 of this act.

      (c) The county legislative authority may prescribe a maximum level of moneys in the antiprofiteering revolving fund.  Moneys exceeding the prescribed maximum shall be transferred to the county current expense fund.

      (d) The moneys in the fund shall be used by the county prosecuting attorney for the investigation and prosecution of any offense, within the jurisdiction of the county prosecuting attorney, included in the definition of criminal profiteering, including civil enforcement.

      (e) If a county has not established an antiprofiteering revolving fund, any payments or forfeitures ordered to the county under this chapter shall be deposited to the county current expense fund.

Sec. 5.  RCW 72.09.111 and 2009 c 479 s 60 are each amended to read as follows:

      (1) The secretary shall deduct taxes and legal financial obligations from the gross wages, gratuities, or workers' compensation benefits payable directly to the inmate under chapter 51.32 RCW, of each inmate working in correctional industries work programs, or otherwise receiving such wages, gratuities, or benefits.  The secretary shall also deduct child support payments from the gratuities of each inmate working in class II through class IV correctional industries work programs.  The secretary shall develop a formula for the distribution of offender wages, gratuities, and benefits.  The formula shall not reduce the inmate account below the indigency level, as defined in RCW 72.09.015.

      (a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:

      (i) Five percent to the ((state general fund)) crime victims' compensation account provided in section 3 of this act;

      (ii) Ten percent to a department personal inmate savings account;

      (iii) Twenty percent to the department to contribute to the cost of incarceration; and

      (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.

      (b) The formula shall include the following minimum deductions from class II gross gratuities:

      (i) Five percent to the ((state general fund)) crime victims' compensation account provided in section 3 of this act;

      (ii) Ten percent to a department personal inmate savings account;

      (iii) Fifteen percent to the department to contribute to the cost of incarceration;

      (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court; and

      (v) Fifteen percent for any child support owed under a support order.

      (c) The formula shall include the following minimum deductions from any workers' compensation benefits paid pursuant to RCW 51.32.080:

      (i) Five percent to the ((state general fund)) crime victims' compensation account provided in section 3 of this act;

      (ii) Ten percent to a department personal inmate savings account;

      (iii) Twenty percent to the department to contribute to the cost of incarceration; and

      (iv) An amount equal to any legal financial obligations owed by the inmate established by an order of any Washington state superior court up to the total amount of the award.

      (d) The formula shall include the following minimum deductions from class III gratuities:

      (i) Five percent for the ((state general fund)) crime victims' compensation account provided in section 3 of this act; and

      (ii) Fifteen percent for any child support owed under a support order.

      (e) The formula shall include the following minimum deduction from class IV gross gratuities:

      (i) Five percent to the department to contribute to the cost of incarceration; and

      (ii) Fifteen percent for any child support owed under a support order.

      (2) Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under subsection (1)(a)(ii), (b)(ii), or (c)(ii).

      (3)(a) The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the following times:

      (i) The time of his or her release from confinement;

      (ii) Prior to his or her release from confinement in order to secure approved housing; or

      (iii) When the secretary determines that an emergency exists for the inmate.

      (b) If funds are made available pursuant to (a)(ii) or (iii) of this subsection, the funds shall be made available to the inmate in an amount determined by the secretary.

      (c) The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria.  This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

      (4)(a) Subject to availability of funds for the correctional industries program, the expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

      (i) Not later than June 30, 2005, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

      (ii) Not later than June 30, 2006, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

      (iii) Not later than June 30, 2007, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

      (iv) Not later than June 30, 2008, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

      (v) Not later than June 30, 2009, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

      (vi) Not later than June 30, 2010, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003.

      (b) Failure to comply with the schedule in this subsection does not create a private right of action.

      (5) In the event that the offender worker's wages, gratuity, or workers' compensation benefit is subject to garnishment for support enforcement, the ((state general fund)) crime victims' compensation account, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

      (6) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.

      (7) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities.  All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs.

      (8) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.

      (9) Nothing in this section shall limit the authority of the department of social and health services division of child support from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW.

Sec. 6.  RCW 72.09.480 and 2009 c 479 s 61 are each amended to read as follows:

      (1) Unless the context clearly requires otherwise, the definitions in this section apply to this section.

      (a) "Cost of incarceration" means the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.

      (b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and adjusted for the total potential earned early release time available to the inmate.

      (c) "Program" means any series of courses or classes necessary to achieve a proficiency standard, certificate, or postsecondary degree.

      (2) When an inmate, except as provided in subsections (4) and (8) of this section, receives any funds in addition to his or her wages or gratuities, except settlements or awards resulting from legal action, the additional funds shall be subject to the following deductions and the priorities established in chapter 72.11 RCW:

      (a) Five percent to the ((state general fund)) crime victims' compensation account provided in section 3 of this act;

      (b) Ten percent to a department personal inmate savings account;

      (c) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court;

      (d) Twenty percent for any child support owed under a support order; and

      (e) Twenty percent to the department to contribute to the cost of incarceration.

      (3) When an inmate, except as provided in subsection (8) of this section, receives any funds from a settlement or award resulting from a legal action, the additional funds shall be subject to the deductions in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11 RCW.

      (4) When an inmate who is subject to a child support order receives funds from an inheritance, the deduction required under subsection (2)(e) of this section shall only apply after the child support obligation has been paid in full.

      (5) The amount deducted from an inmate's funds under subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement, whichever is longer.

      (6)(a) The deductions required under subsection (2) of this section shall not apply to funds received by the department from an offender or from a third party on behalf of an offender for payment of education or vocational programs or postsecondary education degree programs as provided in RCW 72.09.460 and 72.09.465.

      (b) The deductions required under subsection (2) of this section shall not apply to funds received by the department from a third party, including but not limited to a nonprofit entity on behalf of the department's education, vocation, or postsecondary education degree programs.

      (7) The deductions required under subsection (2) of this section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside sources for the payment of postage expenses.  Money received under this subsection may only be used for the payment of postage expenses and may not be transferred to any other account or purpose.  Money that remains unused in the inmate's postage fund at the time of release shall be subject to the deductions outlined in subsection (2) of this section.

      (8) When an inmate sentenced to life imprisonment without possibility of release or sentenced to death under chapter 10.95 RCW receives funds, deductions are required under subsection (2) of this section, with the exception of a personal inmate savings account under subsection (2)(b) of this section.

      (9) The secretary of the department of corrections, or his or her designee, may exempt an inmate from a personal inmate savings account under subsection (2)(b) of this section if the inmate's earliest release date is beyond the inmate's life expectancy.

      (10) The interest earned on an inmate savings account created as a result of the plan in section 4, chapter 325, Laws of 1999 shall be exempt from the mandatory deductions under this section and RCW 72.09.111.

      (11) Nothing in this section shall limit the authority of the department of social and health services division of child support, the county clerk, or a restitution recipient from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 9.94A, 26.23, 74.20, or 74.20A RCW including, but not limited to, the collection of moneys received by the inmate from settlements or awards resulting from legal action.

NEW SECTION.  Sec. 7.  A new section is added to chapter 7.68 RCW to read as follows:

      (1) Within current funding levels, the department's crime victims' compensation program shall post on its public web site a report that shows the following items:

      (a) The total amount of current funding available in the crime victims' compensation fund;

      (b) The total amount of funding disbursed to victims in the previous thirty days; and

      (c) The total amount paid in overhead and administrative costs in the previous thirty days.

      (2) The information listed in subsection (1) of this section must be posted and maintained on the department's web site by July 1, 2010 and updated every thirty days thereafter.

NEW SECTION.  Sec. 8.  Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect April 1, 2010, for all claims of victims of criminal acts occurring after July 1, 1981.

NEW SECTION.  Sec. 9.  Sections 1 and 2 of this act expire July 1, 2015."

Correct the title.

 

      Representatives Ross and Darneille spoke in favor of the adoption of the amendment.

 

There being no objection, the House deferred further action on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6504 and the bill held its place on the second reading calendar.

 

RESOLUTION

 

HOUSE RESOLUTION NO. 4699, by Representative Linville

 

      WHEREAS, Washington State Representative Mark Ericks has served the people of the 1st Legislative District with great honor and distinction since 2005; and

      WHEREAS, Representative Ericks will not be seeking reelection to the Washington State Legislature this year; and

      WHEREAS, Representative Ericks' district encompasses areas in both King and Snohomish counties, including the communities of Bothell, Woodinville, Mountlake Terrace, Brier, Lynnwood, and Edmonds; and

      WHEREAS, Representative Ericks is a lifelong Washingtonian who was born in Seattle, graduated from Sultan High School, and now resides in Snohomish; and

      WHEREAS, Representative Ericks is also a graduate of the FBI National Academy, 171st Session, in Quantico, Virginia; and

      WHEREAS, Representative Ericks has over 30 years of service in law enforcement, including 18 years in the Bellevue Police Department and 12 years as Bothell's Chief of Police, retiring in 2002; and

      WHEREAS, Representative Ericks' distinguished career in law enforcement included work in Hostage & Crisis Negotiation, Juvenile Victims Unit, White Collar Crime Unit, Patrol Division, K-9 Supervisor, and undercover detective work, among others; and

      WHEREAS, As a member of the International Association of Chiefs of Police Civil Rights Committee, Representative Ericks worked to protect and promote civil and constitutional rights, which are the foundations of democracy in our nation; and

      WHEREAS, Representative Ericks has received numerous honors and awards for his work in law enforcement, including a Life Saving Meritorious Service Award, and a Community Service Award from the Black Law Enforcement Association of Washington; and

      WHEREAS, Representative Ericks has also dedicated many volunteer hours to youth athletics in his community, as a pitching instructor for Girls Fastpitch, a Northshore Little League Coach, and a Northshore Little League Board member, and even coached a Girls Fastpitch team all the way to the 1995 state championships; and

      WHEREAS, Representative Ericks has also served on the boards of the Make-A-Wish Foundation and the Greater Bothell Association, and is a proud member of the Bothell Chamber of Commerce; and

      WHEREAS, In the Legislature, Representative Ericks' vice-chairmanship of the House Ways and Means Committee has been dedicated and focused, with many long days, nights, and weekends spent in hearings and committee meetings; and

      WHEREAS, Representative Ericks has been the State House representative to the National Conference of State Legislatures Budget and Revenue Committee; and

      WHEREAS, On the House floor, Representative Ericks has often risen to speak up for families and small businesses in Washington state; and

      WHEREAS, In addition to his Legislative family, Representative Ericks has a loving and devoted family that includes his wife, Deborah Parker, his five daughters, his three sons-in-law, his granddaughter, and a grandson that is on the way; and

      WHEREAS, Representative Ericks has been honored with a United States Marshall nomination by United States Senator Patty Murray, and if appointed by President Barack Obama will continue his service to country and community with the same honor and distinction he has shown his entire career; and

      WHEREAS, The Washington State Legislature will not be the same without him;

      NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington celebrate and commemorate the grand and distinguished legislative, civic, and professional career of Washington State Representative Mark Ericks; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Washington State Representative Mark Ericks and the members of his family.

 

Representative Linville moved adoption of House Resolution No. 4699

 

      Representatives Linville, Simpson, Orcutt, O'Brien and Walsh spoke in favor of the adoption of the resolution.

 

HOUSE RESOLUTION NO. 4699 was adopted.

 

MESSAGE FROM THE SENATE

March 2, 2010

Mr. Speaker:

 

The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2547 with the following amendment:

0) 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 46.96.030 and 1989 c 415 s 3 are each amended to read as follows:

      Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with a new motor vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.96.070 and an administrative law judge has determined, if requested in writing by the new motor vehicle dealer within the applicable time period specified in RCW 46.96.070 (1), (2), or (3), after hearing, that there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted in good faith, as defined in this chapter, regarding the termination, cancellation, or nonrenewal.  Between the time of issuance of the notice required under RCW 46.96.070 and the effective termination, cancellation, or nonrenewal of the franchise under this chapter, the rights, duties, and obligations of the new motor vehicle dealer and the manufacturer under the franchise and this chapter are unaffected, including those under RCW 46.96.200.

Sec. 2.  RCW 46.96.070 and 1989 c 415 s 7 are each amended to read as follows:

      Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the new motor vehicle dealer.  For the purposes of this chapter, the discontinuance of the sale and distribution of a new motor vehicle line, or the constructive discontinuance by material reduction in selection offered, such that continuing to retail the line is no longer economically viable for a dealer is, at the option of the dealer, considered a termination, cancellation, or nonrenewal of a franchise.  The notice shall be by certified mail or personally delivered to the new motor vehicle dealer and shall state the intention to terminate, cancel, or not renew the franchise, the reasons for the termination, cancellation, or nonrenewal, and the effective date of the termination, cancellation, or nonrenewal.  The notice shall be given:

      (1) Not less than ninety days before the effective date of the termination, cancellation, or nonrenewal;

      (2) Not less than fifteen days before the effective date of the termination, cancellation, or nonrenewal with respect to any of the following that constitute good cause for termination, cancellation, or nonrenewal:

      (a) Insolvency of the new motor vehicle dealer or the filing of any petition by or against the new motor vehicle dealer under bankruptcy or receivership law;

      (b) Failure of the new motor vehicle dealer to conduct sales and service operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the new motor vehicle dealer;

      (c) Conviction of the new motor vehicle dealer, or principal operator of the dealership, of a felony punishable by imprisonment; or

      (d) Suspension or revocation of a license that the new motor vehicle dealer is required to have to operate the new motor vehicle dealership where the suspension or revocation is for a period in excess of thirty days;

      (3) Not less than one hundred eighty days before the effective date of termination, cancellation, or nonrenewal, where the manufacturer intends to discontinue sale and distribution of the new motor vehicle line.

Sec. 3.  RCW 46.96.090 and 1989 c 415 s 9 are each amended to read as follows:

      (1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for termination, cancellation, or nonrenewal under RCW 46.96.070(2) or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the dealer costs for any relocation, substantial alteration, or remodeling of a dealer's facilities required by a manufacturer for the continuance or renewal of a franchise agreement completed within three years of the termination, cancellation, or nonrenewal and:

      (a) A sum equivalent to rent for the unexpired term of the lease or one year, whichever is less, or such longer term as provided in the franchise, if the new motor vehicle dealer is leasing the new motor vehicle dealership facilities from a lessor other than the manufacturer; or

      (b) A sum equivalent to the reasonable rental value of the new motor vehicle dealership facilities for one year or until the facilities are leased or sold, whichever is less, if the new motor vehicle dealer owns the new motor vehicle dealership facilities.

      (2) The rental payment required under subsection (1) of this section is only required to the extent that the facilities were used for activities under the franchise and only to the extent the facilities were not leased for unrelated purposes.  If the rental payment under subsection (1) of this section is made, the manufacturer is entitled to possession and use of the new motor vehicle dealership facilities for the period rent is paid.

Sec. 4.  RCW 46.96.105 and 2003 c 21 s 2 are each amended to read as follows:

      (1) Each manufacturer shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state, the dealer's obligation to perform warranty work or service on the manufacturer's products.  Each manufacturer shall provide each of its dealers with a schedule of compensation to be paid to the dealer for any warranty work or service, including parts, labor, and diagnostic work, required of the dealer by the manufacturer in connection with the manufacturer's products.  The schedule of compensation must not be less than the rates charged by the dealer for similar service to retail customers for nonwarranty service and repairs, and must not be less than the schedule of compensation for an existing dealer as of the effective date of this section.

      (a) The rates charged by the dealer for nonwarranty service or work for parts means the price paid by the dealer for those parts, including all shipping and other charges, increased by the franchisee's average percentage markup.  A dealer must establish and declare the dealer's average percentage markup by submitting to the manufacturer one hundred sequential customer-paid service repair orders or ninety days of customer-paid service repair orders, whichever is less, covering repairs made no more than one hundred eighty days before the submission.  A change in a dealer's established average percentage markup takes effect thirty days following the submission.  A manufacturer may not require a dealer to establish average percentage markup by another methodology.  A manufacturer may not require information that the dealer believes is unduly burdensome or time consuming to provide, including, but not limited to, part-by-part or transaction-by-transaction calculations.

      (b) A manufacturer shall compensate a dealer for labor and diagnostic work at the rates charged by the dealer to its retail customers for such work.  If a manufacturer can demonstrate that the rates unreasonably exceed those of all other franchised motor vehicle dealers in the same relevant market area offering the same or a competitive motor vehicle line, the manufacturer is not required to honor the rate increase proposed by the dealer.  If the manufacturer is not required to honor the rate increase proposed by the dealer, the dealer is entitled to resubmit a new proposed rate for labor and diagnostic work.

      (c) A dealer may not be granted an increase in the average percentage markup or labor and diagnostic work rate more than twice in one calendar year.

      (2) All claims for warranty work for parts and labor made by dealers under this section shall be submitted to the manufacturer within one year of the date the work was performed.  All claims submitted must be paid by the manufacturer within thirty days following receipt, provided the claim has been approved by the manufacturer.  The manufacturer has the right to audit claims for warranty work and to charge the dealer for any unsubstantiated, incorrect, or false claims for a period of one year following payment.  However, the manufacturer may audit and charge the dealer for any fraudulent claims during any period for which an action for fraud may be commenced under applicable state law.

      (3) All claims submitted by dealers on the forms and in the manner specified by the manufacturer shall be either approved or disapproved within thirty days following their receipt.  The manufacturer shall notify the dealer in writing of any disapproved claim, and shall set forth the reasons why the claim was not approved.  Any claim not specifically disapproved in writing within thirty days following receipt is approved, and the manufacturer is required to pay that claim within thirty days of receipt of the claim.

(4) A manufacturer may not otherwise recover all or any portion of its costs for compensating its dealers licensed in this state for warranty parts and service either by reduction in the amount due to the dealer or by separate charge, surcharge, or other imposition.

Sec. 5.  RCW 46.96.110 and 1989 c 415 s 11 are each amended to read as follows:

      (1) Notwithstanding the terms of a franchise, (a) an owner may appoint a designated successor to succeed to the ownership of the new motor vehicle dealer franchise upon the owner's death or incapacity, or (b) if an owner who has owned the franchise for not less than five consecutive years, the owner may appoint a designated successor to be effective on a date of the owner's choosing that is prior to the owner's death or disability.

      (2) Notwithstanding the terms of a franchise, a designated successor ((of a deceased or incapacitated owner of a new motor vehicle dealer franchise)) described under subsection (1) of this section may succeed to the ownership interest of the owner under the existing franchise, if:

      (a) In the case of a designated successor who meets the definition of a designated successor under RCW 46.96.020(5)(a), but who is not experienced in the business of a new motor vehicle dealer, the person will employ an individual who is qualified and experienced in the business of a new motor vehicle dealer to help manage the day-to-day operations of the motor vehicle dealership; or in the case of a designated successor who meets the definition of a designated successor under RCW 46.96.020(5) (b) or (c), the person is qualified and experienced in the business of a new motor vehicle dealer and meets the normal, reasonable, and uniformly applied standards for grant of an application as a new motor vehicle dealer by the manufacturer; and

      (b) The designated successor furnishes written notice to the manufacturer of his or her intention to succeed to the ownership of the new motor vehicle dealership within sixty days after the owner's death or incapacity, or if the appointment is under subsection (1)(b) of this section, at least thirty days before the designated successor's proposed succession; and

      (c) The designated successor agrees to be bound by all terms and conditions of the franchise.

      (3) The manufacturer may request, and the designated successor shall promptly provide, such personal and financial information as is reasonably necessary to determine whether the succession should be honored.

      (4) A manufacturer may refuse to honor the succession to the ownership of a new motor vehicle dealer franchise by a designated successor if the manufacturer establishes that good cause exists for its refusal to honor the succession.  If the designated successor ((of a deceased or incapacitated owner)) of a new motor vehicle dealer franchise fails to meet the requirements set forth in subsections (2)(a), (b), and (c) of this section, good cause for refusing to honor the succession is presumed to exist.  If a manufacturer believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealer franchise by a designated successor, the manufacturer shall serve written notice on the designated successor and on the department of its refusal to honor the succession no earlier than sixty days from the date the notice is served.  The notice must be served not later than sixty days after the manufacturer's receipt of:

      (a) Notice of the designated successor's intent to succeed to the ownership interest of the new motor vehicle dealer's franchise; or

      (b) Any personal or financial information requested by the manufacturer.

      (5) The notice in subsection (4) of this section shall state the specific grounds for the refusal to honor the succession.  If the notice of refusal is not timely and properly served, the designated successor may continue the franchise in full force and effect, subject to termination only as otherwise provided under this chapter.

      (6) Within twenty days after receipt of the notice or within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession.  The petition shall contain a short statement setting forth the reasons for the designated successor's protest.  Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing.  The manufacturer shall not terminate or otherwise discontinue the existing franchise until the administrative law judge has held a hearing and has determined that there is good cause for refusing to honor the succession.  If an appeal is taken, the manufacturer shall not terminate or discontinue the franchise until the appeal to superior court is finally determined or until the expiration of one hundred eighty days from the date of issuance of the administrative law judge's written decision, whichever is less.  Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.

      (7) The manufacturer has the burden of proof to show that good cause exists for the refusal to honor the succession.

      (8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a protest is filed.

      (9) The administrative law judge shall conduct any hearing concerning the refusal to the succession as provided in RCW 46.96.050(2) and all hearing costs shall be borne as provided in that subsection.  A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.96.050(3).

      (10) This section does not preclude the owner of a new motor vehicle dealer franchise from designating any person as his or her successor by a written, notarized, and witnessed instrument filed with the manufacturer.  In the event of a conflict between such a written instrument that has not been revoked by written notice from the owner to the manufacturer and this section, the written instrument governs.

