BILL REQ. #: Z-0969.3
| State of Washington | 61st Legislature | 2010 Regular Session |
Prefiled 01/08/10. Read first time 01/11/10. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to eliminating boards and commissions; amending RCW 28C.18.050, 28C.18.090, 43.03.027, 43.03.028, 34.12.100, 42.17.370, 43.03.040, 70.94.6528, 43.63A.760, 18.250.010, 18.250.020, 18.250.060, 70.47.040, 39.10.210, 39.10.230, 39.10.250, 39.10.270, 39.10.280, 39.10.290, 39.10.320, 39.10.350, 39.10.430, 39.10.460, 43.131.408, 39.04.350, 18.205.020, 18.205.060, 43.121.100, 43.121.175, 43.121.180, 28A.300.520, 43.215.065, 72.09.495, 74.04.800, 74.13.031, 74.13.031, 74.13.031, 74.13.031, 74.15.050, 74.15.060, 41.04.033, 41.04.0331, 41.04.0332, 72.78.030, 43.101.380, 43.105.052, 82.58.020, 46.20.100, 46.82.280, 46.82.330, 46.82.420, 72.23.025, 70.168.030, 70.168.050, 70.168.060, 70.168.130, 18.76.050, 18.73.030, 18.73.101, 41.50.088, 41.50.770, 41.50.780, 41.34.020, 41.34.040, 41.34.070, 41.34.130, 41.34.140, 43.33A.135, 36.70C.030, 18.44.011, 18.44.195, 18.44.221, 18.44.251, 15.76.110, 15.76.150, 13.40.462, 43.70.555, 74.14A.060, 74.14C.050, 70.112.010, 70.112.020, 43.43.934, 43.43.962, 38.52.530, 49.26.120, 48.62.061, 48.62.161, 28B.76.280, 18.280.010, 18.280.030, 18.280.050, 18.280.060, 18.280.070, 18.280.080, 18.280.110, 18.280.120, 18.280.130, 43.330.090, 2.56.031, 13.40.510, 43.105.041, 43.105.805, 43.105.820, 18.225.010, 18.225.040, 16.57.353, 18.50.045, 18.50.060, 18.50.105, 77.12.670, 77.12.690, 77.08.045, 19.146.225, 46.20.520, 18.36A.020, 18.36A.080, 18.36A.110, 46.09.020, 90.56.005, 90.56.060, 43.30.820, 18.210.010, 18.210.050, 18.210.060, 70.118.110, 18.200.010, 18.200.050, 18.200.070, 70.104.090, 15.92.070, 17.21.020, 80.24.060, 81.24.090, 43.20A.890, 18.140.010, 18.140.030, 18.140.160, 18.140.170, 77.95.100, 77.95.180, 77.95.190, 17.10.010, 17.10.040, 17.10.070, 17.10.074, 17.10.080, 17.10.090, 17.10.100, 17.10.130, 17.10.160, 17.10.201, 17.10.210, 17.10.235, 17.10.250, 17.10.260, 17.10.350, 17.15.020, 17.26.006, 17.26.015, 77.60.130, 79A.25.320, 79A.25.340, 70.95.030, 43.21A.520, 70.105.010, 70.105.160, 46.16.316, 46.16.715, 46.16.725, 46.16.745, 46.16.755, 46.16.775, 46.16.30901, 46.16.30903, 46.16.30905, 46.16.30907, 46.16.30909, 46.16.30911, 46.16.30913, 46.16.30914, 46.16.30916, 46.16.30918, 46.16.30920, 46.16.30922, 46.16.30924, 46.16.30926, 46.16.30928, 43.370.020, 43.370.030, 46.01.325, 46.01.140, 43.60A.170, 43.131.406, 43.60A.010, 70.119A.180, 90.86.030, 18.104.040, 18.104.043, 18.104.049, 18.104.100, 18.104.200, 28C.04.390, 28C.04.420, and 43.15.020; amending 2005 c 158 s 3 (uncodified); reenacting and amending RCW 74.15.030, 18.71.205, 43.21B.005, 43.105.020, and 46.16.233; adding new sections to chapter 43.215 RCW; creating a new section; recodifying RCW 43.121.170, 43.121.175, and 43.121.180; repealing RCW 28B.50.254, 18.250.030, 39.10.220, 39.10.240, 39.10.260, 43.34.080, 18.205.080, 43.121.010, 43.121.015, 43.121.020, 43.121.030, 43.121.040, 43.121.050, 43.121.060, 43.121.070, 43.121.080, 43.121.110, 43.121.120, 43.121.130, 43.121.140, 43.121.150, 43.121.160, 43.121.910, 43.63A.068, 70.96A.070, 43.101.310, 43.101.315, 43.101.320, 43.101.325, 43.101.330, 43.101.335, 43.101.340, 43.101.345, 43.105.055, 46.82.300, 70.168.020, 18.73.040, 18.73.050, 41.50.086, 43.21L.005, 43.21L.010, 43.21L.020, 43.21L.030, 43.21L.040, 43.21L.050, 43.21L.060, 43.21L.070, 43.21L.080, 43.21L.090, 43.21L.100, 43.21L.110, 43.21L.120, 43.21L.130, 43.21L.140, 43.21L.900, 43.21L.901, 18.44.500, 18.44.510, 15.76.170, 70.190.005, 70.190.010, 70.190.020, 70.190.030, 70.190.040, 70.190.050, 70.190.060, 70.190.065, 70.190.070, 70.190.075, 70.190.080, 70.190.085, 70.190.090, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, 70.190.160, 70.190.170, 70.190.180, 70.190.190, 70.190.910, 70.190.920, 70.112.030, 70.112.040, 70.112.050, 43.43.932, 43.43.936, 79A.25.220, 70.105E.070, 70.105E.090, 48.62.051, 48.62.041, 28B.76.100, 18.280.040, 10.98.200, 10.98.210, 10.98.220, 10.98.230, 10.98.240, 43.105.800, 43.105.810, 18.225.060, 18.225.070, 16.57.015, 43.360.040, 18.50.140, 18.50.150, 77.12.680, 19.146.280, 18.36A.070, 46.09.280, 90.56.120, 90.56.130, 18.210.040, 18.210.070, 70.118.100, 18.200.060, 43.09.430, 43.09.435, 43.09.440, 43.09.445, 43.09.450, 43.09.455, 43.09.460, 17.15.040, 17.21.230, 17.21.240, 17.21.250, 17.21.260, 17.21.270, 70.104.070, 70.104.080, 81.88.140, 42.56.140, 18.140.230, 18.140.240, 18.140.250, 77.95.110, 77.95.120, 17.10.030, 70.95.040, 70.95.050, 70.95.070, 70.105.060, 46.16.705, 46.01.320, 43.60A.180, 46.38.010, 46.38.020, 46.38.030, 46.38.040, 46.38.050, 46.38.060, 46.38.070, 46.38.080, 46.38.090, 70.119A.160, 18.104.190, 46.39.010, 46.39.020, 27.34.360, 27.34.365, 27.34.370, 27.34.375, and 27.34.380; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 RCW 28B.50.254 (Advisory council on adult
education -- Workforce training and education coordinating board to
monitor) and 1991 c 238 s 19 are each repealed.
Sec. 2 RCW 28C.18.050 and 1995 c 130 s 3 are each amended to read
as follows:
(1) The board shall be designated as the state board of vocational
education as provided for in P.L. 98-524, as amended, and shall perform
such functions as is necessary to comply with federal directives
pertaining to the provisions of such law.
(2) The board shall perform the functions of the human resource
investment council as provided for in the federal job training
partnership act, P.L. 97-300, as