Sec. 6.  RCW 46.96.185 and 2003 c 21 s 3 are each amended to read as follows:

      (1) Notwithstanding the terms of a franchise agreement, a manufacturer, distributor, factory branch, or factory representative, or an agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common control with a manufacturer, distributor, factory branch, or factory representative, shall not:

      (a) Discriminate between new motor vehicle dealers by selling or offering to sell a like vehicle to one dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped;

      (b) Discriminate between new motor vehicle dealers by selling or offering to sell parts or accessories to one dealer at a lower actual price than the actual price offered to another dealer;

      (c) Discriminate between new motor vehicle dealers by using a promotion plan, marketing plan, or other similar device that results in a lower actual price on vehicles, parts, or accessories being charged to one dealer over another dealer;

      (d) Discriminate between new motor vehicle dealers by adopting a method, or changing an existing method, for the allocation, scheduling, or delivery of new motor vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable.  Upon the request of a dealer, a manufacturer, distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new motor vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or make of vehicles;

      (e) Discriminate against a new motor vehicle dealer by preventing, offsetting, or otherwise impairing the dealer's right to request a documentary service fee on affinity or similar program purchases.  This prohibition applies to, but is not limited to, any promotion plan, marketing plan, manufacturer or dealer employee or employee friends or family purchase programs, or similar plans or programs;

      (f) Give preferential treatment to some new motor vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of motor vehicles sold or distributed by the manufacturer, distributor, factory branch, or factory representative, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or unreasonably require a dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of vehicles;

      (((f))) (g) Compete with a new motor vehicle dealer of any make or line by acting in the capacity of a new motor vehicle dealer, or by owning, operating, or controlling, whether directly or indirectly, a motor vehicle dealership in this state.  It is not, however, a violation of this subsection for:

      (i) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership for a temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the dealership was previously owned by a franchised dealer and is currently for sale to any qualified independent person at a fair and reasonable price.  The temporary operation may be extended for one twelve-month period on petition of the temporary operator to the department.  The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW.  A dealer who is a franchisee of the petitioning manufacturer or distributor may intervene and participate in a proceeding under this subsection (1)(((f))) (g)(i).  The temporary operator has the burden of proof to show justification for the extension and a good faith effort to sell the dealership to an independent person at a fair and reasonable price;

      (ii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, and where the independent person:  (A) Has made, or within a period of two years from the date of commencement of operation will have made, a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions.  The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions.  Nothing in this subsection (1)(((f))) (g)(ii) relieves a manufacturer, distributor, factory branch, or factory representative from complying with ((RCW 46.96.185(1))) (a) through (((e))) (f) of this subsection;

      (iii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person:  (A) Has made, or within a period of two years from the date of commencement of operation will have made, a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions.  The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions.  The number of dealerships operated under this subsection (1)(((f))) (g)(iii) may not exceed four percent rounded up to the nearest whole number of a manufacturer's total of new motor vehicle dealer franchises in this state.  Nothing in this subsection (1)(((f))) (g)(iii) relieves a manufacturer, distributor, factory branch, or factory representative from complying with ((RCW 46.96.185(1))) (a) through (((e))) (f) of this subsection;

      (iv) A truck manufacturer to own, operate, or control a new motor vehicle dealership that sells only trucks of that manufacturer's line make with a gross vehicle weight rating of 12,500 pounds or more, and the truck manufacturer has been continuously engaged in the retail sale of the trucks at least since January 1, 1993; or

      (v) A manufacturer to own, operate, or control a new motor vehicle dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer does not own, directly or indirectly, in the aggregate, in excess of forty-five percent of the total ownership interest in the dealership, (B) at the time the manufacturer first acquires ownership or assumes operation or control of any such dealership, the distance between any dealership thus owned, operated, or controlled and the nearest new motor vehicle dealership trading in the same line make of vehicle and in which the manufacturer has no ownership or control is not less than fifteen miles and complies with the applicable provisions in the relevant market area sections of this chapter, (C) all of the manufacturer's franchise agreements confer rights on the dealer of that line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and the manufacturer agree are appropriate, and (D) as of January 1, 2000, the manufacturer had no more than four new motor vehicle dealers of that manufacturer's line make in this state, and at least half of those dealers owned and operated two or more dealership facilities in the geographic territory or area covered by their franchise agreements with the manufacturer;

      (((g))) (h) Compete with a new motor vehicle dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of motor vehicles under the manufacturer's new car warranty and extended warranty.  Nothing in this subsection (1)(((g))) (h), however, prohibits a manufacturer, distributor, factory branch, or factory representative from owning or operating a service facility for the purpose of providing or performing maintenance, repair, or service work on motor vehicles that are owned by the manufacturer, distributor, factory branch, or factory representative;

      (((h))) (i) Use confidential or proprietary information obtained from a new motor vehicle dealer to unfairly compete with the dealer.  For purposes of this subsection (1)(((h))) (i), "confidential or proprietary information" means trade secrets as defined in RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues, or other financial information;

      (((i))) (j)(i) Terminate, cancel, or fail to renew a franchise with a new motor vehicle dealer based upon any of the following events, which do not constitute good cause for termination, cancellation, or nonrenewal under RCW 46.96.060:  (A) The fact that the new motor vehicle dealer owns, has an investment in, participates in the management of, or holds a franchise agreement for the sale or service of another make or line of new motor vehicles((, or)); (B) the fact that the new motor vehicle dealer has established another make or line of new motor vehicles or service in the same dealership facilities as those of the manufacturer or distributor ((with the prior written approval of the manufacturer or distributor, if the approval was required under the terms of the new motor vehicle dealer's franchise agreement)); (C) that the new motor vehicle dealer has or intends to relocate the manufacturer or distributor's make or line of new motor vehicles or service to an existing dealership facility that is within the relevant market area, as defined in RCW 46.96.140, of the make or line to be relocated, except that, in any nonemergency circumstance, the dealer must give the manufacturer or distributor at least sixty days' notice of his or her intent to relocate; or (D) the failure of a franchisee to change the location of the dealership or to make substantial alterations to the use or number of franchises on the dealership premises or facilities.

      (ii) Notwithstanding the limitations of this section, a manufacturer may, for separate consideration, enter into a written contract with a dealer to exclusively sell and service a single make or line of new motor vehicles at a specific facility for a defined period of time.  The penalty for breach of the contract must not exceed the amount of consideration paid by the manufacturer plus a reasonable rate of interest; ((or

      (j))) (k) Coerce or attempt to coerce a motor vehicle dealer to refrain from, or prohibit or attempt to prohibit a new motor vehicle dealer from acquiring, owning, having an investment in, participating in the management of, or holding a franchise agreement for the sale or service of another make or line of new motor vehicles or related products, or establishing another make or line of new motor vehicles or service in the same dealership facilities, if the prohibition against acquiring, owning, investing, managing, or holding a franchise for such additional make or line of vehicles or products, or establishing another make or line of new motor vehicles or service in the same dealership facilities, is not supported by reasonable business considerations.  The burden of proving that reasonable business considerations support or justify the prohibition against the additional make or line of new motor vehicles or products or nonexclusive facilities is on the manufacturer;

      (l) Require, by contract or otherwise, a new motor vehicle dealer to make a material alteration, expansion, or addition to any dealership facility, unless the required alteration, expansion, or addition is uniformly required of other similarly situated new motor vehicle dealers of the same make or line of vehicles and is reasonable in light of all existing circumstances, including economic conditions.  In any proceeding in which a required facility alteration, expansion, or addition is an issue, the manufacturer or distributor has the burden of proof;

      (m) Prevent or attempt to prevent by contract or otherwise any new motor vehicle dealer from changing the executive management of a new motor vehicle dealer unless the manufacturer or distributor, having the burden of proof, can show that a proposed change of executive management will result in executive management by a person or persons who are not of good moral character or who do not meet reasonable, preexisting, and equitably applied standards of the manufacturer or distributor.  If a manufacturer or distributor rejects a proposed change in the executive management, the manufacturer or distributor shall give written notice of its reasons to the dealer within sixty days after receiving written notice from the dealer of the proposed change and all related information reasonably requested by the manufacturer or distributor, or the change in executive management must be considered approved; or

      (n) Condition the sale, transfer, relocation, or renewal of a franchise agreement or condition manufacturer, distributor, factory branch, or factory representative sales, services, or parts incentives upon the manufacturer obtaining site control, including rights to purchase or lease the dealer's facility, or an agreement to make improvements or substantial renovations to a facility.  For purposes of this section, a substantial renovation has a gross cost to the dealer in excess of five thousand dollars.

      (2) Subsection (1)(a), (b), and (c) of this section do not apply to sales to a motor vehicle dealer:  (a) For resale to a federal, state, or local government agency; (b) where the vehicles will be sold or donated for use in a program of driver's education; (c) where the sale is made under a manufacturer's bona fide promotional program offering sales incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer's bona fide quantity discount program; or (e) where the sale is made under a manufacturer's bona fide fleet vehicle discount program.  For purposes of this subsection, "fleet" means a group of fifteen or more new motor vehicles purchased or leased by a dealer at one time under a single purchase or lease agreement for use as part of a fleet, and where the dealer has been assigned a fleet identifier code by the department of licensing.

      (3) The following definitions apply to this section:

      (a) "Actual price" means the price to be paid by the dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to the dealer or the ultimate purchaser of the vehicle.

      (b) "Control" or "controlling" means (i) the possession of, title to, or control of ten percent or more of the voting equity interest in a person, whether directly or indirectly through a fiduciary, agent, or other intermediary, or (ii) the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, through director control, by contract, or otherwise, except as expressly provided under the franchise agreement.

      (c) "Motor vehicles" does not include trucks that are 14,001 pounds gross vehicle weight and above or recreational vehicles as defined in RCW 43.22.335.

      (d) "Operate" means to manage a dealership, whether directly or indirectly.

      (e) "Own" or "ownership" means to hold the beneficial ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise.  To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether directly or indirectly through a fiduciary, agent, or other intermediary.

      (4) A violation of this section is deemed to affect the public interest and constitutes an unlawful and unfair practice under chapter 19.86 RCW.  A person aggrieved by an alleged violation of this section may petition the department to have the matter handled as an adjudicative proceeding under chapter 34.05 RCW.

Sec. 7.  RCW 46.96.200 and 1994 c 274 s 7 are each amended to read as follows:

      (1) Notwithstanding the terms of a franchise, a manufacturer shall not ((unreasonably)) withhold consent to the sale, transfer, or exchange of a franchise to a qualified buyer who meets the normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a new dealer who does not already hold a franchise with the manufacturer or is capable of being licensed as a new motor vehicle dealer in the state of Washington.  A decision or determination made by the administrative law judge as to whether a qualified buyer is capable of being licensed as a new motor vehicle dealer in the state of Washington is not conclusive or determinative of any ultimate determination made by the department of licensing as to the buyer's qualification for a motor vehicle dealer license.  A manufacturer's failure to respond in writing to a request for consent under this subsection within sixty days after receipt of a written request on the forms, if any, generally used by the manufacturer containing the information and reasonable promises required by a manufacturer is deemed to be consent to the request.  A manufacturer may request, and, if so requested, the applicant for a franchise (a) shall promptly provide such personal and financial information as is reasonably necessary to determine whether the sale, transfer, or exchange should be approved, and (b) shall agree to be bound by all reasonable terms and conditions of the franchise.

      (2) If a manufacturer refuses to approve the sale, transfer, or exchange of a franchise, the manufacturer shall serve written notice on the applicant, the transferring, selling, or exchanging new motor vehicle dealer, and the department of its refusal to approve the transfer of the franchise no later than sixty days after the date the manufacturer receives the written request from the new motor vehicle dealer.  If the manufacturer has requested personal or financial information from the applicant under subsection (1) of this section, the notice shall be served not later than sixty days after the receipt of all of such documents.  Service of all notices under this section shall be made by personal service or by certified mail, return receipt requested.

      (3) The notice in subsection (2) of this section shall state the specific grounds for the refusal to approve the sale, transfer, or exchange of the franchise.

      (4) Within twenty days after receipt of the notice of refusal to approve the sale, transfer, or exchange of the franchise by the transferring new motor vehicle dealer, the new motor vehicle dealer may file a petition with the department to protest the refusal to approve the sale, transfer, or exchange.  The petition shall contain a short statement setting forth the reasons for the dealer's protest.  Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed, and the department shall arrange for a hearing with an administrative law judge as the presiding officer to determine if the manufacturer unreasonably withheld consent to the sale, transfer, or exchange of the franchise.

      (5) ((In determining whether the manufacturer unreasonably withheld its approval to the sale, transfer, or exchange, the manufacturer has the burden of proof that it acted reasonably.  A manufacturer's refusal to accept or approve a proposed buyer who otherwise meets the normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a new dealer, or who otherwise is capable of being licensed as a new motor vehicle dealer in the state of Washington, is presumed to be unreasonable.

      (6))) The administrative law judge shall conduct a hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred twenty days after a protest is filed.  Only the selling, transferring, or exchanging new motor vehicle dealer and the manufacturer may be parties to the hearing.

      (((7))) (6) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs shall be borne as provided in that subsection.  Only the manufacturer and the selling, transferring, or exchanging new motor vehicle dealer may appeal the final order of the administrative law judge as provided in RCW 46.96.050(3).

      (((8))) (7) This section and RCW 46.96.030 through 46.96.110 apply to all franchises and contracts existing on July 23, 1989, between manufacturers and new motor vehicle dealers as well as to all future franchises and contracts between manufacturers and new motor vehicle dealers.

      (((9))) (8) RCW 46.96.140 through 46.96.190 apply to all franchises and contracts existing on October 1, 1994, between manufacturers and new motor vehicle dealers as well as to all future franchises and contracts between manufacturers and new motor vehicle dealers.

NEW SECTION.  Sec. 8.  A new section is added to chapter 46.96 RCW to read as follows:

      (1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for a termination, cancellation, or nonrenewal under RCW 46.96.070(2), or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the fair market value of the motor vehicle dealer's goodwill for the make or line as of the date immediately preceding any communication to the public or dealer regarding termination.  To the extent the franchise agreement provides for the payment or reimbursement to the new motor vehicle dealer in excess of the value specified in this section, the provisions of the franchise agreement control.

      (2) The manufacturer shall pay the new motor vehicle dealer the value specified in subsection (1) of this section within ninety days after the date of termination.

NEW SECTION.  Sec. 9.  A new section is added to chapter 46.96 RCW to read as follows:

      A manufacturer shall, upon demand, indemnify and hold harmless any existing or former franchisee and the franchisee's successors and assigns from any and all damages sustained and attorneys' fees and other expenses reasonably incurred by the franchisee that result from or relate to any claim made or asserted by a third party against the franchisee to the extent the claim results from any of the following:

      (1) The condition, characteristics, manufacture, assembly, or design of any vehicle, parts, accessories, tools, or equipment, or the selection or combination of parts or components manufactured or distributed by the manufacturer or distributor;

      (2) Service systems, procedures, or methods that the franchisor required or recommended the franchisee to use;

      (3) Improper use by the manufacturer, its assignees, contractors, representatives, or licensees of nonpublic personal information obtained from a franchisee concerning any consumer, customer, or employee of the franchisee; or

      (4) Any act or omission of the manufacturer or distributor for which the franchisee would have a claim for contribution or indemnity under applicable law or under the franchise, irrespective of any prior termination or expiration of the franchise.

NEW SECTION.  Sec. 10.  A new section is added to chapter 46.96 RCW to read as follows:

      A manufacturer may not take or threaten to take any adverse action against a new motor vehicle dealer, including charge backs, reducing vehicle allocations, or terminating or threatening to terminate a franchise, because the dealer sold or leased a vehicle to a customer who exported the vehicle to a foreign country or who resold the vehicle, unless the manufacturer or distributor definitively proves that the dealer knew or reasonably should have known that the customer intended to export or resell the vehicle.  A manufacturer or distributor shall, upon demand, indemnify, hold harmless, and defend any existing or former franchisee or franchisee's successors or assigns from any and all claims asserted, or damages sustained and attorneys' fees and other expenses reasonably incurred by the franchisee that result from or relate to any claim made or asserted, by a third party against the franchisee for any policy, program, or other behavior suggested by the manufacturer for sales of vehicles to parties that intend to export a vehicle purchased from the franchisee.

NEW SECTION.  Sec. 11.  A new section is added to chapter 46.96 RCW to read as follows:

      A new motor vehicle dealer who is injured in his or her business or property by a violation of this chapter may bring a civil action in the superior court to recover the actual damages sustained by the dealer, together with the costs of the suit, including reasonable attorneys' fees if the new motor vehicle dealer prevails.  The new motor vehicle dealer may bring a civil action in district court to recover his or her actual damages, except for damages that exceed the amount specified in RCW 3.66.020, and the costs of the suit, including reasonable attorneys' fees.

NEW SECTION.  Sec. 12.  A new section is added to chapter 46.96 RCW to read as follows:

      A manufacturer or distributor shall not enter into an agreement or understanding with a new motor vehicle dealer that requires the dealer to waive any provisions of this chapter.  However, a dealer may, by written contract and for valuable and reasonable separate consideration, waive, limit, or disclaim a manufacturer's obligations or a dealer's rights under RCW 46.96.080, 46.96.090, 46.96.105, 46.96.140, and 46.96.150, if the contract sets forth the specific provisions of this chapter that are waived, limited, or disclaimed.  A manufacturer shall not coerce, threaten, intimidate, or require a new motor vehicle dealer, as a condition to granting or renewing a franchise, to enter into such an agreement or understanding.

NEW SECTION.  Sec. 13.  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."

On page 1, line 2 of the title, after "manufacturers;" strike the remainder of the title and insert "amending RCW 46.96.030, 46.96.070, 46.96.090, 46.96.105, 46.96.110, 46.96.185, and 46.96.200; and adding new sections to chapter 46.96 RCW."

 

and the same is herewith transmitted.

Brad Hendrickson, Deputy, Secretary

 

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

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2547 and advanced the bill as amended by the Senate to final passage.

 

COLLOQUY

 

Representative Chandler:  “Does Section 6(n) of the bill prohibit or limit the ability of an automobile manufacturer and its dealer to enter into voluntary agreements for site control?”

 

Representative Conway:  “No.  Manufacturers and dealers may enter into site control agreements and those agreements may contain contract terms for financial penalties or reimbursement requirements for a breach of the agreement or sales, services, or parts incentives on a dealer agreeing to site control.  It does not affect the ability of the parties to negotiate other terms concerning a breach of contract in site control agreements.”

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Conway and Chandler spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2547, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2547, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

      Excused: Representative Condotta.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2547, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

There being no objection, the House reverted to the sixth order of business.

 

SECOND READING

 

      HOUSE BILL NO. 3201, by Representatives Pettigrew, Linville, Sullivan and Ericks

 

      Fees for infant screening.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 3201 was substituted for House Bill No. 3201 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 3201 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Pettigrew spoke in favor of the passage of the bill.

 

      Representative Alexander spoke against the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3201.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 3201, and the bill passed the House by the following vote: Yeas, 57; Nays, 40; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Blake, Carlyle, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Williams, Wood and Mr. Speaker.

      Voting nay: Representatives Alexander, Anderson, Angel, Armstrong, Bailey, Campbell, Chandler, Crouse, Dammeier, DeBolt, Ericksen, Fagan, Haler, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, McCune, Miloscia, Nealey, Orcutt, Parker, Pearson, Priest, Probst, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and Warnick.

      Excused: Representative Condotta.

 

SUBSTITUTE HOUSE BILL NO. 3201, having received the necessary constitutional majority, was declared passed.

 

      SENATE BILL NO. 6833, by Senator Tom

 

      Addressing the management of funds and accounts by the state treasurer.

 

      The bill was read the second time.

 

There being no objection, the committee amendment by the Committee on Ways & Means was adopted. (For Committee amendment, see Journal, Day 58, March 9, 2010).

 

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

 

      Representatives Linville and Linville (again) spoke in favor of the passage of the bill.

 

      Representatives Alexander, Anderson and Anderson (again) spoke against the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Senate Bill No. 6833, as amended by the House.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Senate Bill No. 6833, as amended by the House, and the bill passed the House by the following vote: Yeas, 55; Nays, 42; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Blake, Carlyle, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, White, Williams, Wood and Mr. Speaker.

Voting nay: Representatives Alexander, Anderson, Angel, Armstrong, Bailey, Campbell, Chandler, Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Hasegawa, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Priest, Probst, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Wallace, Walsh and Warnick.

Excused: Representative Condotta.

 

SENATE BILL NO. 6833, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

RECONSIDERATION

 

There being no objection, the House immediately reconsidered the vote by which SUBSTITUTE HOUSE BILL NO. 3201 passed the House.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3201, on reconsideration.

 

ROLL CALL

 

The Clerk called the roll on final passage of Substitute House Bill No. 3201, on reconsideration, and the bill passed the House by the following vote:  Yeas, 55; Nays, 42; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Blake, Carlyle, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Williams, Wood and Mr. Speaker.

Voting nay: Representatives Alexander, Anderson, Angel, Armstrong, Bailey, Campbell, Chandler, Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Finn, Haler, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, McCune, Miloscia, Nealey, Orcutt, Parker, Pearson, Priest, Probst, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and Warnick.

Excused: Representative Condotta.

 

SUBSTITUTE HOUSE BILL NO. 3201, on reconsideration, having received the necessary constitutional majority, was declared passed.

 

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

 

SUPPLEMENTAL REPORTS OF STANDING COMMITTEES

 

March 10, 20100)

HB 2493             Prime Sponsor, Representative Cody: Concerning the taxation of cigarettes and other tobacco products.  Reported by Committee on Finance

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Hunter, Chair; Hasegawa, Vice Chair; Conway; Ericks; Santos and Springer.

 

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

 

Passed to Committee on Rules for second reading.

 

March 10, 20100)

E2SSB 6409       Prime Sponsor, Committee on Ways & Means: Creating the Washington opportunity pathways account.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that institutions of higher education are key to the future employment opportunities of Washington citizens and to the economic well-being of the state.  The legislature further finds that current student financial aid programs are underfunded and subject to the unpredictability of the state budget.  It is the intent of the legislature to direct increases in lottery account moneys toward stabilizing and increasing existing resources for opportunity grants, GET ready for math and science scholarships, passport to college scholarships, college bound scholarships, the state work study program, the state need grant, Washington scholars awards, and the Washington award for vocational excellence.

NEW SECTION.  Sec. 2.  A new section is added to chapter 28B.76 RCW to read as follows:

      The Washington opportunity pathways account is created in the state treasury.  Expenditures from the account may be used only for programs in chapter 28B.12 RCW (state work-study), chapter 28B.50 RCW (opportunity grant), RCW 28B.76.660 (Washington scholars award), RCW 28B.76.670 (Washington award for vocational excellence), chapter 28B.92 RCW (state need grant program), chapter 28B.105 RCW (GET ready for math and science scholarship), chapter 28B.117 RCW (passport to college promise), and chapter 28B.118 RCW (college bound scholarship).

Sec. 3.  RCW 67.70.340 and 2009 c 576 s 2 and 2009 c 479 s 45 are each reenacted and amended to read as follows:

      (1) The legislature recognizes that creating a shared game lottery could result in less revenue being raised by the existing state lottery ticket sales.  The legislature further recognizes that the fund most impacted by this potential event is the education construction account.  Therefore, it is the intent of the legislature to use some of the proceeds from the shared game lottery to make up the difference that the potential state lottery revenue loss would have on the education construction account.  The legislature further intends to use some of the proceeds from the shared game lottery to fund programs and services related to problem and pathological gambling.

      (2) The education construction account is expected to receive one hundred two million dollars annually from state lottery games other than the shared game lottery.  For fiscal year 2003 and thereafter, if the amount of lottery revenues earmarked for the education construction account is less than one hundred two million dollars, the commission, after making the transfer required under subsection (3) of this section, must transfer sufficient moneys from revenues derived from the shared game lottery into the education construction account to bring the total revenue up to one hundred two million dollars. 

      (3)(a) The commission shall transfer, from revenue derived from the shared game lottery, to the problem gambling account created in RCW 43.20A.892, an amount equal to the percentage specified in (b) of this subsection of net receipts.  For purposes of this subsection, "net receipts" means the difference between (i) revenue received from the sale of lottery tickets or shares and revenue received from the sale of shared game lottery tickets or shares; and (ii) the sum of payments made to winners.

      (b) In fiscal year 2006, the percentage to be transferred to the problem gambling account is one-tenth of one percent.  In fiscal year 2007 and subsequent fiscal years, the percentage to be transferred to the problem gambling account is thirteen one-hundredths of one percent.

      (4) The commission shall transfer the remaining net revenues, if any, derived from the shared game lottery "Powerball" authorized in RCW 67.70.044(1) after the transfers pursuant to this section into the state general fund for the student achievement program under RCW 28A.505.220.

      (5) The remaining net revenues, if any, in the shared game lottery account after the transfers pursuant to this section shall be deposited into the ((general fund)) Washington opportunity pathways account.

NEW SECTION.  Sec. 4.  In consultation with independent experts and in collaboration with the higher education coordinating board, the state lottery commission shall upon the effective date of this act develop and begin implementation of a strategy and plan for actively marketing the state lottery as an essential contributor to higher education.  The commission shall report to the appropriate committees of the legislature on the key messages, components, performance objectives, and anticipated revenue impacts of the strategy by December 1, 2010.

NEW SECTION.  Sec. 5.  The joint legislative audit and review committee shall conduct a review of marketing and vendor expenditures and incentive payment programs at the state lottery commission to identify cost savings and efficiencies to maximize contributions to beneficiaries under this act.  This review shall include examination of the following:

      (1) The expenditures at the state lottery commission related to marketing and vendors compared with ticket sales.  This review shall include an analysis of:  Marketing expenses for fiscal years 2005 to 2010 and the impact on ticket sales; the impact to sales of tickets from the change in lottery beneficiaries provided in this act from the education construction fund to the Washington opportunity pathways account; and the competitive bidding process for vendors in Washington.  In its final report on this subject, due to the legislature by November 2010, the joint legislative audit and review committee shall provide:  A description of the competitive contracting processes for marketing services and vendors, and any marketing programs or expenditures funded through the lottery administrative account; an all-state survey of marketing and vendor contractors for other state lotteries; identification of whether there are duplicative or unproductive marketing activities; identification of whether savings may occur from changing vendors; and an analysis of marketing expenses and ticket sales for fiscal year 2000 through the months of fiscal year 2011 for which data are available.

                     (2) The incentive payment program for employees at the state lottery commission.  This review shall include an analysis of the state's laws, policies, procedures, and practices as they relate to incentive payments.  In its final report on this subject, due to the legislature by November 2010, the joint legislative audit and review committee shall provide:  A description of how the incentive payment program at the state lottery commission operates, and comparison to best practices for outcome-based performance payments."

Correct the title.

 

Signed by Representatives Linville, Chair; Ericks, Vice Chair; Sullivan, Vice Chair; Cody; Conway; Darneille; Haigh; Hunt; Kagi; Kenney; Kessler; Pettigrew and Seaquist.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Chandler; Hinkle; Hunter; Priest; Ross and Schmick.

 

March 10, 20100)

2SSB 6578          Prime Sponsor, Committee on Ways & Means: Concerning the creation of optional multiagency permitting teams.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Linville, Chair; Ericks, Vice Chair; Sullivan, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Chandler; Cody; Conway; Darneille; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Pettigrew; Priest; Ross; Schmick and Seaquist.

 

March 10, 20100)

SSB 6844            Prime Sponsor, Committee on Ways & Means: Streamlining lottery accounts by transferring local accounts into the treasury custodial accounts, directing transfers of unclaimed prize money, and eliminating obsolete provisions.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Linville, Chair; Ericks, Vice Chair; Sullivan, Vice Chair; Cody; Darneille; Haigh; Hunt; Kagi; Kenney; Kessler; Pettigrew and Seaquist.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Chandler; Conway; Hinkle; Hunter; Priest; Ross and Schmick.

 

March 10, 20100)

SB 6870              Prime Sponsor, Senator Hargrove: Containing costs for services to sexually violent predators.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Linville, Chair; Ericks, Vice Chair; Sullivan, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Chandler; Cody; Conway; Darneille; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Pettigrew; Priest; Ross; Schmick and Seaquist.

 

      There being no objection, the bills listed on the day’s supplemental committee reports under the fifth order of business were placed on the second reading calendar, with the exception of HOUSE BILL NO. 2493 which was referred to the Committee on Rules.

 

SECOND READING

 

      SECOND SUBSTITUTE SENATE BILL NO. 6578, by Senate Committee on Ways & Means (originally sponsored by Senators Swecker, Jacobsen, Kastama, Pflug, Becker and Fraser)

 

      Creating an optional multiagency permitting team. Revised for 2nd Substitute: Concerning the creation of optional multiagency permitting teams.

 

      The bill was read the second time.

 

Representative Orcutt moved the adoption of amendment (1605).

0) 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The legislature finds that the state of Washington maintains at least twelve state agencies that exist either wholly or in part to manage, regulate, mediate, or enforce the state's public and private natural resources, many of which have overlapping jurisdiction and authorities.

      (2) The legislature finds that the overlap of state natural resources agencies creates unnecessary expenses for the state government, confusion for the state's citizens, and hampers private sector economic development.

      (3) The legislature finds that it is important for state agencies to communicate, share resources, and provide comments during each other's rule-making processes.  However, it is unnecessarily duplicative for more than one state agency to be involved in the implementation or enforcement of any one program.

Sec. 2.  RCW 76.09.360 and 1997 c 290 s 2 are each amended to read as follows:

      The department ((together with the department of fish and wildlife, and the department of ecology relating to water quality protection,)) shall develop a suitable process to permit landowners to secure all permits required for the conduct of forest practices ((in a single multiyear permit)) to be ((jointly)) issued only by the ((departments and the departments shall report their findings to the legislature not later than December 31, 2000)) department.

NEW SECTION.  Sec. 3.  A new section is added to chapter 77.55 RCW to read as follows:

      The requirements of RCW 77.55.021 are to be considered satisfied for any project that is required under chapter 76.09 RCW to submit a forest practices application or that is associated with any project that is required under chapter 76.09 RCW to submit a forest practices application.

Sec. 4.  RCW 76.09.040 and 2009 c 246 s 1 are each amended to read as follows:

      (1) Where necessary to accomplish the purposes and policies stated in RCW 76.09.010, and to implement the provisions of this chapter, the board shall adopt forest practices rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section that:

      (a) Establish minimum standards for forest practices;

      (b) Provide procedures for the voluntary development of resource management plans which may be adopted as an alternative to the minimum standards in (a) of this subsection if the plan is consistent with the purposes and policies stated in RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum standards;

      (c) Set forth necessary administrative provisions;

      (d) Establish procedures for the collection and administration of forest practice fees as set forth by this chapter; and

      (e) Allow for the development of watershed analyses.

      Forest practices rules pertaining to water quality protection shall be adopted by the board after reaching agreement with the director of the department of ecology or the director's designee on the board with respect thereto.  All other forest practices rules shall be adopted by the board.

      Forest practices rules shall be administered and enforced by either the department or the local governmental entity as provided in this chapter.  Such rules shall be adopted and administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010.

      (2) The board shall prepare proposed forest practices rules((.  In addition to any forest practices rules relating to water quality protection proposed by the board, the department of ecology may submit to the board)) including proposed forest practices rules relating to water quality protection.

      Prior to initiating the rule-making process, the proposed rules shall be submitted for review and comments to the department of fish and wildlife, the department of ecology, and to the counties of the state.  After receipt of the proposed forest practices rules, the department of fish and wildlife, the department of ecology, and the counties of the state shall have thirty days in which to review and submit comments to the board((, and to the department of ecology with respect to its proposed rules relating to water quality protection)).  After the expiration of such thirty day period the board ((and the department of ecology)) shall jointly hold one or more hearings on the proposed rules pursuant to chapter 34.05 RCW.  At such hearing(s) any county may propose specific forest practices rules relating to problems existing within such county.  The board may adopt ((and the department of ecology may approve)) such proposals if they find the proposals are consistent with the purposes and policies of this chapter.

      (3) The board shall establish by rule a program for the acquisition of riparian open space and critical habitat for threatened or endangered species as designated by the board.  Acquisition must be a conservation easement.  Lands eligible for acquisition are forest lands within unconfined channel migration zones or forest lands containing critical habitat for threatened or endangered species as designated by the board.  Once acquired, these lands may be held and managed by the department, transferred to another state agency, transferred to an appropriate local government agency, or transferred to a private nonprofit nature conservancy corporation, as defined in RCW 64.04.130, in fee or transfer of management obligation.  The board shall adopt rules governing the acquisition by the state or donation to the state of such interest in lands including the right of refusal if the lands are subject to unacceptable liabilities.  The rules shall include definitions of qualifying lands, priorities for acquisition, and provide for the opportunity to transfer such lands with limited warranties and with a description of boundaries that does not require full surveys where the cost of securing the surveys would be unreasonable in relation to the value of the lands conveyed.  The rules shall provide for the management of the lands for ecological protection or fisheries enhancement.  For the purposes of conservation easements entered into under this section, the following apply:  (a) For conveyances of a conservation easement in which the landowner conveys an interest in the trees only, the compensation must include the timber value component, as determined by the cruised volume of any timber located within the channel migration zone or critical habitat for threatened or endangered species as designated by the board, multiplied by the appropriate quality code stumpage value for timber of the same species shown on the appropriate table used for timber harvest excise tax purposes under RCW 84.33.091; (b) for conveyances of a conservation easement in which the landowner conveys interests in both land and trees, the compensation must include the timber value component in (a) of this subsection plus such portion of the land value component as determined just and equitable by the department.  The land value component must be the acreage of qualifying channel migration zone or critical habitat for threatened or endangered species as determined by the board, to be conveyed, multiplied by the average per acre value of all commercial forest land in western Washington or the average for eastern Washington, whichever average is applicable to the qualifying lands.  The department must determine the western and eastern Washington averages based on the land value tables established by RCW 84.33.140 and revised annually by the department of revenue.

      (4) Subject to appropriations sufficient to cover the cost of such an acquisition program and the related costs of administering the program, the department must establish a conservation easement in land that an owner tenders for purchase; provided that such lands have been taxed as forest lands and are located within an unconfined channel migration zone or contain critical habitat for threatened or endangered species as designated by the board.  Lands acquired under this section shall become riparian or habitat open space.  These acquisitions shall not be deemed to trigger the compensating tax of chapters 84.33 and 84.34 RCW.

      (5) Instead of offering to sell interests in qualifying lands, owners may elect to donate the interests to the state.

      (6) Any acquired interest in qualifying lands by the state under this section shall be managed as riparian open space or critical habitat.

Sec. 5.  RCW 76.09.050 and 2005 c 146 s 1003 are each amended to read as follows:

      (1) The board shall establish by rule which forest practices shall be included within each of the following classes:

      Class I:  Minimal or specific forest practices that have no direct potential for damaging a public resource and that may be conducted without submitting an application or a notification except that when the regulating authority is transferred to a local governmental entity, those Class I forest practices that involve timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, are processed as Class IV forest practices, but are not subject to environmental review under chapter 43.21C RCW;

      Class II:  Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department.  However, the work may not begin until all forest practice fees required under RCW 76.09.065 have been received by the department.  Class II shall not include forest practices:

      (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW or on lands that have or are being converted to another use;

      (b) Which require approvals under the provisions of the hydraulics act, RCW 77.55.021;

      (c) Within "shorelines of the state" as defined in RCW 90.58.030;

      (d) Excluded from Class II by the board; or

      (e) Including timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, which are Class IV;

      Class III:  Forest practices other than those contained in Class I, II, or IV.  A Class III application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application.  However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department;

      Class IV:  Forest practices other than those contained in Class I or II:  (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW, (b) on lands that have or are being converted to another use, (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development, (d) involving timber harvesting or road construction on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except where the forest landowner provides:  (i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or (ii) a conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application, and/or (e) which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW.  Such evaluation shall be made within ten days from the date the department receives the application:  PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted.  A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period.  However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department.

      Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act.

      (2) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, no Class II, Class III, or Class IV forest practice shall be commenced or continued after January 1, 1975, unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter amended.  However, in the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect.

      (3) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, if a notification or application is delivered in person to the department by the operator or the operator's agent, the department shall immediately provide a dated receipt thereof.  In all other cases, the department shall immediately mail a dated receipt to the operator.

      (4) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, forest practices shall be conducted in accordance with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any approved applications.

      (5) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, the department of natural resources shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices regulations.  Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced:  PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section:  PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days:  PROVIDED, FURTHER, That the department shall have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section.  Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the ((departments of ecology and fish and wildlife, and to the)) county, city, or town in whose jurisdiction the forest practice is to be commenced.  ((Any comments by such agencies shall be directed to the department of natural resources.))

      (6) For those forest practices regulated by the board and the department, if the county, city, or town believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections.

      (7) For those forest practices regulated by the board and the department, the department shall not approve portions of applications to which a county, city, or town objects if:

      (a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; and

      (b) The objections relate to lands either:

      (i) Platted after January 1, 1960, as provided in chapter 58.17 RCW; or

      (ii) On lands that have or are being converted to another use.

      The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board.  If the objections related to subparagraphs (b)(i) and (ii) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal.  The applicant shall be a party to all department appeals of county, city, or town objections.  Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired.

      (8) For those forest practices regulated by the board and the department, in addition to any rights under the above paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction.  The appeals board may suspend the department's approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource.

      (9) For those forest practices regulated by the board and the department, appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.220(8).  In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position.

      (10) For those forest practices regulated by the board and the department, the department shall, within four business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice.

      (11) For those forest practices regulated by the board and the department, a county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department.

      (12) Notwithstanding subsections (2) through (5) of this section, forest practices applications or notifications are not required for exotic insect and disease control operations conducted in accordance with RCW 76.09.060(8) where eradication can reasonably be expected.

Sec. 6.  RCW 76.09.060 and 2007 c 480 s 11 and 2007 c 106 s 1 are each reenacted and amended to read as follows:

      (1) The department shall prescribe the form and contents of the notification and application.  The forest practices rules shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified as acceptable.  Activities conducted by the department or a contractor under the direction of the department under the provisions of RCW 76.04.660, shall be exempt from the landowner signature requirement on any forest practice application required to be filed.  The application or notification shall be delivered in person to the department, sent by first-class mail to the department or electronically filed in a form defined by the department.  The form for electronic filing shall be readily convertible to a paper copy, which shall be available to the public pursuant to chapter 42.56 RCW.  The information required may include, but is not limited to:

      (a) Name and address of the forest landowner, timber owner, and operator;

      (b) Description of the proposed forest practice or practices to be conducted;

      (c) Legal description and tax parcel identification numbers of the land on which the forest practices are to be conducted;

      (d) Planimetric and topographic maps showing location and size of all lakes and streams and other public waters in and immediately adjacent to the operating area and showing all existing and proposed roads and major tractor roads;

      (e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type of equipment to be used and materials to be applied;

      (f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and yarding roads, as required by the forest practices rules;

      (g) Soil, geological, and hydrological data with respect to forest practices;

      (h) The expected dates of commencement and completion of all forest practices specified in the application;

      (i) Provisions for continuing maintenance of roads and other construction or other measures necessary to afford protection to public resources;

      (j) An affirmation that the statements contained in the notification or application are true; and

      (k) All necessary application or notification fees.

      (2) Long range plans may be submitted to the department for review and consultation.

      (3) The application for a forest practice or the notification of a forest practice is subject to the reforestation requirement of RCW 76.09.070.

      (a) If the application states that any land will be or is intended to be converted:

      (i) The reforestation requirements of this chapter and of the forest practices rules shall not apply if the land is in fact converted unless applicable alternatives or limitations are provided in forest practices rules issued under RCW 76.09.070;

      (ii) Completion of such forest practice operations shall be deemed conversion of the lands to another use for purposes of chapters 84.33 and 84.34 RCW unless the conversion is to a use permitted under a current use tax agreement permitted under chapter 84.34 RCW;

      (iii) The forest practices described in the application are subject to applicable county, city, town, and regional governmental authority permitted under RCW 76.09.240 as well as the forest practices rules.

      (b) Except as provided elsewhere in this section, if the landowner harvests without an approved application or notification or the landowner does not state that any land covered by the application or notification will be or is intended to be converted, and the department or the county, city, town, or regional governmental entity becomes aware of conversion activities to a use other than commercial timber operations, as that term is defined in RCW 76.09.020, then the department shall send to ((the department of ecology and)) the appropriate county, city, town, and regional governmental entities the following documents:

      (i) A notice of a conversion to nonforestry use;

      (ii) A copy of the applicable forest practices application or notification, if any; and

      (iii) Copies of any applicable outstanding final orders or decisions issued by the department related to the forest practices application or notification.

      (c) Failure to comply with the reforestation requirements contained in any final order or decision shall constitute a removal of designation under the provisions of RCW 84.33.140, and a change of use under the provisions of RCW 84.34.080, and, if applicable, shall subject such lands to the payments and/or penalties resulting from such removals or changes.

      (d) Conversion to a use other than commercial forest product operations within six years after approval of the forest practices application or notification without the consent of the county, city, or town shall constitute a violation of each of the county, municipal city, town, and regional authorities to which the forest practice operations would have been subject if the application had stated an intent to convert.

      (e) Land that is the subject of a notice of conversion to a nonforestry use produced by the department and sent to the department of ecology and a local government under this subsection is subject to the development prohibition and conditions provided in RCW 76.09.460.

      (f) Landowners who have not stated an intent to convert the land covered by an application or notification and who decide to convert the land to a nonforestry use within six years of receiving an approved application or notification must do so in a manner consistent with RCW 76.09.470.

      (g) The application or notification must include a statement requiring an acknowledgment by the forest landowner of his or her intent with respect to conversion and acknowledging that he or she is familiar with the effects of this subsection.

      (4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by the department, the applicant shall, when requested on the approved application, notify the department two days before the commencement of actual operations.

      (5) Before the operator commences any forest practice in a manner or to an extent significantly different from that described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section.

      (6) Except as provided in RCW 76.09.350(4), the notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term of two years from the date of approval or notification and shall not be renewed unless a new application is filed and approved or a new notification has been filed.  At the option of the applicant, an application or notification may be submitted to cover a single forest practice or a number of forest practices within reasonable geographic or political boundaries as specified by the department.  An application or notification that covers more than one forest practice may have an effective term of more than two years.  The board shall adopt rules that establish standards and procedures for approving an application or notification that has an effective term of more than two years.  Such rules shall include extended time periods for application or notification approval or disapproval.  On an approved application with a term of more than two years, the applicant shall inform the department before commencing operations.

      (7) Notwithstanding any other provision of this section, no prior application or notification shall be required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the board, but the operator shall submit an application or notification, whichever is applicable, to the department within forty-eight hours after commencement of such practice or as required by local regulations.

      (8) Forest practices applications or notifications are not required for forest practices conducted to control exotic forest insect or disease outbreaks, when conducted by or under the direction of the department of agriculture in carrying out an order of the governor or director of the department of agriculture to implement pest control measures as authorized under chapter 17.24 RCW, and are not required when conducted by or under the direction of the department in carrying out emergency measures under a forest health emergency declaration by the commissioner of public lands as provided in RCW 76.06.130.

      (a) For the purposes of this subsection, exotic forest insect or disease has the same meaning as defined in RCW 76.06.020.

      (b) In order to minimize adverse impacts to public resources, control measures must be based on integrated pest management, as defined in RCW 17.15.010, and must follow forest practices rules relating to road construction and maintenance, timber harvest, and forest chemicals, to the extent possible without compromising control objectives.

      (c) Agencies conducting or directing control efforts must provide advance notice to the appropriate regulatory staff of the department of the operations that would be subject to exemption from forest practices application or notification requirements.

      (d) When the appropriate regulatory staff of the department are notified under (c) of this subsection, they must consult with the landowner, interested agencies, and affected tribes, and assist the notifying agencies in the development of integrated pest management plans that comply with forest practices rules as required under (b) of this subsection.

      (e) Nothing under this subsection relieves agencies conducting or directing control efforts from requirements of the federal clean water act as administered by the department of ecology under RCW 90.48.260.

      (f) Forest lands where trees have been cut as part of an exotic forest insect or disease control effort under this subsection are subject to reforestation requirements under RCW 76.09.070.

      (g) The exemption from obtaining approved forest practices applications or notifications does not apply to forest practices conducted after the governor, the director of the department of agriculture, or the commissioner of public lands have declared that an emergency no longer exists because control objectives have been met, that there is no longer an imminent threat, or that there is no longer a good likelihood of control.

Sec. 7.  RCW 76.09.100 and 1975 1st ex.s. c 200 s 7 are each amended to read as follows:

      If the department ((of ecology)) determines that a person has failed to comply with the forest practices regulations relating to water quality protection, and ((that the department of natural resources has not issued a stop work order or notice to comply, the department of ecology shall inform the department thereof.  If)) the department of natural resources fails to take authorized enforcement action within twenty-four hours under RCW 76.09.080, 76.09.090, 76.09.120, or 76.09.130, the ((department of ecology may petition to the chairman)) chair of the appeals board((, who)) shall, within forty- eight hours, either deny ((the petition)) further consideration or direct the department of natural resources to immediately issue a stop work order or notice to comply, or to impose a penalty.  No civil or criminal penalties shall be imposed for past actions or omissions if such actions or omissions were conducted pursuant to an approval or directive of the department of natural resources.

Sec. 8.  RCW 76.09.150 and 2000 c 11 s 7 are each amended to read as follows:

      (1) The department shall make inspections of forest lands, before, during and after the conducting of forest practices as necessary for the purpose of ensuring compliance with this chapter and the forest practices rules and to ensure that no material damage occurs to the natural resources of this state as a result of such practices.

      (2) Any duly authorized representative of the department shall have the right to enter upon forest land at any reasonable time to enforce the provisions of this chapter and the forest practices rules.

      (3) The department ((or the department of ecology)) may apply for an administrative inspection warrant to either Thurston county superior court, or the superior court in the county in which the property is located.  An administrative inspection warrant may be issued where:

      (a) The department has attempted an inspection of forest lands under this chapter to ensure compliance with this chapter and the forest practices rules or to ensure that no potential or actual material damage occurs to the natural resources of this state, and access to all or part of the forest lands has been actually or constructively denied; or

      (b) The department has reasonable cause to believe that a violation of this chapter or of rules adopted under this chapter is occurring or has occurred.

      (4) In connection with any watershed analysis, any review of a pending application by an identification team appointed by the department, any compliance studies, any effectiveness monitoring, or other research that has been agreed to by a landowner, the department may invite representatives of other agencies, tribes, and interest groups to accompany a department representative and, at the landowner's election, the landowner, on any such inspections.  Reasonable efforts shall be made by the department to notify the landowner of the persons being invited onto the property and the purposes for which they are being invited.

Sec. 9.  RCW 76.09.260 and 1974 ex.s. c 137 s 26 are each amended to read as follows:

      The department shall represent the state's interest in matters pertaining to forestry and forest practices, including federal matters and matters relating to representing the state for the purposes of the federal water pollution control act as it relates to forest practices, and may consult with and cooperate with the federal government and other states, as well as other public agencies, in the study and enhancement of forestry and forest practices.  The department is authorized to accept, receive, disburse, and administer grants or other funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies for the purposes of carrying out the provisions of this chapter.

      ((Nothing in this chapter shall modify the designation of the department of ecology as the agency representing the state for all purposes of the Federal Water Pollution Control Act.))

Sec. 10.  RCW 76.09.470 and 2007 c 106 s 3 are each amended to read as follows:

      (1) If a landowner who did not state an intent to convert his or her land to a nonforestry use decides to convert his or her land to a nonforestry use within six years of receiving an approved forest practices application or notification under this chapter, the landowner must:

      (a) Stop all forest practices activities on the parcels subject to the proposed land use conversion to a nonforestry use;

      (b) Contact the ((department of ecology and the)) applicable county, city, town, or regional governmental entity to begin the permitting process; and

      (c) Notify the department and withdraw any applicable applications or notifications or request a new application for conversion.

      (2) Upon being contacted by a landowner under this section, the county, city, town, or regional governmental entity must:

      (a) Notify the department and request from the department the status of any applicable forest practices applications, notifications, or final orders or decisions; and

      (b) Complete the following activities:

      (i) Require that the landowner be in full compliance with chapter 43.21C RCW, if applicable;

      (ii) Receive notification from the department that the landowner has resolved any outstanding final orders or decisions issued by the department; and

      (iii) Make a determination as to whether or not the condition of the land in question is in full compliance with local ordinances and regulations.  If full compliance is not found, a mitigation plan to address violations of local ordinances or regulations must be required for the parcel in question by the county, city, town, or regional governmental entity.  Required mitigation plans must be prepared by the landowner and approved by the county, city, town, or regional governmental entity.  Once approved, the mitigation plan must be implemented by the landowner.  Mitigation measures that may be required include, but are not limited to, revegetation requirements to plant and maintain trees of sufficient maturity and appropriate species composition to restore critical area and buffer function or to be in compliance with applicable local government regulations.

NEW SECTION.  Sec. 11.  A new section is added to chapter 90.48 RCW to read as follows:

      All responsibilities and duties of the department under this chapter are transferred to the department of natural resources for any discharge or other water quality issue related to a project required to obtain a forest practices approval under chapter 76.09 RCW.

Sec. 12.  RCW 90.64.010 and 2009 c 143 s 2 are each amended to read as follows:

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

      (1) "Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to the dairy nutrient management program.

      (2) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.

      (3) "Catastrophic" means a tornado, hurricane, earthquake, flood, or other extreme condition that causes an overflow from a required waste retention structure.

      (4) "Certification" means:

      (a) The acknowledgment by a local conservation district that a dairy producer has constructed or otherwise put in place the elements necessary to implement his or her dairy nutrient management plan; and

      (b) The acknowledgment by a dairy producer that he or she is managing dairy nutrients as specified in his or her approved dairy nutrient management plan.

      (5) "Chronic" means a series of wet weather events that precludes the proper operation of a dairy nutrient management system that is designed for the current herd size.

      (6) "Conservation commission" or "commission" means the conservation commission under chapter 89.08 RCW.

      (7) "Conservation districts" or "district" means a subdivision of state government organized under chapter 89.08 RCW.

      (8) "Concentrated dairy animal feeding operation" means a dairy animal feeding operation subject to regulation under this chapter which the director designates under RCW 90.64.020 or meets the following criteria:

      (a) Has more than seven hundred mature dairy cows, whether milked or dry cows, that are confined; or

      (b) Has more than two hundred head of mature dairy cattle, whether milked or dry cows, that are confined and either:

      (i) From which pollutants are discharged into navigable waters through a manmade ditch, flushing system, or other similar manmade device; or

      (ii) From which pollutants are discharged directly into surface or ground waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

      (9) "Dairy animal feeding operation" means a lot or facility where the following conditions are met:

      (a) Dairy animals that have been, are, or will be stabled or confined and fed for a total of forty-five days or more in any twelve- month period; and

      (b) Crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.  Two or more dairy animal feeding operations under common ownership are considered, for the purposes of this chapter, to be a single dairy animal feeding operation if they adjoin each other or if they use a common area for land application of wastes.

      (10) "Dairy farm" means any farm that is licensed to produce milk under chapter 15.36 RCW.

      (11) "Dairy nutrient" means any organic waste produced by dairy cows or a dairy farm operation.

      (12) "Dairy nutrient management plan" means a plan meeting the requirements established under RCW 90.64.026.

      (13) "Dairy producer" means a person who owns or operates a dairy farm.

      (14) "Department" means the department of ((ecology under chapter 43.21A RCW)) agriculture.

      (15) "Director" means the director of the department ((of ecology,)) or his or her designee.

      (16) "Upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the dairy.  An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

      (17) "Violation" means the following acts or omissions:

      (a) A discharge of pollutants into the waters of the state, except those discharges that are due to a chronic or catastrophic event, or to an upset as provided in 40 C.F.R. Sec. 122.41, or to a bypass as provided in 40 C.F.R. Sec. 122.41, and that occur when:

      (i) A dairy producer has a current national pollutant discharge elimination system permit with a wastewater system designed, operated, and maintained for the current herd size and that contains all process- generated wastewater plus average annual precipitation minus evaporation plus contaminated storm water runoff from a twenty-five year, twenty-four hour rainfall event for that specific location, and the dairy producer has complied with all permit conditions, including dairy nutrient management plan conditions for appropriate land application practices; or

      (ii) A dairy producer does not have a national pollutant discharge elimination system permit, but has complied with all of the elements of a dairy nutrient management plan that:  Prevents the discharge of pollutants to waters of the state, is commensurate with the dairy producer's current herd size, and is approved and certified under RCW 90.64.026;

      (b) Failure to register as required under RCW 90.64.017;

      (c)(i) Until July 1, 2011, failure to keep for a period of three years all records necessary to show that applications of nutrients to the land were within acceptable agronomic rates, unless otherwise required by law; and

      (ii) Beginning July 1, 2011, failure to keep for a period of five years all records necessary to show that applications of nutrients to the land were within acceptable agronomic rates;

      (d) The lack of an approved dairy nutrient management plan by July 1, 2002; or

      (e) The lack of a certified dairy nutrient management plan for a dairy farm after December 31, 2003.

Sec. 13.  RCW 90.64.020 and 1993 c 221 s 3 are each amended to read as follows:

      (1) The director of the department ((of ecology)) may designate any dairy animal feeding operation as a concentrated dairy animal feeding operation upon determining that it is a significant contributor of pollution to the surface or ground waters of the state.  In making this designation the director shall consider the following factors:

      (a) The size of the animal feeding operation and the amount of wastes reaching waters of the state;

      (b) The location of the animal feeding operation relative to waters of the state;

      (c) The means of conveyance of animal wastes and process waters into the waters of the state;

      (d) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes and process waste waters into the waters of the state; and

      (e) Other relevant factors as established by the department by rule.

      (2) A notice of intent to apply for a permit shall not be required from a concentrated dairy animal feeding operation designated under this section until the director has conducted an on-site inspection of the operation and determined that the operation should and could be regulated under the permit program.

Sec. 14.  RCW 90.64.170 and 2005 c 510 s 1 are each amended to read as follows:

      (1) The legislature finds that a livestock nutrient management program is essential to protecting the quality of the waters of the state and ensuring a healthy and productive livestock industry.

      (2) The department((s of agriculture and ecology)) shall examine ((their)) its current statutory authorities and provide the legislature with recommendations for statutory changes to fully implement a livestock nutrient management program within the department ((of agriculture)) for concentrated animal feeding operations, animal feeding operations, and dairies, as authorized in RCW 90.48.260((, 90.64.813,)) and 90.64.901.  ((In developing recommended statutory changes, the departments shall consult with the livestock nutrient management program development and oversight committee created in RCW 90.64.813.))  The recommendations must be submitted to the legislature by the department((s of agriculture and ecology)) prior to applying to the environmental protection agency for delegated authority to administer the CAFO portion of the national pollutant discharge elimination system permit program under the federal clean water act.

      (3) For purposes of chapter 510, Laws of 2005, animal feeding operations (AFOs) and concentrated animal feeding operations (CAFOs) have the same meaning as defined in 40 C.F.R. 122.23.

      (4) This section applies to all operations that meet the definition of an AFO.  This section does not apply to true pasture and rangeland operations that do not meet the definition of AFO, however, such operations may have confinement areas that may qualify as an AFO.

NEW SECTION.  Sec. 15.  A new section is added to chapter 90.48 RCW to read as follows:

      All responsibilities and duties of the department under this chapter are transferred to the department of agriculture with regard to any matters falling within the scope of chapter 90.64 RCW.

Sec. 16.  RCW 90.48.260 and 2007 c 341 s 55 are each amended to read as follows:

Unless otherwise designated in this chapter, the department of ecology is hereby designated as the state water pollution control agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action necessary to secure to the state the benefits and to meet the requirements of that act.  With regard to the national estuary program established by section 320 of that act, the department shall exercise its responsibility jointly with the Puget Sound partnership, created in RCW 90.71.210.  The department of ecology may delegate its authority under this chapter, including its national pollutant discharge elimination permit system authority and duties regarding animal feeding operations and concentrated animal feeding operations, to the department of agriculture through a memorandum of understanding.  Until any such delegation receives federal approval, the department of agriculture's adoption or issuance of animal feeding operation and concentrated animal feeding operation rules, permits, programs, and directives pertaining to water quality shall be accomplished after reaching agreement with the director of the department of ecology.  Adoption or issuance and implementation shall be accomplished so that compliance with such animal feeding operation and concentrated animal feeding operation rules, permits, programs, and directives will achieve compliance with all federal and state water pollution control laws.  The powers granted herein include, among others, and notwithstanding any other provisions of chapter 90.48 RCW or otherwise, the following:

      (1) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington subject to the provisions of RCW 90.48.262(2).  Program elements authorized herein may include, but are not limited to:  (a) Effluent treatment and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e) termination and modification of permits for cause; (f) requirements for public notices and opportunities for public hearings; (g) appropriate relationships with the secretary of the army in the administration of his responsibilities which relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his duties, and with other governmental officials under the federal clean water act; (h) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges.

      (2) The power to establish and administer state programs in a manner which will insure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs.

      (3) The power to develop and implement appropriate programs pertaining to continuing planning processes, area-wide waste treatment management plans, and basin planning.

      The governor shall have authority to perform those actions required of him or her by the federal clean water act.

Sec. 17.  RCW 77.55.021 and 2008 c 272 s 1 are each amended to read as follows:

      (1) Except as provided in RCW 77.55.031, 77.55.051, ((and)) 77.55.041, and section 3 of this act, in the event that any person or government agency desires to undertake a hydraulic project, the person or government agency shall, before commencing work thereon, secure the approval of the department in the form of a permit as to the adequacy of the means proposed for the protection of fish life.

      (2) A complete written application for a permit may be submitted in person or by registered mail and must contain the following:

      (a) General plans for the overall project;

      (b) Complete plans and specifications of the proposed construction or work within the mean higher high water line in saltwater or within the ordinary high water line in freshwater;

      (c) Complete plans and specifications for the proper protection of fish life; and

      (d) Notice of compliance with any applicable requirements of the state environmental policy act, unless otherwise provided for in this chapter.

      (3)(a) Protection of fish life is the only ground upon which approval of a permit may be denied or conditioned.  Approval of a permit may not be unreasonably withheld or unreasonably conditioned.  Except as provided in this subsection and subsections (8), (10), and (12) of this section, the department has forty-five calendar days upon receipt of a complete application to grant or deny approval of a permit.  The forty-five day requirement is suspended if:

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

      (ii) The site is physically inaccessible for inspection;

      (iii) The applicant requests a delay; or

      (iv) The department is issuing a permit for a storm water discharge and is complying with the requirements of RCW 77.55.161(3)(b).

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

      (c) The period of forty-five calendar days may be extended if the permit is part of a multiagency permit streamlining effort and all participating permitting agencies and the permit applicant agree to an extended timeline longer than forty-five calendar days.

      (4) If the department denies approval of a permit, the department shall provide the applicant a written statement of the specific reasons why and how the proposed project would adversely affect fish life.  Issuance, denial, conditioning, or modification of a permit shall be appealable to the department or the board as specified in RCW 77.55.301 within thirty days of the notice of decision.

      (5)(a) The permittee must demonstrate substantial progress on construction of that portion of the project relating to the permit within two years of the date of issuance.

      (b) Approval of a permit is valid for a period of up to five years from the date of issuance, except as provided in (c) of this subsection and in RCW 77.55.151.

      (c) A permit remains in effect without need for periodic renewal for hydraulic projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work.  A permit for streambank stabilization projects to protect farm and agricultural land as defined in RCW 84.34.020 remains in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis.  The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the permit.

      (6) The department may, after consultation with the permittee, modify a permit due to changed conditions.  The modification becomes effective unless appealed to the department or the board as specified in RCW 77.55.301 within thirty days from the notice of the proposed modification.  For hydraulic projects that divert water for agricultural irrigation or stock watering purposes, or when the hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, the burden is on the department to show that changed conditions warrant the modification in order to protect fish life.

      (7) A permittee may request modification of a permit due to changed conditions.  The request must be processed within forty-five calendar days of receipt of the written request.  A decision by the department may be appealed to the board within thirty days of the notice of the decision.  For hydraulic projects that divert water for agricultural irrigation or stock watering purposes, or when the hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, the burden is on the permittee to show that changed conditions warrant the requested modification and that such a modification will not impair fish life.

      (8)(a) The department, the county legislative authority, or the governor may declare and continue an emergency.  If the county legislative authority declares an emergency under this subsection, it shall immediately notify the department.  A declared state of emergency by the governor under RCW 43.06.010 shall constitute a declaration under this subsection.

      (b) The department, through its authorized representatives, shall issue immediately, upon request, oral approval for a stream crossing, or work to remove any obstructions, repair existing structures, restore streambanks, protect fish life, or protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written permit prior to commencing work.  Conditions of the emergency oral permit must be established by the department and reduced to writing within thirty days and complied with as provided for in this chapter.

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

      (9) All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application.

      (10) The department or the county legislative authority may determine an imminent danger exists.  The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists.  In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to remove any obstructions, repair existing structures, restore banks, protect fish resources, or protect property.  Expedited permit requests require a complete written application as provided in subsection (2) of this section and must be issued within fifteen calendar days of the receipt of a complete written application.  Approval of an expedited permit is valid for up to sixty days from the date of issuance.  The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.

      (11)(a) For any property, except for property located on a marine shoreline, that has experienced at least two consecutive years of flooding or erosion that has damaged or has threatened to damage a major structure, water supply system, septic system, or access to any road or highway, the county legislative authority may determine that a chronic danger exists.  The county legislative authority shall notify the department, in writing, when it determines that a chronic danger exists.  In cases of chronic danger, the department shall issue a permit, upon request, for work necessary to abate the chronic danger by removing any obstructions, repairing existing structures, restoring banks, restoring road or highway access, protecting fish resources, or protecting property.  Permit requests must be made and processed in accordance with subsections (2) and (3) of this section.

      (b) Any projects proposed to address a chronic danger identified under (a) of this subsection that satisfies the project description identified in RCW 77.55.181(1)(a)(ii) are not subject to the provisions of the state environmental policy act, chapter 43.21C RCW.  However, the project is subject to the review process established in RCW 77.55.181(3) as if it were a fish habitat improvement project.

      (12) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment.  Expedited permit requests require a complete written application as provided in subsection (2) of this section and must be issued within fifteen calendar days of the receipt of a complete written application.  Approval of an expedited permit is valid for up to sixty days from the date of issuance.  The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.

Sec. 18.  RCW 77.12.755 and 2003 c 311 s 10 are each amended to read as follows:

      ((In coordination with the department of natural resources and lead entity groups,)) The department must establish a ranked inventory of fish passage barriers on land owned by small forest landowners based on the principle of fixing the worst first within a watershed consistent with the fish passage priorities of the forest and fish report.  The department shall first gather and synthesize all available existing information about the locations and impacts of fish passage barriers in Washington.  This information must include, but not be limited to, the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available.  The inventory of fish passage barriers must be kept current and at a minimum be updated by the beginning of each calendar year.  Nothing in this section grants the department or others additional right of entry onto private property.

Sec. 19.  RCW 77.12.870 and 2009 c 333 s 21 are each amended to read as follows:

      (1) The department((, in consultation with the Northwest straits commission, the department of natural resources, and other interested parties,)) must create and maintain a database of known derelict fishing gear, including the type of gear and its location.

      (2) A person who loses or abandons commercial fishing gear within the waters of the state is encouraged to report the location of the loss and the type of gear lost to the department within forty-eight hours of the loss.

Sec. 20.  RCW 77.12.878 and 2002 c 281 s 6 are each amended to read as follows:

      (1) The director shall create a rapid response plan in cooperation with the aquatic nuisance species committee and its member agencies that describes actions to be taken when a prohibited aquatic animal species is found to be infesting a water body.  These actions include eradication or control programs where feasible and containment of infestation where practical through notification, public education, and the enforcement of regulatory programs.

      (2) The commission may adopt rules to implement the rapid response plan.

      (3) The director((, the department of ecology, and the Washington state parks and recreation commission)) may post signs at water bodies that are infested with aquatic animal species that are classified as prohibited aquatic animal species under RCW 77.12.020 or with invasive species of the plant kingdom.  The signs should identify the prohibited plant and animal species present and warn users of the water body of the hazards and penalties for possessing and transporting these species.  Educational signs may be placed at uninfested sites.

Sec. 21.  RCW 77.15.390 and 2001 c 253 s 40 are each amended to read as follows:

      (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:

      (a) The person does not have and possess the license required by chapter 77.32 RCW for taking seaweed; or

      (b) The action violates any rule of the department ((or the department of natural resources)) regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.

      (2) Unlawful taking of seaweed is a misdemeanor.  This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.

Sec. 22.  RCW 77.44.040 and 1996 c 222 s 4 are each amended to read as follows:

      The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management.  Development of new ponds and lakes shall be an important and integral part of the program.  The department shall work ((with the department of natural resources)) to coordinate the reclamation of surface mines and the development of warm water game fish ponds.  Improvement of warm water fishing shall be coordinated with the protection and conservation of cold water fish populations.  This shall be accomplished by carefully designing the warm water projects to have minimal adverse effects upon the cold water fish populations.  New pond and lake development should have beneficial effects upon wildlife due to the increase in lacustrine and wetland habitat that will accompany the improvement of warm water fish habitat.  The department shall not develop projects that will increase the populations of undesirable or deleterious fish species such as carp, squawfish, walking catfish, and others.

      Fish culture programs shall be used in conditions where they will prove to be cost-effective, and may include the purchase of warm water fish from aquatic farmers defined in RCW 15.85.020.  Consideration should be made for development of urban area enhancement of fishing opportunity for put-and-take species, such as channel catfish, that are amenable to production by low-cost fish culture methods.  Fish culture shall also be used for stocking of high value species, such as walleye, smallmouth bass, and tiger musky.  Introduction of special genetic strains that show high potential for recreational fishing improvement, including Florida strain largemouth bass and striped bass, shall be considered.

      Transplantation and introduction of exotic warm water fish shall be carefully reviewed to assure that adverse effects to native fish and wildlife populations do not occur.  This review shall include an analysis of consequences from disease and parasite introduction.

      Population management through the use of fish toxicants, including rotenone or derris root, shall be an integral part of the warm water game fish enhancement program.  However, any use of fish toxicants shall be subject to a thorough review to prevent adverse effects to cold water fish, desirable warm water fish, and other biota.  Eradication of deleterious fish species shall be a goal of the program.

      Habitat improvement shall be a major aspect of the warm water game fish enhancement program.  Habitat improvement opportunities shall be defined with scientific investigations, field surveys, and by using the extensive experience of other state management entities.  Installation of cover, structure, water flow control structures, screens, spawning substrate, vegetation control, and other management techniques shall be fully used.  The department shall work to gain access to privately owned waters that can be developed with habitat improvements to improve the warm water resource for public fishing.

      The department shall use the resources of cooperative groups to assist in the planning and implementation of the warm water game fish enhancement program.  In the development of the program the department shall actively involve the organized fishing clubs that primarily fish for warm water fish.  The warm water fish enhancement program shall be cooperative between the department and private landowners; private landowners shall not be required to alter the uses of their private property to fulfill the purposes of the warm water fish enhancement program.  The director shall not impose restrictions on the use of private property, or take private property, for the purpose of the warm water fish enhancement program.

Sec. 23.  RCW 77.55.121 and 2005 c 146 s 404 are each amended to read as follows:

      (1) Beginning in January 1998, the department ((and the department of natural resources)) shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties.  The program shall allow a private landowner to enter into an agreement with the department((s)) to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species.  In exchange, the landowner shall receive state regulatory certainty with regard to future applications for a permit or a forest practices permit on the property covered by the agreement.  The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date.  A single agreement between the department((s)) and a landowner may encompass up to one thousand acres.  A landowner may enter into multiple agreements with the department((s)), provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres.  The department((s are)) is not obligated to enter into an agreement unless the department((s)) finds that the agreement is in the best interest of protecting fish or wildlife species or their habitat.

      (2) A habitat incentives agreement shall be in writing and shall contain at least the following:  (a) A description of the property covered by the agreement; (b) an expiration date; (c) a description of the condition of the property prior to the implementation of the agreement; and (d) other information needed by the landowner and the departments for future reference and decisions.

      (3) As part of the agreement, the department may stipulate the factors that will be considered when the department evaluates a landowner's application for a permit on property covered by the agreement.  The department's identification of these evaluation factors shall be in concurrence with ((the department of natural resources and)) affected federally recognized Indian tribes.  In general, future decisions related to the issuance, conditioning, or denial of a permit must be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

      (4) As part of the agreement, the department ((of natural resources)) may stipulate the factors that will be considered when the department ((of natural resources)) evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement.  The department's ((of natural resources')) identification of these evaluation factors shall be in concurrence with ((the department and)) affected federally recognized Indian tribes.  In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

      (5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department.  The agreement shall not be appurtenant with the land.  However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the department and the department of natural resources may jointly choose to retain the agreement on the property.

      (6) If the department ((and the department of natural resources)) receives multiple requests for agreements with private landowners under the habitat incentives program, the department((s)) shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.

Sec. 24.  RCW 77.55.211 and 2005 c 146 s 406 are each amended to read as follows:

      The department((, the department of ecology, and the department of natural resources)) shall ((jointly)) develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommend((s)) ways to best proceed through the various regulatory permitting processes.

Sec. 25.  RCW 77.55.131 and 2005 c 146 s 405 are each amended to read as follows:

      The department ((and the department of ecology)) will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84- 99, and state requirements established pursuant to RCW 77.55.021 are met.

Sec. 26.  RCW 77.65.510 and 2009 c 195 s 1 are each amended to read as follows:

      (1) The department must establish and administer a direct retail endorsement to serve as a single license that permits a Washington license holder or alternate operator to commercially harvest retail- eligible species and to clean, dress, and sell his or her catch directly to consumers at retail, including over the internet.  The direct retail endorsement must be issued as an optional addition to all holders of: (a) A commercial fishing license for retail-eligible species that the department offers under this chapter; and (b) an alternate operator license who are designated as an alternate operator on a commercial fishing license for retail eligible species.

      (2) The direct retail endorsement must be offered at the time of application for the qualifying commercial fishing license.  Individuals in possession of a qualifying commercial fishing license issued under this chapter, and alternate operators designated on such a license, may add a direct retail endorsement to their current license at any time.  Individuals who do not have a commercial fishing license for retail- eligible species issued under this chapter, and who are not designated as alternate operators on such a license, may not receive a direct retail endorsement.  The costs, conditions, responsibilities, and privileges associated with the endorsed commercial fishing license is not affected or altered in any way by the addition of a direct retail endorsement.  These costs include the base cost of the license and any revenue and excise taxes.

      (3) An individual need only add one direct retail endorsement to his or her license portfolio.  If a direct retail endorsement is selected by an individual holding more than one commercial fishing license issued under this chapter, a single direct retail endorsement is considered to be added to all qualifying commercial fishing licenses held by that individual, and is the only license required for the individual to sell at retail any retail-eligible species permitted by all of the underlying endorsed licenses.  If a direct retail endorsement is selected by an individual designated as an alternate operator on more than one commercial license issued under this chapter, a single direct retail endorsement is the only license required for the individual to sell at retail any retail-eligible species permitted by all of the underlying endorsed licenses on which the individual is designated as an alternate operator.  The direct retail endorsement applies only to the Washington license holder or alternate operator obtaining the endorsement.

      (4) In addition to any fees charged for the endorsed licenses and harvest documentation as required by this chapter or the rules of the department, the department may set a reasonable annual fee not to exceed the administrative costs to the department for a direct retail endorsement.

      (5) The holder of a direct retail endorsement is responsible for documenting the commercial harvest of salmon and crab according to the provisions of this chapter, the rules of the department for a wholesale fish dealer, and the reporting requirements of the endorsed license.  Any retail-eligible species caught by the holder of a direct retail endorsement must be documented on fish tickets.

      (6) The direct retail endorsement must be displayed in a readily visible manner by the seller wherever and whenever a sale to someone other than a licensed wholesale dealer occurs.  The commission may require that the holder of a direct retail endorsement notify the department up to eighteen hours before conducting an in-person sale of retail-eligible species, except for in-person sales that have a cumulative retail sales value of less than one hundred fifty dollars in a twenty-four hour period that are sold directly from the vessel.  For sales occurring in a venue other than in person, such as over the internet, through a catalog, or on the phone, the direct retail endorsement number of the seller must be provided to the buyer both at the time of sale and the time of delivery.  All internet sales must be conducted in accordance with federal laws and regulations.

      (7) The direct retail endorsement is to be held by a natural person and is not transferrable or assignable.  If the endorsed license is transferred, the direct retail endorsement immediately becomes void, and the transferor is not eligible for a full or prorated reimbursement of the annual fee paid for the direct retail endorsement.  Upon becoming void, the holder of a direct retail endorsement must surrender the physical endorsement to the department.

      (8) The holder of a direct retail endorsement must abide by the provisions of Title 69 RCW as they apply to the processing and retail sale of seafood.  The department must distribute a pamphlet((, provided by the department of agriculture,)) with the direct retail endorsement generally describing the labeling requirements set forth in chapter 69.04 RCW as they apply to seafood.

      (9) The holder of a qualifying commercial fishing license issued under this chapter, or an alternate operator designated on such a license, must either possess a direct retail endorsement or a wholesale dealer license provided for in RCW 77.65.280 in order to lawfully sell their catch or harvest in the state to anyone other than a licensed wholesale dealer.

      (10) The direct retail endorsement entitles the holder to sell a retail-eligible species only at a temporary food service establishment as that term is defined in RCW 69.06.045, or directly to a restaurant or other similar food service business.

Sec. 27.  RCW 77.70.210 and 2000 c 107 s 70 are each amended to read as follows:

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

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

      (a) Holds a herring fishery license issued under RCW 77.65.200 and 77.70.120; and

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

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

Sec. 28.  RCW 77.105.070 and 1994 c 264 s 47 are each amended to read as follows:

      The department shall ((work with the department of ecology and local government entities to)) streamline the siting process for new enhancement projects.  The department is encouraged to work with the legislature to develop statutory changes that enable expeditious processing and granting of permits for fish enhancement projects.

Sec. 29.  RCW 79.13.620 and 2003 c 334 s 378 are each amended to read as follows:

      (1) It is the purpose of ((chapter 163, Laws of 1996)) this section that all state agricultural lands, grazing lands, and grazeable woodlands ((shall)) be managed in keeping with the statutory and constitutional mandates under which each agency operates.  ((Chapter 163, Laws of 1996 is consistent with section 1, chapter 4, Laws of 1993 sp. sess.))

      (2) ((The ecosystem standards developed under chapter 4, Laws of 1993 sp. sess. for state-owned agricultural and grazing lands are defined as desired ecological conditions.  The standards are not intended to prescribe practices.  For this reason,)) Land managers are encouraged to use an adaptive management approach in selecting and implementing practices that work towards meeting the standards based on the best available science and evaluation tools.

      (3) ((For as long as the chapter 4, Laws of 1993 sp. sess. ecosystem standards remain in effect, they)) Land shall be ((applied)) managed through a collaborative process that incorporates the following principles:

      (a) The land manager and lessee or permittee shall look at the land together and make every effort to reach agreement on management and resource objectives for the land under consideration;

      (b) They will then discuss management options and make every effort to reach agreement on which of the available options will be used to achieve the agreed-upon objectives;

      (c) No land manager or owner ever gives up his or her management prerogative;

      (d) Efforts will be made to make land management plans economically feasible for landowners, managers, and lessees and to make the land management plan compatible with the lessee's entire operation;

      (e) Coordinated resource management planning is encouraged where either multiple ownerships, or management practices, or both, are involved;

      (f) The department of fish and wildlife shall consider multiple use, including grazing, on lands owned or managed by the department of fish and wildlife where it is compatible with the management objectives of the land; and

      (g) The department shall allow multiple use on lands owned or managed by the department where multiple use can be demonstrated to be compatible with RCW 79.10.100, 79.10.110, and 79.10.120.

      (4) The ecosystem standards are to be achieved by applying appropriate land management practices on riparian lands and on the uplands in order to reach the desired ecological conditions.

      (((5) The legislature urges that state agencies that manage grazing lands make planning and implementation of chapter 163, Laws of 1996, using the coordinated resource management and planning process, a high priority, especially where either multiple ownerships, or multiple use resources objectives, or both, are involved.  In all cases, the choice of using the coordinated resource management planning process will be a voluntary decision by all concerned parties including agencies, private landowners, lessees, permittees, and other interests.))

Sec. 30.  RCW 79.19.080 and 2003 c 334 s 531 are each amended to read as follows:

      Periodically, at intervals to be determined by the board, the department shall identify trust lands which are expected to convert to commercial, residential, or industrial uses within ten years.  The department shall adhere to existing local comprehensive plans, zoning classifications, and duly adopted local policies when making this identification and determining the fair market value of the property.

      The department shall hold a public hearing on the proposal in the county where the state land is located.  At least fifteen days but not more than thirty days before the hearing, the department shall publish a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the trust land is located.  At the same time that the published notice is given, the department shall give written notice of the hearings to the ((departments of fish and wildlife and general administration, to the parks and recreation commission, and to the)) county, city, or town in which the property is situated.  The department shall disseminate a news release pertaining to the hearing among printed and electronic media in the area where the trust land is located.  The public notice and news release also shall identify trust lands in the area which are expected to convert to commercial, residential, or industrial uses within ten years.

      A summary of the testimony presented at the hearings shall be prepared for the board's consideration.  The board shall designate trust lands which are expected to convert to commercial, residential, or industrial uses as urban land.  Descriptions of lands designated by the board shall be made available to the county and city or town in which the land is situated and for public inspection and copying at the department's administrative office in Olympia, Washington and at each area office.

      The hearing and notice requirements of this section apply to those trust lands which have been identified by the department prior to July 1, 1984, as being expected to convert to commercial, residential, or industrial uses within the next ten years, and which have not been sold or exchanged prior to July 1, 1984.

Sec. 31.  RCW 79.70.030 and 2003 c 334 s 549 are each amended to read as follows:

      In order to set aside, preserve, and protect natural areas within the state, the department is authorized, in addition to any other powers, to:

      (1) Establish the criteria for selection, acquisition, management, protection, and use of such natural areas, including:

      (a) Limiting public access to natural area preserves consistent with the purposes of this chapter.  Where appropriate, and on a case- by-case basis, a buffer zone with an increased low level of public access may be created around the environmentally sensitive areas;

      (b) Developing a management plan for each designated natural area preserve.  The plan must identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for low-impact public and environmental educational uses.  The plan must specify the types of management activities and public uses that are permitted, consistent with the purposes of this chapter.  The department must make the plans available for review and comment by the public, and state, tribal, and local agencies, prior to final approval;

      (2) Cooperate or contract with any federal, state, or local governmental agency, private organizations, or individuals in carrying out the purpose of this chapter;

      (3) Consistent with the plan, acquire by gift, devise, purchase, grant, dedication, or means other than eminent domain, the fee or any lesser right or interest in real property which shall be held and managed as a natural area;

      (4) Acquire by gift, devise, grant, or donation any personal property to be used in the acquisition and/or management of natural areas;

      (5) Inventory existing public, state, and private lands in cooperation with the council to assess possible natural areas to be preserved within the state;

      (6) Maintain a natural heritage program to provide assistance in the selection and nomination of areas containing natural heritage resources for registration or dedication.  The program shall maintain a classification of natural heritage resources, an inventory of their locations, and a data bank for such information.  ((The department shall cooperate with the department of fish and wildlife in the selection and nomination of areas from the data bank that relate to critical wildlife habitats.))  Information from the data bank shall be made available to public and private agencies and individuals for environmental assessment and proprietary land management purposes.  Usage of the classification, inventory, or data bank of natural heritage resources for any purpose inconsistent with the natural heritage program is not authorized;

      (7) Prepare a natural heritage plan which shall govern the natural heritage program in the conduct of activities to create and manage a system of natural areas that includes natural resources conservation areas, and may include areas designated under the research natural area program on federal lands in the state;

      (a) The plan shall list the natural heritage resources to be considered for registration and shall provide criteria for the selection and approval of natural areas under this chapter;

      (b) The department shall provide opportunities for input, comment, and review to the public, other public agencies, and private groups with special interests in natural heritage resources during preparation of the plan;

      (c) Upon approval by the council and adoption by the department, the plan shall be updated and submitted biennially to the appropriate committees of the legislature for their information and review.  The plan shall take effect ninety days after the adjournment of the legislative session in which it is submitted unless the reviewing committees suggest changes or reject the plan; and

      (8) Maintain a state register of natural areas containing significant natural heritage resources to be called the Washington register of natural area preserves.  Selection of natural areas for registration shall be in accordance with criteria listed in the natural heritage plan and accomplished through voluntary agreement between the owner of the natural area and the department.  No privately owned lands may be proposed to the council for registration without prior notice to the owner or registered without voluntary consent of the owner.  No state or local governmental agency may require such consent as a condition of any permit or approval of or settlement of any civil or criminal proceeding or to penalize any landowner in any way for failure to give, or for withdrawal of, such consent.

      (a) The department shall adopt rules as authorized by RCW 43.12.065 and 79.70.030(1) and chapter 34.05 RCW relating to voluntary natural area registration.

      (b) After approval by the council, the department may place sites onto the register or remove sites from the register.

      (c) The responsibility for management of registered natural area preserves shall be with the preserve owner.  A voluntary management agreement may be developed between the department and the owners of the sites on the register.

      (d) Any public agency may register lands under provisions of this chapter.

Sec. 32.  RCW 79.71.120 and 1997 c 371 s 1 are each amended to read as follows:

      The property currently designated as the Elk river natural area preserve is transferred from management under chapter 79.70 RCW as a natural area preserve to management under chapter 79.71 RCW as a natural resources conservation area.  The legislature finds that hunting is a suitable low-impact public use within the Elk river natural resources conservation area.  The department of natural resources shall incorporate this legislative direction into the management plan developed for the Elk river natural resources conservation area.  ((The department shall work with the department of fish and wildlife to identify hunting opportunities compatible with the area's conservation purposes.))

Sec. 33.  RCW 79.105.500 and 2007 c 341 s 58 are each amended to read as follows:

      The legislature finds that the department provides, manages, and monitors aquatic land dredged material disposal sites on state-owned aquatic lands for materials dredged from rivers, harbors, and shipping lanes.  These disposal sites ((are)) should be approved through a cooperative planning process by the department((s of natural resources and ecology)), the United States army corps of engineers, and the United States environmental protection agency ((in cooperation with the Puget Sound partnership)).  These disposal sites are essential to the commerce and well-being of the citizens of the state of Washington.  Management and environmental monitoring of these sites are necessary to protect environmental quality and to ((assure)) ensure appropriate use of state-owned aquatic lands.  The creation of an aquatic land dredged material disposal site account is a reasonable means to enable and facilitate proper management and environmental monitoring of these disposal sites.

Sec. 34.  RCW 79.125.710 and 2005 c 155 s 517 are each amended to read as follows:

      Whenever application is made to the department by any incorporated city or town or metropolitan park district for the use of any state- owned tidelands or shorelands within the corporate limits of the city or town or metropolitan park district for municipal park and/or playground purposes, the department shall cause the application to be entered in the records of its office, and shall then forward the application to the governor, who shall appoint a committee of five representative citizens of the city or town, in addition to the commissioner ((and the director of ecology, both of)), whom shall be an ex officio member((s)) of the committee, to investigate the lands and determine whether they are suitable and needed for park or playground purposes; and, if they so find, the commissioner shall certify to the governor that the property shall be deeded, when in accordance with RCW 79.125.200 and 79.125.700, to the city or town or metropolitan park district and the governor shall then execute a deed in the name of the state of Washington, attested by the secretary of state, conveying the use of the lands to the city or town or metropolitan park district for park or playground purposes for so long as it shall continue to hold, use, and maintain the lands for park or playground purposes.

Sec. 35.  RCW 79.125.730 and 2005 c 155 s 519 are each amended to read as follows:

      The ((director of ecology)) commissioner, in addition to serving as an ex officio member of the committee, is authorized and directed to assist the city or town or metropolitan park district in the development and decoration of any lands so conveyed and to furnish trees, grass, flowers, and shrubs ((therefor)).

Sec. 36.  RCW 79.135.130 and 2005 c 155 s 703 are each amended to read as follows:

      (1) The department, upon the receipt of an application for a lease for the purpose of planting and cultivating oyster beds or for the purpose of cultivating clams or other edible shellfish, shall ((notify the director of fish and wildlife of the filing of the application describing the tidelands or beds of navigable waters applied for.  The director of fish and wildlife shall)) cause an inspection of the lands applied for ((to be made and shall make a full report to the department of the director's findings as to whether it is necessary,)) in order to protect existing natural oyster beds, and to secure adequate seeding of the lands, to retain the lands described in the application for lease or any part of the lands, and in the event the ((director)) department deems it advisable to retain the lands or any part of the lands for the protection of existing natural oyster beds or to guarantee the continuance of an adequate seed stock for existing natural oyster beds, the lands shall not be subject to lease.  However, if the ((director)) department determines that the lands applied for or any part of the lands may be leased, the ((director)) department shall ((so notify the department and the director shall)) cause an examination of the lands to be made to determine the presence, if any, of natural oysters, clams, or other edible shellfish on the lands, and to fix the rental value of the lands for use for oyster, clam, or other edible shellfish cultivation.  In the report ((to)), the department((, the director)) shall recommend a minimum rental for the lands and an estimation of the value of the oysters, clams, or other edible shellfish, if any, then present on the lands applied for.  The lands approved by the ((director)) department for lease may then be leased to the applicant for a period of not less than five years nor more than ten years at a rental not less than the minimum ((rental)) recommended ((by the director of fish and wildlife)) rent.  In addition, before entering upon possession of the land, the applicant shall pay the value of the oysters, clams, or other edible shellfish, if any, then present on the land as determined by the ((director)) department, plus the expense incurred by the ((director)) department in investigating the quantity of oysters, clams, or other edible shellfish, present on the land applied for.

      (2) When issuing new leases or reissuing existing leases the department shall not permit the commercial harvest of subtidal hardshell clams by means of hydraulic escalating when the upland within five hundred feet of any lease tract is zoned for residential development.

Sec. 37.  RCW 79.135.140 and 2005 c 155 s 704 are each amended to read as follows:

      Before entering into possession of any leased tidelands or beds of navigable waters, the applicant shall have the lands surveyed by a registered land surveyor, and the applicant shall furnish to the department ((and to the director of fish and wildlife,)) a map of the leased premises signed and certified by the registered land surveyor.  The lessee shall also mark the boundaries of the leased premises by piling monuments or other markers of a permanent nature ((as the director of fish and wildlife may direct)).

Sec. 38.  RCW 79.135.150 and 2005 c 155 s 705 are each amended to read as follows:

      The department may, upon the filing of an application for a renewal lease, inspect the tidelands or beds of navigable waters, and if the department deems it in the best interests of the state to re-lease the lands, the department shall issue to the applicant a renewal lease for a further period not exceeding thirty years and under the terms and conditions as may be determined by the department.  However, in the case of an application for a renewal lease it shall not be necessary for the lands to be inspected and reported upon by the ((director of fish and wildlife)) department.

Sec. 39.  RCW 79.135.320 and 2005 c 155 s 712 are each amended to read as follows:

      (1) ((In the event that the fish and wildlife commission approves the vacation of the whole or any part of a reserve,)) The department may vacate and offer for lease the parts or all of the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of the lands shall be paid to the department.

      (2) Notwithstanding RCW 77.60.020, subsection (1) of this section, or any other provision of state law, the state oyster reserves in Eld Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston counties shall permanently be designated as state oyster reserve lands.

Sec. 40.  RCW 79.135.410 and 2005 c 155 s 715 are each amended to read as follows:

      (1) The maximum daily wet weight harvest or possession of seaweed for personal use from all state-owned aquatic lands and all privately owned tidelands is ten pounds per person.  The department ((in cooperation with the department of fish and wildlife)) may establish seaweed harvest limits of less than ten pounds for conservation purposes.  This section shall in no way affect the ability of any state agency to prevent harvest of any species of marine aquatic plant from lands under its control, ownership, or management.

      (2) Except as provided under subsection (3) of this section, commercial harvesting of seaweed from state-owned aquatic lands, and all privately owned tidelands is prohibited.  This subsection shall in no way affect commercial seaweed aquaculture.

      (3) Upon ((mutual)) approval by the department ((and the department of fish and wildlife)), seaweed species of the genus Macrocystis may be commercially harvested for use in the herring spawn-on-kelp fishery.

      (4) Importation of seaweed species of the genus Macrocystis into Washington state for the herring spawn-on-kelp fishery is subject to the fish and shellfish disease control policies ((of the department of fish and wildlife)).  Macrocystis shall not be imported from areas with fish or shellfish diseases associated with organisms that are likely to be transported with Macrocystis.  The department shall incorporate this policy on Macrocystis importation into its overall fish and shellfish disease control policies.

Sec. 41.  RCW 79A.05.255 and 2000 c 48 s 1 and 2000 c 11 s 35 are each reenacted and amended to read as follows:

      (1) There is created a winter recreation advisory committee to advise the parks and recreation commission in the administration of this chapter and to assist and advise the commission in the development of winter recreation facilities and programs.

      (2) The committee shall consist of:

      (a) Six representatives of the nonsnowmobiling winter recreation public appointed by the commission, including a resident of each of the six geographical areas of this state where nonsnowmobiling winter recreation activity occurs, as defined by the commission.

      (b) Three representatives of the snowmobiling public appointed by the commission.

      (c) One ((representative of the department of natural resources, one representative of the department of fish and wildlife, and one)) representative of ((the Washington state association of counties, each of whom shall be)) a statewide private association generally representing the interests of county legislative bodies and executives appointed by the director ((of the particular department or association)).

      (3) The terms of the members appointed under subsection (2)(a) and (b) of this section shall begin on October 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies for the remainder of the unexpired term:  PROVIDED, That the first of these members shall be appointed for terms as follows:  Three members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years.

      (4) Members of the committee shall be reimbursed from the winter recreational program account created by RCW 79A.05.235 for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (5) The committee shall meet at times and places it determines not less than twice each year and additionally as required by the committee chair or by majority vote of the committee.  The chair of the committee shall be chosen under procedures adopted by the committee.  The committee shall adopt any other procedures necessary to govern its proceedings.

      (6) The director of parks and recreation or the director's designee shall serve as secretary to the committee and shall be a nonvoting member.

Sec. 42.  RCW 79A.05.351 and 2007 c 176 s 2 are each amended to read as follows:

      (1) The outdoor education and recreation grant program is hereby created, subject to the availability of funds in the outdoor education and recreation account.  The commission shall establish and implement the program by rule to provide opportunities for public agencies, private nonprofit organizations, formal school programs, nonformal after-school programs, and community-based programs to receive grants from the account.  Programs that provide outdoor education opportunities to schools shall be fully aligned with the state's essential academic learning requirements.

      (2) The program shall be phased in beginning with the schools and students with the greatest needs in suburban, rural, and urban areas of the state.  The program shall focus on students who qualify for free and reduced‑price lunch, who are most likely to fail academically, or who have the greatest potential to drop out of school.

      (3) The director shall set priorities and develop criteria for the awarding of grants to outdoor environmental, ecological, agricultural, or other natural resource-based education and recreation programs considering at least the following:

      (a) Programs that contribute to the reduction of academic failure and dropout rates;

      (b) Programs that make use of research-based, effective environmental, ecological, agricultural, or other natural resource- based education curriculum;

      (c) Programs that contribute to healthy life styles through outdoor recreation and sound nutrition;

      (d) Various Washington state parks as venues and use of the commission's personnel as a resource;

      (e) Programs that maximize the number of participants that can be served;

      (f) Programs that will commit matching and in-kind resources;

      (g) Programs that create partnerships with public and private entities;

      (h) Programs that provide students with opportunities to directly experience and understand nature and the natural world; and

      (i) Programs that include ongoing program evaluation, assessment, and reporting of their effectiveness.

      (4) The director shall create an advisory committee to assist and advise the commission in the development and administration of the outdoor education and recreation program.  The director should solicit representation on the committee from ((the office of the superintendent of public instruction, the department of fish and wildlife,)) the business community, outdoor organizations with an interest in education, and any others the commission deems sufficient to ensure a cross section of stakeholders.  When the director creates such an advisory committee, its members shall be reimbursed from the outdoor education and recreation program account for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (5) The outdoor education and recreation program account is created in the custody of the state treasurer.  Funds deposited in the outdoor education and recreation program account shall be transferred only to the commission to be used solely for the commission's outdoor education and recreation program purposes identified in this section including the administration of the program.  The director may accept gifts, grants, donations, or moneys from any source for deposit in the outdoor education and recreation program account.  Any public agency in this state may develop and implement outdoor education and recreation programs.  The director may make grants to public agencies and contract with any public or private agency or person to develop and implement outdoor education and recreation programs.  The outdoor education and recreation program account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 43.  RCW 79A.05.360 and 1999 c 249 s 1301 are each amended to read as follows:

      The commission may establish a system of underwater parks to provide for diverse recreational diving opportunities and to conserve and protect unique marine resources of the state of Washington.  In establishing and maintaining an underwater park system, the commission may:

      (1) Plan, construct, and maintain underwater parks;

      (2) Acquire property and enter management agreements with other units of state government for the management of lands, tidelands, and bedlands as underwater parks;

      (3) Construct artificial reefs and other underwater features to enhance marine life and recreational uses of an underwater park;

      (4) Accept gifts and donations for the benefit of underwater parks;

      (5) Facilitate private efforts to construct artificial reefs and underwater parks;

      (6) Work with the federal government((,)) and local governments ((and other appropriate agencies of state government, including but not limited to:  The department of natural resources, the department of fish and wildlife and the natural heritage council)) to carry out the purposes of this chapter; and

      (7) Contract with other state agencies or local governments for the management of an underwater park unit.

Sec. 44.  RCW 79A.60.520 and 2007 c 341 s 56 are each amended to read as follows:

      The commission((, in consultation with the departments of ecology, fish and wildlife, natural resources, social and health services, and the Puget Sound partnership)) shall conduct a literature search and analyze pertinent studies to identify areas which are polluted or environmentally sensitive within the state's waters.  Based on this review the commission shall designate appropriate areas as polluted or environmentally sensitive, for the purposes of chapter 393, Laws of 1989 only.

Sec. 45.  RCW 79A.60.550 and 1993 c 244 s 34 are each amended to read as follows:

      The ((department of ecology, in consultation with the)) commission((,)) shall, for initiation of the statewide program only, develop criteria by rule for the design, installation, and operation of sewage pumpout and dump units, taking into consideration the ease of access to the unit by the boating public.  ((The department of ecology may adopt rules to administer the provisions of this section.))

Sec. 46.  RCW 79A.60.620 and 2000 c 11 s 114 are each amended to read as follows:

      (1) The Washington sea grant program((, in consultation with the department of ecology,)) shall develop and conduct a voluntary spill prevention education program that targets small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.  Washington sea grant shall coordinate the spill prevention education program with recreational boater education performed by the state parks and recreation commission.

      (2) The spill prevention education program shall illustrate ways to reduce oil contamination of bilge water, accidental spills of hydraulic fluid and other hazardous substances during routine maintenance, and reduce spillage during refueling.  The program shall illustrate proper disposal of oil and hazardous substances and promote strategies to meet shoreside oil and hazardous substance handling, and disposal needs of the targeted groups.  The program shall include a series of training workshops and the development of educational materials.

Sec. 47.  RCW 79A.05.285 and 1999 c 249 s 907 are each amended to read as follows:

      The commission is authorized to evaluate and acquire land under RCW ((79.01.612 in cooperation with the department of natural resources)) 79.10.030.

Sec. 48.  RCW 79A.30.050 and 1995 c 200 s 6 are each amended to read as follows:

      (((1) If the authority and state agencies find it mutually beneficial to do so, they are authorized to collaborate and cooperate on projects of shared interest.  Agencies authorized to collaborate with the authority include but are not limited to:  The commission for activities and projects related to public recreation; the department of agriculture for projects related to the equine agricultural industry; the department of community, trade, and economic development with respect to community and economic development and tourism issues associated with development of the state horse park; Washington State University with respect to opportunities for animal research, education, and extension; the department of ecology with respect to opportunities for making the state horse park's waste treatment facilities a demonstration model for the handling of waste to protect water quality; and with local community colleges with respect to programs related to horses, economic development, business, and tourism.

      (2))) The authority shall cooperate with 4-H clubs, pony clubs, youth groups, and local park departments to provide youth recreational activities.  The authority shall also provide for preferential use of an area of the horse park facility for youth and ((the disabled)) individuals with disabilities at nominal cost.

Sec. 49.  RCW 79A.50.090 and 1969 ex.s. c 247 s 2 are each amended to read as follows:

      The department of natural resources shall ((not rescind the withdrawal of)) have reasonable access across all public land in any existing and future state park ((nor sell any timber or other valuable material therefrom or grant any right-of-way or easement thereon, except as provided in the withdrawal order or for off-site drilling, without the concurrence of the state parks and recreation commission.

      The department of natural resources shall have reasonable access across such lands)) in order to reach other public lands administered by the department of natural resources.

Sec. 50.  RCW 79A.50.100 and 1995 c 399 s 209 are each amended to read as follows:

      (1) A public hearing may be held prior to any withdrawal of state trust lands and shall be held prior to any revocation of withdrawal or modification of withdrawal of state trust lands used for recreational purposes by the department of natural resources ((or by other state agencies)).

      (2) The department of natural resources shall cause notice of the withdrawal, revocation of withdrawal or modification of withdrawal of state trust lands as described in subsection (1) of this section to be published by advertisement once a week for four weeks prior to the public hearing in at least one newspaper published and of general circulation in the county or counties in which the state trust lands are situated, and by causing a copy of said notice to be posted in a conspicuous place in the department's Olympia office, in the district office in which the land is situated, and in the office of the county auditor in the county where the land is situated thirty days prior to the public hearing.  The notice shall specify the time and place of the public hearing and shall describe with particularity each parcel of state trust lands involved in said hearing.

      (3) The board of natural resources shall administer the hearing according to its prescribed rules and regulations.

      (4) The board of natural resources shall determine the most beneficial use or combination of uses of the state trust lands.  ((Its decision will be conclusive as to the matter:  PROVIDED, HOWEVER, That said decisions as to uses shall conform to applicable state plans and policy guidelines adopted by the department of community, trade, and economic development.))

Sec. 51.  RCW 79A.15.110 and 2007 c 241 s 36 are each amended to read as follows:

      ((A state)) The recreation and conservation office or a local agency shall review the proposed project application with the county or city with jurisdiction over the project area prior to applying for funds for the acquisition of property under this chapter.  The appropriate county or city legislative authority may, at its discretion, submit a letter to the board identifying the authority's position with regard to the acquisition project.  The board shall make the letters received under this section available to the governor and the legislature when the prioritized project list is submitted under RCW 79A.15.120, 79A.15.060, and 79A.15.070.

Sec. 52.  RCW 78.44.280 and 1999 c 252 s 2 are each amended to read as follows:

      Surface disturbances caused by an underground metals mining and milling operation are subject to the requirements of this chapter if the operation is proposed after June 30, 1999.  An operation is proposed when an agency is presented with an application for an operation or expansion of an existing operation having a probable significant adverse environmental impact under chapter 43.21C RCW.  The department ((of ecology)) shall retain authority for reclamation of surface disturbances caused by an underground operation operating at any time prior to June 30, 1999((, unless the operator requests that authority for reclamation of surface disturbances caused by such operation be transferred to the department under the requirements of this chapter)).

Sec. 53.  RCW 78.52.125 and 1994 sp.s. c 9 s 822 are each amended to read as follows:

      Any person desiring or proposing to drill any well in search of oil or gas, when such drilling would be conducted through or under any surface waters of the state, shall prepare and submit an environmental impact statement upon such form as the department of ((ecology)) natural resources shall prescribe at least one hundred and twenty days prior to commencing the drilling of any such well.  Within ninety days after receipt of such environmental statement the department of ((ecology)) natural resources shall ((prepare and submit to the department of natural resources a report examining)) examine the potential environmental impact of the proposed well and recommendations for department action thereon.  If after consideration of the report the department of natural resources determines that the proposed well is likely to have a substantial environmental impact the drilling permit for such well may be denied.

      The department of natural resources shall require sufficient safeguards to minimize the hazards of pollution of all surface and ground waters of the state.  If safeguards acceptable to the department of natural resources cannot be provided the drilling permit shall be denied.

Sec. 54.  RCW 78.56.040 and 1994 c 232 s 4 are each amended to read as follows:

      The department of ((ecology)) natural resources shall require each applicant submitting a checklist pursuant to chapter 43.21C RCW for a metals mining and milling operation to disclose the ownership and each controlling interest in the proposed operation.  The applicant shall also disclose all other mining operations within the United States which the applicant operates or in which the applicant has an ownership or controlling interest.  In addition, the applicant shall disclose and may enumerate and describe the circumstances of:  (1) Any past or present bankruptcies involving the ownerships and their subsidiaries, (2) any abandonment of sites regulated by the model toxics control act, chapter 70.105D RCW, or other similar state remedial cleanup programs, or the federal comprehensive environmental response, compensation, and liability act, 42 U.S.C. Sec. 9601 et seq., as amended, (3) any penalties in excess of ten thousand dollars assessed for violations of the provisions of 33 U.S.C. Sec. 1251 et seq. or 42 U.S.C. Sec. 7401 et seq., and (4) any previous forfeitures of financial assurance due to noncompliance with reclamation or remediation requirements.  This information shall be available for public inspection and copying at the department of ((ecology)) natural resources.  Ownership or control of less than ten percent of the stock of a corporation shall not by itself constitute ownership or a controlling interest under this section.

Sec. 55.  RCW 78.56.050 and 1994 c 232 s 5 are each amended to read as follows:

      (1) An environmental impact statement must be prepared for any proposed metals mining and milling operation.  The department of ((ecology)) natural resources shall be the lead agency in coordinating the environmental review process under chapter 43.21C RCW and in preparing the environmental impact statement, except for uranium and thorium operations regulated under Title 70 RCW.

      (2) As part of the environmental review of metals mining and milling operations regulated under this chapter, the applicant shall provide baseline data adequate to document the premining conditions at the proposed site of the metals mining and milling operation.  The baseline data shall contain information on the elements of the natural environment identified in rules adopted pursuant to chapter 43.21C RCW.

      (3) The department of ((ecology, after consultation with the department of fish and wildlife,)) natural resources shall incorporate measures to mitigate significant probable adverse impacts to fish and wildlife as part of the ((department of ecology's)) department's permit requirements for the proposed operation.

      (4) In conducting the environmental review and preparing the environmental impact statement, the department of ((ecology)) natural resources shall cooperate with all affected local governments to the fullest extent practicable.

Sec. 56.  RCW 78.56.060 and 1994 c 232 s 6 are each amended to read as follows:

      The department of ((ecology)) natural resources will appoint a metals mining coordinator.  The coordinator will maintain current information on the status of any metals mining and milling operation regulated under this chapter from the preparation of the environmental impact statement through the permitting, construction, operation, and reclamation phases of the project or until the proposal is no longer active.  The coordinator shall also maintain current information on postclosure activities.  The coordinator will act as a contact person for the applicant, the operator, and interested members of the public.  The coordinator may also assist agencies with coordination of their inspection and monitoring responsibilities.

Sec. 57.  RCW 78.56.080 and 1997 c 170 s 1 are each amended to read as follows:

      (1) The metals mining account is created in the state treasury.  Expenditures from this account are subject to appropriation.  Expenditures from this account may only be used for:  (a) The additional inspections of metals mining and milling operations required by RCW 78.56.070 and (b) the metals mining coordinator established in RCW 78.56.060.

      (2)(((a))) As part of its normal budget development process and in consultation with the metals mining industry, the department of ((ecology)) natural resources shall estimate the costs required ((for the department)) to meet its obligations for the additional inspections of metals mining and milling operations required by chapter 232, Laws of 1994.  The department shall also estimate the cost of employing the metals mining coordinator established in RCW 78.56.060.

      (((b) As part of its normal budget development process and in consultation with the metals mining industry, the department of natural resources shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operations required by chapter 232, Laws of 1994.))

      (3) Based on the cost estimates generated by the department of ((ecology and the department of)) natural resources, the department ((of ecology)) shall establish the amount of a fee to be paid by each active metals mining and milling operation regulated under this chapter.  The fee shall be established at a level to fully recover the direct and indirect costs of the ((agency)) department's responsibilities identified in subsection (2) of this section.  The amount of the fee for each operation shall be proportional to the number of visits required per site.  Each applicant for a metals mining and milling operation shall also be assessed the fee based on the same criterion.  The department ((of ecology)) may adjust the fees established in this subsection if unanticipated activity in the industry increases or decreases the amount of funding necessary to meet ((agencies')) the agency's inspection responsibilities.

      (4) The department of ((ecology)) natural resources shall collect the fees established in subsection (3) of this section.  All moneys from these fees shall be deposited into the metals mining account.

Sec. 58.  RCW 78.56.090 and 1994 c 232 s 9 are each amended to read as follows:

      (1) In the processing of an application for an initial waste discharge permit for a tailings facility pursuant to the requirements of chapter 90.48 RCW, the department of ((ecology)) natural resources shall consider site-specific criteria in determining a preferred location of tailings facilities of metals mining and milling operations and incorporate the requirements of all known available and reasonable methods in order to maintain the highest possible standards to insure the purity of all waters of the state in accordance with the public policy identified by RCW 90.48.010.

      In implementing the siting criteria, the department shall take into account the objectives of the proponent's application relating to mining and milling operations.  These objectives shall consist of, but not be limited to (a) operational feasibility, (b) compatibility with optimum tailings placement methods, (c) adequate volume capacity, (d) availability of construction materials, and (e) an optimized embankment volume.

      (2) To meet the mandate of subsection (1) of this section, siting of tailings facilities shall be accomplished through a two-stage process that consists of a primary alternatives screening phase, and a secondary technical site investigation phase.

      (3) The primary screening phase will consist of, but not be limited to, siting criteria based on considerations as to location as follows:

      (a) Proximity to the one hundred year floodplain, as indicated in the most recent federal emergency management agency maps;

      (b) Proximity to surface and ground water;

      (c) Topographic setting;

      (d) Identifiable adverse geologic conditions, such as landslides and active faults; and

      (e) Visibility impacts of the public generally and residents more particularly.

      (4) The department of ((ecology)) natural resources, through the primary screening process, shall reduce the available tailings facility sites to one or more feasible locations whereupon a technical site investigation phase shall be conducted by the department for the purpose of verifying the adequacy of the remaining potential sites.  The technical site investigations phase shall consist of, but not be limited to, the following:

      (a) Soil characteristics;

      (b) Hydrologic characteristics;

      (c) A local and structural geology evaluation, including seismic conditions and related geotechnical investigations;

      (d) A surface water control analysis; and

      (e) A slope stability analysis.

      (5) Upon completion of the two phase evaluation process set forth in this section, the department of ((ecology)) natural resources shall issue a site selection report on the preferred location.  This report shall address the above criteria as well as analyze the feasibility of reclamation and stabilization of the tailings facility.  The siting report may recommend mitigation or engineering factors to address siting concerns.  The report shall be developed in conjunction with the preparation of and contained in an environmental impact statement prepared pursuant to chapter 43.21C RCW.  The report may be utilized by the department of ecology for the purpose of providing information related to the suitability of the site and for ruling on an application for a waste discharge permit.

      (6) The department of ((ecology)) natural resources may, at its discretion, require the applicant to provide the information required in either phase one or phase two as described in subsections (3) and (4) of this section.

Sec. 59.  RCW 78.56.100 and 1994 c 232 s 10 are each amended to read as follows:

      (1) In order to receive a waste discharge permit from the department of ((ecology)) natural resources pursuant to the requirements of chapter 90.48 RCW or in order to operate a metals mining and milling tailing facility, an applicant proposing a metals mining and milling operation regulated under this chapter must meet the following additional requirements:

      (a) Any tailings facility shall be designed and operated to prevent the release of pollution and must meet the following standards:

      (i) Operators shall apply all known available and reasonable technology to limit the concentration of potentially toxic materials in the tailings facility to assure the protection of wildlife and human health;

      (ii) The tailings facility shall have a containment system that includes an engineered liner system, leak detection and leak collection elements, and a seepage collection impoundment to assure that a leak of any regulated substance under chapter 90.48 RCW will be detected before escaping from the containment system.  The design and management of the facility must ensure that any leaks from the tailings facility are detected in a manner which allows for remediation pursuant to chapter 90.48 RCW.  The applicant shall prepare a detailed engineering report setting forth the facility design and construction.  The applicant shall submit the report to the department of ((ecology)) natural resources for its review and approval of a design as determined by the department.  Natural conditions, such as depth to groundwater or net rainfall, shall be taken into account in the facility design, but not in lieu of the protection required by the engineered liner system;

      (iii) The toxicity of mine or mill tailings and the potential for long-term release of regulated substances from mine or mill tailings shall be reduced to the greatest extent practicable through stabilization, removal, or reuse of the substances; and

      (iv) The closure of the tailings facility shall provide for isolation or containment of potentially toxic materials and shall be designed to prevent future release of regulated substances contained in the impoundment;

      (b) The applicant must develop a waste rock management plan approved by the department of ((ecology and the department of)) natural resources which emphasizes pollution prevention.  At a minimum, the plan must contain the following elements:

      (i) An accurate identification of the acid generating properties of the waste rock;

      (ii) A strategy for encapsulating potentially toxic material from the environment, when appropriate, in order to prevent the release of heavy metals and acidic drainage; and

      (iii) A plan for reclaiming and closing waste rock sites which minimizes infiltration of precipitation and runoff into the waste rock and which is designed to prevent future releases of regulated substances contained within the waste rock;

      (c) If an interested citizen or citizen group so requests of the department of ((ecology)) natural resources, the metals mining and milling operator or applicant shall work with the department ((of ecology)) and the interested party to make arrangements for citizen observation and verification in the taking of required water samples.  While it is the intent of this subsection to provide for citizen observation and verification of water sampling activities, it is not the intent of this subsection to require additional water sampling and analysis on the part of the mining and milling operation or the department.  The citizen observation and verification program shall be incorporated into the applicant's, operator's, or department's normal sampling regimen and shall occur at least once every six months.  There is no duty of care on the part of the state or its employees to any person who participates in the citizen observation and verification of water sampling under chapter 232, Laws of 1994 and the state and its employees shall be immune from any civil lawsuit based on any injuries to or claims made by any person as a result of that person's participation in such observation and verification of water sampling activities.  The metals mining and milling operator or applicant shall not be liable for any injuries to or claims made by any person which result from that person coming onto the property of the metals mining and milling operator or applicant as an observer pursuant to chapter 232, Laws of 1994.  The results from these and all other relevant water sampling activities shall be kept on file with the relevant county and shall be available for public inspection during normal working hours; and

      (d) An operator or applicant for a metals mining and milling operation must complete a voluntary reduction plan in accordance with RCW 70.95C.200.

      (2) Only those tailings facilities constructed after April 1, 1994, must meet the requirement established in subsection (1)(a) of this section.  Only those waste rock holdings constructed after April 1, 1994, must meet the requirement established in subsection (1)(b) of this section.

Sec. 60.  RCW 78.56.110 and 1995 c 223 s 1 are each amended to read as follows:

      (1) The department of ((ecology)) natural resources shall not issue necessary permits to an applicant for a metals mining and milling operation until the applicant has deposited with the department ((of ecology)) a performance security which is acceptable to the department ((of ecology)) based on the requirements of subsection (2) of this section.  This performance security may be:

      (a) Bank letters of credit;

      (b) A cash deposit;

      (c) Negotiable securities;

      (d) An assignment of a savings account;

      (e) A savings certificate in a Washington bank; or

      (f) A corporate surety bond executed in favor of the department of ecology by a corporation authorized to do business in the state of Washington under Title 48 RCW.

      The department of ((ecology)) natural resources may, for any reason, refuse any performance security not deemed adequate.

      (2) The performance security shall be conditioned on the faithful performance of the applicant or operator in meeting the following obligations:

      (a) Compliance with the environmental protection laws of the state of Washington administered by the department of ((ecology)) natural resources, or permit conditions administered by the department ((of ecology)), associated with the construction, operation, and closure pertaining to metals mining and milling operations, and with the related environmental protection ordinances and permit conditions established by local government when requested by local government;

      (b) Reclamation of metals mining and milling operations that do not meet the threshold of surface mining as defined by RCW 78.44.031(17);

      (c) Postclosure environmental monitoring as determined by the department of ((ecology)) natural resources; and

      (d) Provision of sufficient funding as determined by the department of ((ecology)) natural resources for cleanup of potential problems revealed during or after closure.

      (3) The department of ((ecology)) natural resources may, if it deems appropriate, adopt rules for determining the amount of the performance security, requirements for the performance security, requirements for the issuer of the performance security, and any other requirements necessary for the implementation of this section.

      (4) The department of ((ecology)) natural resources may increase or decrease the amount of the performance security at any time to compensate for any alteration in the operation that affects meeting the obligations in subsection (2) of this section.  At a minimum, the department shall review the adequacy of the performance security every two years.

      (5) Liability under the performance security shall be maintained until the obligations in subsection (2) of this section are met to the satisfaction of the department of ((ecology)) natural resources.  Liability under the performance security may be released only upon written notification by the department ((of ecology)).

      (6) Any interest or appreciation on the performance security shall be held by the department of ((ecology)) natural resources until the obligations in subsection (2) of this section have been met to the satisfaction of the department ((of ecology)).  At such time, the interest shall be remitted to the applicant or operator.  However, if the applicant or operator fails to comply with the obligations of subsection (2) of this section, the interest or appreciation may be used by the department ((of ecology)) to comply with the obligations.

      (7) ((Only one agency may require a performance security to satisfy the deposit requirements of RCW 78.44.087, and only one agency may require a performance security to satisfy the deposit requirements of this section.  However,)) A single performance security, when acceptable to ((both the department of ecology and)) the department of natural resources, may be utilized ((by both agencies)) to satisfy the requirements of this section and RCW 78.44.087.

Sec. 61.  RCW 78.56.120 and 1995 c 223 s 2 are each amended to read as follows:

      The department of ((ecology)) natural resources may, with staff, equipment, and material under its control, or by contract with others, remediate or mitigate any impact of a metals mining and milling operation when it finds that the operator or permit holder has failed to comply with relevant statutes, rules, or permits, and the operator or permit holder has failed to take adequate or timely action to rectify these impacts.

      If the department intends to remediate or mitigate such impacts, the department shall issue an order to submit performance security requiring the permit holder or surety to submit to the department the amount of moneys posted pursuant to RCW 78.56.110.  If the amount specified in the order to submit performance security is not paid within twenty days after issuance of the notice, the attorney general upon request of the department shall bring an action on behalf of the state in a superior court to recover the amount specified and associated legal fees.

      The department may proceed at any time after issuing the order to submit performance security to remediate or mitigate adverse impacts.

      The department shall keep a record of all expenses incurred in carrying out any remediation or mitigation activities authorized under this section, including:

      (1) Remediation or mitigation;

      (2) A reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized; and

      (3) Administrative and legal expenses related to remediation or mitigation.

      The department shall refund to the surety or permit holder all amounts received in excess of the amount of expenses incurred.  If the amount received is less than the expenses incurred, the attorney general, upon request of the department of ((ecology)) natural resources, may bring an action against the permit holder on behalf of the state in the superior court to recover the remaining costs listed in this section.

Sec. 62.  RCW 78.56.160 and 1998 c 245 s 161 are each amended to read as follows:

      (1) Until June 30, 1996, there shall be a moratorium on metals mining and milling operations using the heap leach extraction process.  The department of natural resources ((and the department of ecology)) shall ((jointly)) review the existing laws and regulations pertaining to the heap leach extraction process for their adequacy in safeguarding the environment.

      (2) Metals mining using the process of in situ extraction is permanently prohibited in the state of Washington.

Sec. 63.  RCW 78.60.070 and 2007 c 338 s 1 are each amended to read as follows:

      (1) Any person proposing to drill a well or redrill an abandoned well for geothermal resources shall file with the department a written application for a permit to commence such drilling or redrilling on a form prescribed by the department accompanied by a permit fee of two hundred dollars.  ((The department shall forward a duplicate copy to the department of ecology within ten days of filing.))

      (2) Upon receipt of a proper application relating to drilling or redrilling the department shall set a date, time, and place for a public hearing on the application, which hearing shall be in the county in which the drilling or redrilling is proposed to be made, and shall instruct the applicant to publish notices of such application and hearing by such means and within such time as the department shall prescribe.  The department shall require that the notice so prescribed shall be published twice in a newspaper of general circulation within the county in which the drilling or redrilling is proposed to be made and in such other appropriate information media as the department may direct.

      (3) Any person proposing to drill a core hole for the purpose of gathering geothermal data, including but not restricted to heat flow, temperature gradients, and rock conductivity, shall be required to obtain a single permit for each core hole according to subsection (1) of this section, including a permit fee for each core hole, but no notice need be published, and no hearing need be held.  Such core holes that penetrate more than seven hundred and fifty feet into bedrock shall be deemed geothermal test wells and subject to the payment of a permit fee and to the requirement in subsection (2) of this section for public notices and hearing.  In the event geothermal energy is discovered in a core hole, the hole shall be deemed a geothermal well and subject to the permit fee, notices, and hearing.  Such core holes as described by this subsection are subject to all other provisions of this chapter, including a bond or other security as specified in RCW 78.60.130.

      (4) All moneys paid to the department under this section shall be deposited with the state treasurer for credit to the general fund.

Sec. 64.  RCW 78.60.080 and 1974 ex.s. c 43 s 8 are each amended to read as follows:

      A permit shall be granted only if the department is satisfied that the area is suitable for the activities applied for; that the applicant will be able to comply with the provisions of this chapter and the rules and regulations enacted hereunder; and that a permit would be in the best interests of the state.

      The department shall not allow operation of a well under permit if it finds that the operation of any well will unreasonably decrease groundwater available for prior water rights in any aquifer or other groundwater source for water for beneficial uses, unless such affected water rights are acquired by condemnation, purchase or other means.

      The department shall have the authority to condition the permit as it deems necessary to carry out the provisions of this chapter, including but not limited to conditions to reduce any environmental impact.

      ((The department shall forward a copy of the permit to the department of ecology within five days of issuance.))

Sec. 65.  RCW 78.60.100 and 2007 c 338 s 2 are each amended to read as follows:

      Any well or core hole drilled under authority of this chapter from which:

      (1) It is not technologically practical to derive the energy to produce electricity commercially, or the owner or operator has no intention of deriving energy to produce electricity commercially, and

      (2) Usable minerals cannot be derived, or the owner or operator has no intention of deriving usable minerals, shall be plugged and abandoned as provided in this chapter or, upon the owner's or operator's written application to the department ((of natural resources and with the concurrence and approval of the department of ecology)), jurisdiction over the well may be transferred to the department ((of ecology)) and, in such case, the well shall no longer be subject to the provisions of this chapter but shall be subject to any applicable laws and rules relating to wells drilled for appropriation and use of groundwaters.  If an application is made to transfer jurisdiction, a copy of all logs, records, histories, and descriptions shall be provided to the department ((of ecology)) by the applicant.

Sec. 66.  RCW 90.03.247 and 2003 c 39 s 48 are each amended to read as follows:

      Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to protect the levels or flows.  No agency may establish minimum flows and levels or similar water flow or level restrictions for any stream or lake of the state other than the department of ecology whose authority to establish is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040.  The provisions of other statutes, including but not limited to RCW ((77.55.100)) 77.55.021 and chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent with this section.  In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development ((by the department of ecology)) of minimum flow proposals, consult with, and carefully consider the recommendations of((, the department of fish and wildlife, the department of community, trade, and economic development, the department of agriculture, and representatives of the)) affected Indian tribes.  ((Nothing herein shall preclude the department of fish and wildlife, the department of community, trade, and economic development, or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of fish and wildlife, the department of community, trade, and economic development, and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs.))

Sec. 67.  RCW 90.03.280 and 1994 c 264 s 83 are each amended to read as follows:

      Upon receipt of a proper application, the department shall instruct the applicant to publish notice thereof in a form and within a time prescribed by the department in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use is to be made, and in such other newspapers as the department may direct, once a week for two consecutive weeks.  ((Upon receipt by the department of an application it shall send notice thereof containing pertinent information to the director of fish and wildlife.))

Sec. 68.  RCW 90.03.290 and 2001 c 239 s 1 are each amended to read as follows:

      (1) When an application complying with the provisions of this chapter and with the rules of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied.  If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation.  If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public.

      (2)(a) If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary.  If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified.  If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent, and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit.

      (b) For any application for which a preliminary permit was issued and for which the availability of water was directly affected by a moratorium on further diversions from the Columbia river during the years from 1990 to 1998, the preliminary permit is extended through June 30, 2002.  If such an application and preliminary permit were canceled during the moratorium, the application and preliminary permit shall be reinstated until June 30, 2002, if the application and permit:  (i) Are for providing regional water supplies in more than one urban growth area designated under chapter 36.70A RCW and in one or more areas near such urban growth areas, or the application and permit are modified for providing such supplies, and (ii) provide or are modified to provide such regional supplies through the use of existing intake or diversion structures.  The authority to modify such a canceled application and permit to accomplish the objectives of (b)(i) and (ii) of this subsection is hereby granted.

      (3) The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied:  PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes.  But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for.

      (4) If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit.  Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application.  In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application.  After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470((:  PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance)).

Sec. 69.  RCW 90.03.360 and 1994 c 264 s 85 are each amended to read as follows:

      (1) The owner or owners of any water diversion shall maintain, to the satisfaction of the department of ecology, substantial controlling works and a measuring device constructed and maintained to permit accurate measurement and practical regulation of the flow of water diverted.  Every owner or manager of a reservoir for the storage of water shall construct and maintain, when required by the department, any measuring device necessary to ascertain the natural flow into and out of said reservoir.

      Metering of diversions or measurement by other approved methods shall be required as a condition for all new surface water right permits, and except as provided in subsection (2) of this section, may be required as a condition for all previously existing surface water rights.  The department may also require, as a condition for all water rights, metering of diversions, and reports regarding such metered diversions as to the amount of water being diverted.  Such reports shall be in a form prescribed by the department.

      (2) Where water diversions are from waters in which the salmonid stock status is depressed or critical, as determined by the department of fish and wildlife, or where the volume of water being diverted exceeds one cubic foot per second, the department shall require metering or measurement by other approved methods as a condition for all new and previously existing water rights or claims.  The department shall attempt to integrate the requirements of this subsection into its existing compliance workload priorities, but shall prioritize the requirements of this subsection ahead of the existing compliance workload where a delay may cause the decline of wild salmonids.  ((The department shall notify the department of fish and wildlife of the status of fish screens associated with these diversions.))  This subsection (2) shall not apply to diversions for public or private hatcheries or fish rearing facilities if the diverted water is returned directly to the waters from which it was diverted.

Sec. 70.  RCW 90.03.590 and 2003 1st sp.s. c 5 s 16 are each amended to read as follows:

      (1) On a pilot project basis, the department may enter into a watershed agreement with one or more municipal water suppliers in water resource inventory area number one to meet the objectives established in a water resource management program approved or being developed under chapter 90.82 RCW with the consent of the initiating governments of the water resource inventory area.  The term of an agreement may not exceed ten years, but the agreement may be renewed or amended upon agreement of the parties.

      (2) A watershed agreement must be consistent with:

      (a) Growth management plans developed under chapter 36.70A RCW where these plans are adopted and in effect;

      (b) Water supply plans and small water system management programs approved under chapter 43.20 or 70.116 RCW;

      (c) Coordinated water supply plans approved under chapter 70.116 RCW; and

      (d) Water use efficiency and conservation requirements and standards established by the state department of health or such requirements and standards as are provided in an approved watershed plan, whichever are the more stringent.

      (3) A watershed agreement must:

      (a) Require the public water system operated by the participating municipal water supplier to meet obligations under the watershed plan;

      (b) Establish performance measures and timelines for measures to be completed;

      (c) Provide for monitoring of stream flows and metering of water use as needed to ensure that the terms of the agreement are met; and

      (d) Require annual reports from the water users regarding performance under the agreement.

      (4) As needed to implement watershed agreement activities, the department may provide or receive funding, or both, under its existing authorities.

      (5) The department must provide opportunity for public review of a proposed agreement before it is executed.  The department must make proposed and executed watershed agreements and annual reports available on the department's internet web site.

      (6) The department must consult with affected local governments ((and the state departments of health and fish and wildlife)) before executing an agreement.

      (7) Before executing a watershed agreement, the department must conduct a government-to-government consultation with affected tribal governments.  The municipal water suppliers operating the public water systems that are proposing to enter into the agreements must be invited to participate in the consultations.  During these consultations, the department and the municipal water suppliers shall explore the potential interest of the tribal governments or governments in participating in the agreement.

      (8) Any person aggrieved by the department's failure to satisfy the requirements in subsection (3) of this section as embodied in the department's decision to enter into a watershed agreement under this section may, within thirty days of the execution of such an agreement, appeal the department's decision to the pollution control hearings board under chapter 43.21B RCW.

      (9) Any projects implemented by a municipal water system under the terms of an agreement reached under this section may be continued and maintained by the municipal water system after the agreement expires or is terminated as long as the conditions of the agreement under which they were implemented continue to be met.

      (10) Before December 31, 2003, and December 31, 2004, the department must report to the appropriate committees of the legislature the results of the pilot project provided for in this section.  Based on the experience of the pilot project, the department must offer any suggested changes in law that would improve, facilitate, and maximize the implementation of watershed plans adopted under this chapter.

Sec. 71.  RCW 90.16.050 and 2007 c 286 s 1 are each amended to read as follows:

      (1) Every person, firm, private or municipal corporation, or association hereinafter called "claimant", claiming the right to the use of water within or bordering upon the state of Washington for power development, shall on or before the first day of January of each year pay to the state of Washington in advance an annual license fee, based upon the theoretical water power claimed under each and every separate claim to water according to the following schedule:

      (a) For projects in operation:  For each and every theoretical horsepower claimed up to and including one thousand horsepower, at the rate of eighteen cents per horsepower; for each and every theoretical horsepower in excess of one thousand horsepower, up to and including ten thousand horsepower, at the rate of three and six-tenths cents per horsepower; for each and every theoretical horsepower in excess of ten thousand horsepower, at the rate of one and eight-tenths cents per horsepower.

      (b) For federal energy regulatory commission projects in operation, the following fee schedule applies in addition to the fees in (a) of this subsection:  For each theoretical horsepower of capacity up to and including one thousand horsepower, at the rate of thirty‑two cents per horsepower; for each theoretical horsepower in excess of one thousand horsepower, up to and including ten thousand horsepower, at the rate of six and four-tenths cents per horsepower; for each theoretical horsepower in excess of ten thousand horsepower, at the rate of three and two-tenths cents per horsepower.

      (c) To justify the appropriate use of fees collected under (b) of this subsection, the department of ecology shall submit a progress report to the appropriate committees of the legislature prior to December 31, 2009, and biennially thereafter until December 31, 2017.

      (i) The progress report will:  (A) Describe how license fees were expended in the federal energy regulatory commission licensing process during the current biennium, and expected workload and full-time equivalent employees for federal energy regulatory commission licensing in the next biennium; (B) include any recommendations based on consultation with ((the departments of ecology and fish and wildlife,)) hydropower project operators((,)) and other interested parties; and (C) recognize hydropower operators that exceed their environmental regulatory requirements.

      (ii) The fees required in (b) of this subsection expire June 30, 2017.  The biennial progress reports submitted by the department of ecology will serve as a record for considering the extension of the fee structure in (b) of this subsection.

      (2) The following are exceptions to the fee schedule in subsection (1) of this section:

      (a) For undeveloped projects, the fee shall be at one-half the rates specified for projects in operation; for projects partly developed and in operation the fees paid on that portion of any project that shall have been developed and in operation shall be the full annual license fee specified in subsection (1) of this section for projects in operation, and for the remainder of the power claimed under such project the fees shall be the same as for undeveloped projects. 

      (b) The fees required in subsection (1) of this section do not apply to any hydropower project owned by the United States.

      (c) The fees required in subsection (1) of this section do not apply to the use of water for the generation of fifty horsepower or less.

      (d) The fees required in subsection (1) of this section for projects developed by an irrigation district in conjunction with the irrigation district's water conveyance system shall be reduced by fifty percent to reflect the portion of the year when the project is not operable.

      (e) Any irrigation district or other municipal subdivision of the state, developing power chiefly for use in pumping of water for irrigation, upon the filing of a statement showing the amount of power used for irrigation pumping, is exempt from the fees in subsection (1) of this section to the extent of the power used for irrigation pumping.

Sec. 72.  RCW 90.16.090 and 2007 c 286 s 2 are each amended to read as follows:

      (1) All fees paid under provisions of this chapter, shall be credited by the state treasurer to the reclamation account created in RCW 89.16.020 and subject to legislative appropriation, be allocated and expended by the director of ecology for:

      (a) Investigations and surveys of natural resources in cooperation with the federal government, or independently thereof, including stream gaging, hydrographic, topographic, river, underground water, mineral and geological surveys; and

      (b) Expenses associated with staff at the department((s)) of ecology ((and fish and wildlife)) working on federal energy regulatory commission relicensing and license implementation.

      (2) Unless otherwise required by the omnibus biennial appropriations acts, the expenditures for these purposes must be proportional to the revenues collected under RCW 90.16.050(1).

Sec. 73.  RCW 90.22.010 and 1997 c 32 s 4 are each amended to read as follows:

      The department of ecology may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recreational or aesthetic values of said public waters whenever it appears to be in the public interest to establish the same.  In addition, the department of ecology shall((, when requested by the department of fish and wildlife to)) protect fish, game, or other wildlife resources ((under the jurisdiction of the requesting state agency)), or if the department of ecology finds it necessary to preserve water quality, establish such minimum flows or levels as are required to protect the resource or preserve the water quality ((described in the request or determination)).  ((Any request submitted by the department of fish and wildlife shall include a statement setting forth the need for establishing a minimum flow or level.))  When the department acts to preserve water quality, it shall include a ((similar)) statement setting forth the need for establishing a minimum flow or level with the proposed rule filed with the code reviser.  This section shall not apply to waters artificially stored in reservoirs, provided that in the granting of storage permits by the department of ecology in the future, full recognition shall be given to downstream minimum flows, if any there may be, which have theretofore been established hereunder.

Sec. 74.  RCW 90.22.020 and 1994 c 264 s 87 are each amended to read as follows:

      Flows or levels authorized for establishment under RCW 90.22.010, or subsequent modification thereof by the department shall be provided for through the adoption of rules.  Before the establishment or modification of a water flow or level for any stream or lake or other public water, the department shall hold a public hearing in the county in which the stream, lake, or other public water is located.  If it is located in more than one county the department shall determine the location or locations therein and the number of hearings to be conducted.  Notice of the hearings shall be given by publication in a newspaper of general circulation in the county or counties in which the stream, lake, or other public waters is located, once a week for two consecutive weeks before the hearing.  The notice shall include the following:

      (1) The name of each stream, lake, or other water source under consideration;

      (2) The place and time of the hearing;

      (3) A statement that any person, including any private citizen or public official, may present his or her views either orally or in writing.

      ((Notice of the hearing shall also be served upon the administrators of the departments of social and health services, natural resources, fish and wildlife, and transportation.))

Sec. 75.  RCW 90.22.060 and 1998 c 245 s 172 are each amended to read as follows:

      By December 31, 1993, the department of ecology shall, in cooperation with the Indian tribes, ((and the department of fish and wildlife,)) establish a statewide list of priorities for evaluation of instream flows.  In establishing these priorities, the department shall consider the achievement of wild salmonid production as its primary goal.

Sec. 76.  RCW 90.24.010 and 1999 c 162 s 1 are each amended to read as follows:

      Ten or more owners of real property abutting on a lake may petition the superior court of the county in which the lake is situated, for an order to provide for the regulation of the outflow of the lake in order to maintain a certain water level therein.  If there are fewer than ten owners, a majority of the owners abutting on a lake may petition the superior court for such an order.  The court, after ((notice to the department of fish and wildlife and)) a hearing, is authorized to make an order fixing the water level thereof and directing the department of ecology to regulate the outflow therefrom in accordance with the purposes described in the petition.  This section shall not apply to any lake or reservoir used for the storage of water for irrigation or other beneficial purposes, or to lakes navigable from the sea.

Sec. 77.  RCW 90.24.030 and 1994 c 264 s 88 are each amended to read as follows:

      The petition shall be entitled "In the matter of fixing the level of Lake . . . . . . in . . . . . . county, Washington", and shall be filed with the clerk of the court and a copy thereof, together with a copy of the order fixing the time for hearing the petition, shall be served on each owner of property abutting on the lake, not less than ten days before the hearing.  Like copies shall also be served upon ((the director of fish and wildlife and)) the director of ecology.  The copy of the petition and of the order fixing time for hearing shall be served in the manner provided by law for the service of summons in civil actions, or in such other manner as may be prescribed by order of the court.  For the benefit of every riparian owner abutting on a stream or river flowing from such lake, a copy of the notice of hearing shall be published at least once a week for two consecutive weeks before the time set for hearing in a newspaper in each county or counties wherein located, said notice to contain a brief statement of the reasons and necessity for such application.

Sec. 78.  RCW 90.24.060 and 1994 c 264 s 89 are each amended to read as follows:

      Such improvement or device in said lake for the protection of the fish and game fish therein shall be installed by and under the direction of the board of county commissioners of said county with the approval of the ((respective directors of the department of fish and wildlife and)) director of the department of ecology of the state of Washington and paid for out of the special fund provided for in RCW 90.24.050.

Sec. 79.  RCW 90.38.040 and 2001 c 237 s 29 are each amended to read as follows:

      (1) All trust water rights acquired by the department shall be placed in the Yakima river basin trust water rights program to be managed by the department.  The department shall issue a water right certificate in the name of the state of Washington for each trust water right it acquires.

      (2) Trust water rights shall retain the same priority date as the water right from which they originated.  Trust water rights may be modified as to purpose or place of use or point of diversion, including modification from a diversionary use to a nondiversionary instream use.

      (3) Trust water rights may be held by the department for instream flows, irrigation use, or other beneficial use.  Trust water rights may be acquired on a temporary or permanent basis.  To the extent practicable and subject to legislative appropriation, trust water rights acquired in an area with an approved watershed plan developed under chapter 90.82 RCW shall be consistent with that plan if the plan calls for such acquisition.

      (4) A schedule of the amount of net water saved as a result of water conservation projects carried out in accordance with this chapter, shall be developed annually to reflect the predicted hydrologic and water supply conditions, as well as anticipated water demands, for the upcoming irrigation season.  This schedule shall serve as the basis for the distribution and management of trust water rights each year.

      (5)(a) No exercise of a trust water right may be authorized unless the department first determines that no existing water rights, junior or senior in priority, will be impaired as to their exercise or injured in any manner whatever by such authorization.

      (b) Before any trust water right is exercised, the department shall publish notice thereof in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use are to be made, and in such other newspapers as the department determines are necessary, once a week for two consecutive weeks.  ((At the same time the department may also send notice thereof containing pertinent information to the director of fish and wildlife.))

      (c) Subsections (4) and (5)(b) of this section do not apply to a trust water right resulting from a donation for instream flows described in RCW 90.38.020(1)(b) or from the lease of a water right under RCW 90.38.020(6) if the period of the lease does not exceed five years.  However, the department shall provide the notice described in (b) of this subsection the first time the trust water right resulting from the donation is exercised.

      (6) RCW 90.03.380 and 90.14.140 through 90.14.910 shall have no applicability to trust water rights held by the department under this chapter or exercised under this section.

Sec. 80.  RCW 90.48.170 and 1994 c 264 s 91 are each amended to read as follows:

      Applications for permits shall be made on forms prescribed by the department and shall contain the name and address of the applicant, a description of the applicant's operations, the quantity and type of waste material sought to be disposed of, the proposed method of disposal, and any other relevant information deemed necessary by the department.  Application for permits shall be made at least sixty days prior to commencement of any proposed discharge or permit expiration date, whichever is applicable.  Upon receipt of a proper application relating to a new operation, or an operation previously under permit for which an increase in volume of wastes or change in character of effluent is requested over that previously authorized, the department shall instruct the applicant to publish notices thereof by such means and within such time as the department shall prescribe.  The department shall require that the notice so prescribed shall be published twice in a newspaper of general circulation within the county in which the disposal of waste material is proposed to be made and in such other appropriate information media as the department may direct.  Said notice shall include a statement that any person desiring to present his or her views to the department with regard to said application may do so in writing to the department, or any person interested in the department's action on an application for a permit, may submit his or her views or notify the department of his or her interest within thirty days of the last date of publication of notice.  Such notification or submission of views to the department shall entitle said persons to a copy of the action taken on the application.  ((Upon receipt by the department of an application, it shall immediately send notice thereof containing pertinent information to the director of fish and wildlife and to the secretary of social and health services.))  When an application complying with the provisions of this chapter and the rules and regulations of the department has been filed with the department, it shall be its duty to investigate the application, and determine whether the use of public waters for waste disposal as proposed will pollute the same in violation of the public policy of the state.

Sec. 81.  RCW 90.48.366 and 2007 c 347 s 1 are each amended to read as follows:

      The department((, in consultation with the departments of fish and wildlife and natural resources, and the parks and recreation commission,)) shall adopt rules establishing a compensation schedule for the discharge of oil in violation of this chapter and chapter 90.56 RCW.  The amount of compensation assessed under this schedule shall be no less than one dollar per gallon of oil spilled and no greater than one hundred dollars per gallon of oil spilled.  The compensation schedule shall reflect adequate compensation for unquantifiable damages or for damages not quantifiable at reasonable cost for any adverse environmental, recreational, aesthetic, or other effects caused by the spill and shall take into account:

      (1) Characteristics of any oil spilled, such as toxicity, dispersibility, solubility, and persistence, that may affect the severity of the effects on the receiving environment, living organisms, and recreational and aesthetic resources;

      (2) The sensitivity of the affected area as determined by such factors as:  (a) The location of the spill; (b) habitat and living resource sensitivity; (c) seasonal distribution or sensitivity of living resources; (d) areas of recreational use or aesthetic importance; (e) the proximity of the spill to important habitats for birds, aquatic mammals, fish, or to species listed as threatened or endangered under state or federal law; (f) significant archaeological resources as determined by the department of archaeology and historic preservation; and (g) other areas of special ecological or recreational importance, as determined by the department; and

      (3) Actions taken by the party who spilled oil or any party liable for the spill that:  (a) Demonstrate a recognition and affirmative acceptance of responsibility for the spill, such as the immediate removal of oil and the amount of oil removed from the environment; or (b) enhance or impede the detection of the spill, the determination of the quantity of oil spilled, or the extent of damage, including the unauthorized removal of evidence such as injured fish or wildlife.

Sec. 82.  RCW 90.48.445 and 1999 sp.s. c 11 s 1 are each amended to read as follows:

      (1) The director shall issue or approve water quality permits for use by federal, state, or local governmental agencies and licensed applicators for the purpose of using, for aquatic noxious weed control, herbicides and surfactants registered under state or federal pesticide control laws, and for the purpose of experimental use of herbicides on aquatic sites, as defined in 40 C.F.R. Sec. 172.3.  The issuance of the permits shall be subject only to compliance with:  Federal and state pesticide label requirements, the requirements of the federal insecticide, fungicide, and rodenticide act, the Washington pesticide control act, the Washington pesticide application act, and the state environmental policy act, except that:

      (a) When the director issues water quality permits for the purpose of using glyphosate and surfactants registered by the department of agriculture to control spartina, as defined by RCW 17.26.020, the water quality permits shall contain the following criteria:

      (i) Spartina treatment shall occur between June 1st and October 31st of each year unless the department((, the department of agriculture, and the department of fish and wildlife agree to add)) authorizes additional dates beyond this period, except that no aerial application shall be allowed on July 4th or Labor Day and for ground application on those days the applicator shall post signs at each corner of the treatment area;

      (ii) The applicator shall take all reasonable precautions to prevent the spraying of nontarget vegetation and nonvegetated areas;

      (iii) A period of fourteen days between treatments is required prior to re-treating the previously treated areas;

      (iv) Aerial or ground broadcast application shall not be made when the wind speed exceeds ten miles per hour; and

      (v) An application shall not be made when a tidal regime leaves the plants dry for less than four hours.

      (b) The director shall issue water quality permits for the purpose of using herbicides or surfactants registered by the department of agriculture to control aquatic noxious weeds, other than spartina, and the permit shall state that aerial and ground broadcast applications may not be made when the wind speed exceeds ten miles per hour.

      (c) The director shall issue water quality permits for the experimental use of herbicides on aquatic sites, as defined in 40 C.F.R. Sec. 172.3, when the department of agriculture has issued an experimental use permit, under the authority of RCW 15.58.405(3).  Because of the small geographic areas involved and the short duration of herbicide application, water quality permits issued under this subsection are not subject to state environmental policy act review.

      (2) Applicable requirements established in an option or options recommended for controlling the noxious weed by a final environmental impact statement published under chapter 43.21C RCW by the department prior to May 5, 1995, by the department of agriculture, or by the department of agriculture jointly with other state agencies shall be considered guidelines for the purpose of granting the permits issued under this chapter.  This section may not be construed as requiring the preparation of a new environmental impact statement to replace a final environmental impact statement published before May 5, 1995, but instead shall authorize the department of agriculture, as lead agency for the control of spartina under RCW 17.26.015, to supplement, amend, or issue addenda to the final environmental impact statement published before May 5, 1995, which may assess the environmental impact of the application of stronger concentrations of active ingredients, altered application patterns, or other changes as the department of agriculture deems appropriate.

      (3) The director of ecology may not utilize this permit authority to otherwise condition or burden weed control efforts.  Except for permits issued by the director under subsection (1)(c) of this section, permits issued under this section are effective for five years, unless a shorter duration is requested by the applicant.  The director's authority to issue water quality modification permits for activities other than the application of surfactants and approved herbicides, to control aquatic noxious weeds or the experimental use of herbicides used on aquatic sites, as defined in 40 C.F.R. Sec. 172.3, is unaffected by this section.

      (4) As used in this section, "aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080.

Sec. 83.  RCW 90.48.448 and 1999 c 255 s 3 are each amended to read as follows:

      (1) Subject to restrictions in this section, a government entity seeking to control a limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to treat the milfoil infestation, without obtaining a permit under RCW 90.48.445, if the milfoil infestation is either recently documented or remaining after the application of other control measures, and is limited to twenty percent or less of the littoral zone of the lake.  Any pesticide application made under this section must be made according to all label requirements for the product and must meet the public notice requirements of subsection (2) of this section.

      (2) Before applying 2,4-D, the government entity shall:  (a) Provide at least twenty-one days' notice to the department of ecology((, the department of fish and wildlife, the department of agriculture, the department of health,)) and all lake residents; (b) post notices of the intent to apply 2,4-D at all public access points; and (c) place informational buoys around the treatment area.

      (3) The department ((of fish and wildlife)) may impose timing restrictions on the use of 2,4-D to protect salmon and other fish and wildlife.

      (4) The department may prohibit the use of 2,4-D if the department finds the product contains dioxin in excess of the standard allowed by the United States environmental protection agency.  Sampling protocols and analysis used by the department under this section must be consistent with those used by the United States environmental protection agency for testing this product.

      (5) Government entities using this section to apply 2,4-D may apply for funds from the freshwater aquatic weeds account consistent with the freshwater aquatic weeds management program as provided in RCW 43.21A.660.

      (6) Government entities using this section shall consider development of long-term control strategies for eradication and control of the Eurasian water milfoil.

      (7) For the purpose of this section, "government entities" includes cities, counties, state agencies, tribes, special purpose districts, and county weed boards.

Sec. 84.  RCW 90.74.020 and 1997 c 424 s 3 are each amended to read as follows:

      (1) Project proponents may use a mitigation plan to propose compensatory mitigation within a watershed.  A mitigation plan shall:

      (a) Contain provisions that guarantee the long-term viability of the created, restored, enhanced, or preserved habitat, including assurances for protecting any essential biological functions and values defined in the mitigation plan;

      (b) Contain provisions for long-term monitoring of any created, restored, or enhanced mitigation site; and

      (c) Be consistent with the local comprehensive land use plan and any other applicable planning process in effect for the development area, such as an adopted subbasin or watershed plan.

      (2) The department((s)) of ecology ((and fish and wildlife)) may not limit the scope of options in a mitigation plan to areas on or near the project site, or to habitat types of the same type as contained on the project site.  The department((s)) of ecology ((and fish and wildlife)) shall fully review and give due consideration to compensatory mitigation proposals that improve the overall biological functions and values of the watershed or bay and accommodate the mitigation needs of infrastructure development.

      The department((s)) of ecology ((and fish and wildlife are)) is not required to grant approval to a mitigation plan that the department((s)) finds does not provide equal or better biological functions and values within the watershed or bay.

      (3) When making a permit or other regulatory decision under the guidance of this chapter, the department((s of ecology and fish and wildlife)) shall consider whether the mitigation plan provides equal or better biological functions and values, compared to the existing conditions, for the target resources or species identified in the mitigation plan.  This consideration shall be based upon the following factors:

      (a) The relative value of the mitigation for the target resources, in terms of the quality and quantity of biological functions and values provided;

      (b) The compatibility of the proposal with the intent of broader resource management and habitat management objectives and plans, such as existing resource management plans, watershed plans, critical areas ordinances, and shoreline master programs;

      (c) The ability of the mitigation to address scarce functions or values within a watershed;

      (d) The benefits of the proposal to broader watershed landscape, including the benefits of connecting various habitat units or providing population-limiting habitats or functions for target species;

      (e) The benefits of early implementation of habitat mitigation for projects that provide compensatory mitigation in advance of the project's planned impacts; and

      (f) The significance of any negative impacts to nontarget species or resources.

      (4) A mitigation plan may be approved through a memorandum of agreement between the project proponent and ((either)) the department of ecology ((or the department of fish and wildlife, or both)).

Sec. 85.  RCW 90.74.030 and 1997 c 424 s 4 are each amended to read as follows:

      (1) In making regulatory decisions relating to wetland or aquatic resource mitigation, the department((s of ecology and fish and wildlife)) shall, at the request of the project proponent, follow the guidance of RCW 90.74.005 through 90.74.020.

      (2) If the department of ecology ((or the department of fish and wildlife)) receives multiple requests for review of mitigation plans, ((each)) the department may schedule its review of these proposals to conform to available budgetary resources.

Sec. 86.  RCW 90.82.048 and 2003 1st sp.s. c 5 s 9 are each amended to read as follows:

      (1) The timelines and interim milestones in a detailed implementation plan required by RCW 90.82.043 must address the planned future use of existing water rights for municipal water supply purposes, as defined in RCW 90.03.015, that are inchoate, including how these rights will be used to meet the projected future needs identified in the watershed plan, and how the use of these rights will be addressed when implementing instream flow strategies identified in the watershed plan.

      (2) The watershed planning unit or other authorized lead agency shall ensure that holders of water rights for municipal water supply purposes not currently in use are asked to participate in defining the timelines and interim milestones to be included in the detailed implementation plan.

      (3) The department of health shall annually compile a list of water system plans and plan updates to be reviewed by the department during the coming year and shall ((consult with the departments of community, trade, and economic development, ecology, and fish and wildlife to)):  (a) Identify watersheds where further coordination is needed between water system planning and local watershed planning under this chapter; and (b) develop a work plan for conducting the necessary coordination.

Sec. 87.  RCW 90.90.020 and 2006 c 6 s 3 are each amended to read as follows:

      (1)(a) Water supplies secured through the development of new storage facilities made possible with funding from the Columbia river basin water supply development account shall be allocated as follows:

      (i) Two‑thirds of active storage shall be available for appropriation for out-of-stream uses; and

      (ii) One‑third of active storage shall be available to augment instream flows and shall be managed by the department of ecology.  The timing of releases of this water shall be determined by the department of ecology, in cooperation with the ((department of fish and wildlife and)) fisheries comanagers, to maximize benefits to salmon and steelhead populations.

      (b) Water available for appropriation under (a)(i) of this subsection but not yet appropriated shall be temporarily available to augment instream flows to the extent that it does not impair existing water rights.

      (2) Water developed under the provisions of this section to offset out‑of‑stream uses and for instream flows is deemed adequate mitigation for the issuance of new water rights provided for in subsection (1)(a) of this section and satisfies all consultation requirements under state law related to the issuance of new water rights.

      (3) The department of ecology shall focus its efforts to develop water supplies for the Columbia river basin on the following needs:

      (a) Alternatives to groundwater for agricultural users in the Odessa subarea aquifer;

      (b) Sources of water supply for pending water right applications;

      (c) A new uninterruptible supply of water for the holders of interruptible water rights on the Columbia river mainstem that are subject to instream flows or other mitigation conditions to protect stream flows; and

      (d) New municipal, domestic, industrial, and irrigation water needs within the Columbia river basin.

      (4) The one‑third/two‑thirds allocation of water resources between instream and out‑of‑stream uses established in this section does not apply to applications for changes or transfers of existing water rights in the Columbia river basin.

Sec. 88.  RCW 90.90.030 and 2006 c 6 s 4 are each amended to read as follows:

      (1) The department of ecology may enter into voluntary regional agreements for the purpose of providing new water for out‑of‑stream use, streamlining the application process, and protecting instream flow.

      (2) Such agreements shall ensure that:

      (a) For water rights issued from the Columbia river mainstem, there is no negative impact on Columbia river mainstem instream flows in the months of July and August as a result of the new appropriations issued under the agreement;

      (b) For water rights issued from the lower Snake river mainstem, there is no negative impact on Snake river mainstem instream flows from April through August as a result of the new appropriations issued under the agreement; and

      (c) Efforts are made to harmonize such agreements with watershed plans adopted under the authority of chapter 90.82 RCW that are applicable to the area covered by the agreement.

      (3) The protection of instream flow as set forth in subsection (2) of this section is adequate for purposes of mitigating instream flow impacts resulting from any appropriations for out‑of‑stream use made under a voluntary regional agreement, and the only applicable consultation provisions under state law regarding instream flow impacts shall be those set forth in subsection (4) of this section.

      (4) Before executing a voluntary agreement under this section, the department of ecology shall:

      (a) Provide a sixty‑day period for consultation with county legislative authorities and watershed planning groups with jurisdiction over the area where the water rights included in the agreement are located, ((the department of fish and wildlife,)) and affected tribal governments, and federal agencies.  ((The department of fish and wildlife shall provide written comments within that time period.))  The consultation process for voluntary regional agreements developed under the provisions of this section is deemed adequate for the issuance of new water rights provided for in this section and satisfies all consultation requirements under state law related to the issuance of new water rights; and

      (b) Provide a thirty‑day public review and comment period for a draft agreement, and publish a summary of any public comments received.  The thirty‑day review period shall not begin until after the department of ecology has concluded its consultation under (a) of this subsection and the comments that have been received by the department are made available to the public.

      (5) The provisions of subsection (4) of this section satisfy all applicable consultation requirements under state law.

      (6) The provisions of this section and any voluntary regional agreements developed under such provisions may not be relied upon by the department of ecology as a precedent, standard, or model that must be followed in any other voluntary regional agreements.

      (7) Nothing in this section may be interpreted or administered in a manner that precludes the processing of water right applications under chapter 90.03 or 90.44 RCW that are not included in a voluntary regional agreement.

      (8) Nothing in this section may be interpreted or administered in a manner that impairs or diminishes a valid water right or a habitat conservation plan approved for purposes of compliance with the federal endangered species act.

      (9) The department of ecology shall monitor and evaluate the water allocated to instream and out‑of‑stream uses under this section, evaluate the program, and provide an interim report to the appropriate committees of the legislature by June 30, 2008.  A final report shall be provided to the appropriate committees of the legislature by June 30, 2011.

      (10) If the department of ecology executes a voluntary agreement under this section that includes water rights appropriated from the lower Snake river mainstem, the department shall develop aggregate data in accordance with the provisions of RCW 90.90.050 for the lower Snake river mainstem.

      (11) Any agreement entered into under this section shall remain in full force and effect through the term of the agreement regardless of the expiration of this section.

      (12) The definitions in this subsection apply to this section and RCW 90.90.050, and may only be used for purposes of implementing these sections.

      (a) "Columbia river mainstem" means all water in the Columbia river within the ordinary high water mark of the main channel of the Columbia river between the border of the United States and Canada and the Bonneville dam, and all groundwater within one mile of the high water mark.

      (b) "Lower Snake river mainstem" means all water in the lower Snake river within the ordinary high water mark of the main channel of the lower Snake river from the head of Ice Harbor pool to the confluence of the Snake and Columbia rivers, and all groundwater within one mile of the high water mark.

      (13) This section expires June 30, 2012.

NEW SECTION.  Sec. 89.  RCW 77.55.121 is recodified as a section in chapter 76.09 RCW.

NEW SECTION.  Sec. 90.  The following acts or parts of acts are each repealed:

      (1) RCW 79.13.610 (Grazing lands--Fish and wildlife goals-- Technical advisory committee--Implementation) and 1998 c 245 s 162 & 1993 sp.s. c 4 s 5;

      (2) RCW 79.105.220 (Lease of tidelands in front of public parks) and 2005 c 155 s 145, 2002 c 152 s 2, & 1984 c 221 s 5;

      (3) RCW 79.135.230 (Intensive management plan for geoducks) and 2005 c 155 s 718, 1994 c 264 s 74, & 1984 c 221 s 26;

      (4) RCW 79.135.310 (Inspection by director of fish and wildlife) and 2005 c 155 s 711, 1994 c 264 s 71, & 1982 1st ex.s. c 21 s 143;

      (5) RCW 79.135.430 (Seaweed--Enforcement) and 2005 c 155 s 717, 2003 c 334 s 444, 1994 c 286 s 3, & 1993 c 283 s 5;

      (6) RCW 79.145.030 (Coordinating implementation‑-Rules) and 2005 c 155 s 903, 1994 c 264 s 65, & 1989 c 23 s 3;

      (7) RCW 79A.05.670 (Consultation with government agencies required) and 1999 c 249 s 1102 & 1988 c 75 s 8;

      (8) RCW 79A.05.735 (Mt. Si conservation area‑-Management) and 2000 c 11 s 60, 1994 c 264 s 23, 1988 c 36 s 17, & 1977 ex.s. c 306 s 3;

      (9) RCW 79A.50.070 (State lands used for state parks‑-Certain funds appropriated for rental to be deposited without deduction for management purposes) and 1969 ex.s. c 189 s 3;

      (10) RCW 76.09.160 (Right of entry by department of ecology) and 1974 ex.s. c 137 s 16; and

(11) RCW 77.12.360 (Withdrawal of state land from lease‑- Compensation) and 1980 c 78 s 54, 1969 ex.s. c 129 s 3, & 1955 c 36 s 77.12.360."

Correct the title.

 

      Representative Orcutt spoke in favor of the adoption of the amendment.

 

      Representative Linville spoke against the adoption of the amendment.

 

Amendment (1605) was not adopted.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Alexander, Linville, Orcutt and Seaquist spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 6578.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6578 and the bill passed the House by the following vote: Yeas, 95; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

Voting nay: Representatives Cody and Nelson.

Excused: Representative Condotta.

 

SECOND SUBSTITUTE SENATE BILL NO. 6578 having received the necessary constitutional majority, was declared passed.

 

      SENATE BILL NO. 6870, by Senator Hargrove

 

      Containing costs for services to sexually violent predators.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Kagi and Dammeier spoke in favor of the passage of the bill.

 

      Representative Hasegawa spoke against the passage of the bill.

 

      There being no objection, the House deferred action on SENATE BILL NO. 6870 and the bill held its place on the second reading calendar.

 

      There being no objection, House Rule 13 (C) was suspended allowing the House to work past 10:00 p.m.

 

      There being no objection, the House reverted to the fourth order of business.

 

INTRODUCTIONS AND FIRST READING

 

SSB 6572        by Senate Committee on Ways & Means (originally sponsored by Senator Tom)

 

AN ACT Relating to eliminating accounts; amending RCW 43.105.805, 43.110.080, 28A.650.035, 28B.135.040, 28B.135.010, and 43.79A.040; reenacting and amending RCW 43.84.092; creating new sections; repealing RCW 28B.20.468, 28B.20.470, 28B.30.275, 28B.120.050, 39.35C.100, 41.05.510, 43.72.906, 43.99I.100, 43.99I.110, 43.99J.080, 43.105.830, 43.110.090, 47.01.310, 47.26.325, 47.26.330, 50.65.150, and 73.40.060; and providing an effective date.

 

2SSB 6675      by Senate Committee on Ways & Means (originally sponsored by Senators Murray, Pflug, Shin, Kastama, Kohl-Welles and Kilmer)

 

AN ACT Relating to creating the Washington global health technologies and product development competitiveness program and allowing certain tax credits for program contributions; amending RCW 43.79A.040; and adding a new chapter to Title 43 RCW.

 

SSB 6712        by Senate Committee on Ways & Means (originally sponsored by Senators Hobbs, Shin and Kilmer)

 

AN ACT Relating to extending expiring tax incentives for certain clean alternative fuel vehicles, producers of certain biofuels, and federal aviation regulation part 145 certificated repair stations; amending RCW 82.04.250, 82.08.809, 82.12.809, 84.36.635, 84.36.640, and 82.29A.135; repealing 2008 c 81 s 19 (uncodified); repealing 2007 c 54 s 30 (uncodified); repealing 2006 c 177 s 14 (uncodified); repealing 2005 c 296 s 6 (uncodified); repealing 2007 c 54 s 5; and providing an expiration date.

 

SB 6855  by Senators McDermott and Kohl-Welles

 

AN ACT Relating to exempting community centers from property taxation and imposing leasehold excise taxes on such property; amending RCW 84.36.010, 82.29A.010, and 82.29A.030; and creating a new section.

 

Referred to Committee on Finance.

 

There being no objection, SUBSTITUTE SENATE BILL NO. 6572, SECOND SUBSTITUTE SENATE BILL NO. 6675 and SUBSTITUTE SENATE BILL NO. 6712 were read the first time, and under suspension of the rules were placed on the second reading calendar, and SENATE BILL NO. 6855 was read the first time and referred to the committee on Finance.

 

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

 

SECOND READING

 

      HOUSE BILL NO. 2617, by Representatives Driscoll, Chase, Hunt, Wallace, Williams, Maxwell, White, Kelley, Carlyle, Simpson, Seaquist and Moeller

 

      Eliminating certain boards and commissions.

 

      The bill was read the second time.

 

There being no objection, Second Substitute House Bill No. 2617 was substituted for House Bill No. 2617 and the second substitute bill was placed on the second reading calendar.

 

SECOND SUBSTITUTE HOUSE BILL NO. 2617 was read the second time.

 

Representative Miloscia moved the adoption of amendment (1613).

 

      On page 126, beginning on line 12, strike all material on line 12 and all of section 144     

Renumber the remaining sections consecutively and correct any internal references accordingly.  Correct the title.

 

      Representatives Miloscia, Hunt and Armstrong spoke in favor of the adoption of the amendment.

 

Amendment (1613) was adopted.

 

Representative Driscoll moved the adoption of amendment (1617).

 

      On page 139, after line 9, insert the following:

      "Sec. 151.  RCW 43.03.050 and 2003 1st sp.s. c 25 s 915 are each amended to read as follows:

      (1) The director of financial management shall prescribe reasonable allowances to cover reasonable and necessary subsistence and lodging expenses for elective and appointive officials and state employees while engaged on official business away from their designated posts of duty.  The director of financial management may prescribe and regulate the allowances provided in lieu of subsistence and lodging expenses and may prescribe the conditions under which reimbursement for subsistence and lodging may be allowed.  The schedule of allowances adopted by the office of financial management may include special allowances for foreign travel and other travel involving higher than usual costs for subsistence and lodging.  The allowances established by the director shall not exceed the rates set by the federal government for federal employees.  However, during the 2003-05 fiscal biennium, the allowances for any county that is part of a metropolitan statistical area, the largest city of which is in another state, shall equal the allowances prescribed for that larger city.

      (2) Those persons appointed to serve without compensation on any state board, commission, or committee, if entitled to payment of travel expenses, shall be paid pursuant to special per diem rates prescribed in accordance with subsection (1) of this section by the office of financial management.

      (3) The director of financial management may prescribe reasonable allowances to cover reasonable expenses for meals, coffee, and light refreshment served to elective and appointive officials and state employees regardless of travel status at a meeting where:  (a) The purpose of the meeting is to conduct official state business or to provide formal training to state employees or state officials; (b) the meals, coffee, or light refreshment are an integral part of the meeting or training session; (c) the meeting or training session takes place away from the employee's or official's regular workplace; and (d) the agency head or authorized designee approves payments in advance for the meals, coffee, or light refreshment.  In order to prevent abuse, the director may regulate such allowances and prescribe additional conditions for claiming the allowances.

      (4) Upon approval of the agency head or authorized designee, an agency may serve coffee or light refreshments at a meeting where:  (a) The purpose of the meeting is to conduct state business or to provide formal training that benefits the state; and (b) the coffee or light refreshment is an integral part of the meeting or training session.  The director of financial management shall adopt requirements necessary to prohibit abuse of the authority authorized in this subsection.

      (5) The schedule of allowances prescribed by the director under the terms of this section and any subsequent increases in any maximum allowance or special allowances for areas of higher than usual costs shall be reported to the ways and means committees of the house of representatives and the senate at each regular session of the legislature.

      (6) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class one through class three or class five board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund.  Exceptions may be granted under section 605, chapter 3, Laws of 2010.

Sec. 152.  RCW 43.03.220 and 1984 c 287 s 2 are each amended to read as follows:

      (1) Any part-time board, commission, council, committee, or other similar group which is established by the executive, legislative, or judicial branch to participate in state government and which functions primarily in an advisory, coordinating, or planning capacity shall be identified as a class one group.

      (2) Absent any other provision of law to the contrary, no money beyond the customary reimbursement or allowance for expenses may be paid by or through the state to members of class one groups for attendance at meetings of such groups. 

      (3) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class one board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund.  Exceptions may be granted under section 605, chapter 3, Laws of 2010.  Class one groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law. Meetings that require a member's physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management.  

      (4) Beginning July 1, 2010, through June 30, 2011, class one groups that are funded by sources other than the state general fund, are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel.

Sec. 153.  RCW 43.03.230 and 2001 c 315 s 11 are each amended to read as follows:

      (1) Any agricultural commodity board or commission established pursuant to Title 15 or 16 RCW shall be identified as a class two group for purposes of compensation.

      (2) Except as otherwise provided in this section, each member of a class two group is eligible to receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group.  A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.

      (3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group.

      (4) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class two board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund.  Exceptions may be granted under section 605, chapter 3, Laws of 2010.  Class two groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law.  Meetings that require a member's physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management.

      (5) Beginning July 1, 2010, through June 30, 2011, class two groups that are funded by sources other than the state general fund, are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel.    

Sec. 154.  RCW 43.03.240 and 1984 c 287 s 4 are each amended to read as follows:

      (1) Any part-time, statutory board, commission, council, committee, or other similar group which has rule-making authority, performs quasi judicial functions, has responsibility for the administration or policy direction of a state agency or program, or performs regulatory or licensing functions with respect to a specific profession, occupation, business, or industry shall be identified as a class three group for purposes of compensation.

      (2) Except as otherwise provided in this section, each member of a class three group is eligible to receive compensation in an amount not to exceed fifty dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group.  A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.

      (3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group.

      (4) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class three board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund.  Exceptions may be granted under section 605, chapter 3, Laws of 2010.  Class three groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law.  Meetings that require a member's physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management.

      (5) Beginning July 1, 2010, through June 30, 2011, class three groups that are funded by sources other than the state general fund, are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel.    

   Sec. 155.  RCW 43.03.250 and 1984 c 287 s 5 are each amended to read as follows:

      (1) A part-time, statutory board, commission, council, committee, or other similar group shall be identified as a class four group for purposes of compensation if the group:

      (a) Has rule-making authority, performs quasi-judicial functions, or has responsibility for the administration or policy direction of a state agency or program;

      (b) Has duties that are deemed by the legislature to be of overriding sensitivity and importance to the public welfare and the operation of state government; and

      (c) Requires service from its members representing a significant demand on their time that is normally in excess of one hundred hours of meeting time per year.

      (2) Each member of a class four group is eligible to receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group.  A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.

      (3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group.

      (4) Beginning July 1, 2010, through June 30, 2011, class four groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law.  Meetings that require a member's physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management.

Sec. 156.  RCW 43.03.265 and 1999 c 366 s 1 are each amended to read as follows:

      (1) Any part-time commission that has rule-making authority, performs quasi-judicial functions, has responsibility for the policy direction of a health profession credentialing program, and performs regulatory and licensing functions with respect to a health care profession licensed under Title 18 RCW shall be identified as a class five group for purposes of compensation.

      (2) Except as otherwise provided in this section, each member of a class five group is eligible to receive compensation in an amount not to exceed two hundred fifty dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group.  A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.

      (3) Compensation may be paid a member under this section only if it is necessarily incurred in the course of authorized business consistent with the responsibilities of the commission established by law.

      (4) Beginning July 1, 2010, through June 30, 2011, no person designated as a member of a class five board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund.  Exceptions may be granted under section 605, chapter 3, Laws of 2010.  Class five groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law.  Meetings that require a member's physical presence at one location must be held in state facilities whenever possible, and meetings conducted using private facilities must be approved by the director of the office of financial management.

      (5) Beginning July 1, 2010, through June 30, 2011, class five groups that are funded by sources other than the state general fund, are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel.

      NEW SECTION. Sec. 157.  (1) The director of financial management shall provide the following information on each permanent and temporary, statutory and non-statutory board, commission, council, committee, or other similar group established by the executive and judicial branches of state government and report the information to the appropriate policy and fiscal committees of the senate and the house of representatives by September 1, 2010:

      (a) Actual annual costs for fiscal years 2008 and 2009 for:

      (i) Agency staff support;

      (ii) Travel and lodging allowances;

      (iii) Compensation payments for designated members; and

      (iv) Other meeting expenses; and

      (b) The sources of funds used to pay costs for each board, commission, council, committee, or other similar group.

      (2) This section expires December 31, 2010."

     

      Renumber the remaining sections consecutively and correct any internal references accordingly.  Correct the title.

On page 139, line 17, after "126" strike "and 133 through 148" and insert ", 133 through 148, and 151 through 156"

 

      Representative Driscoll spoke in favor of the adoption of the amendment.

 

Amendment (1617) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Driscoll, Armstrong and Hunt spoke in favor of the passage of the bill.

 

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2617.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2617, and the bill passed the House by the following vote: Yeas, 96; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

Voting nay: Representative Hasegawa.

Excused: Representative Condotta.

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2617, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 3186, by Representatives Pettigrew, Walsh, Williams, Hunt, Green, Dickerson, Kagi, Goodman, Orwall, Liias, Seaquist, White and Appleton

 

      Concerning the taxation of community residential services. Revised for 1st Substitute: Imposing a tax on home and community based services to fund services for seniors and people with disabilities.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 3186 was substituted for House Bill No. 3186 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 3186 was read the second time.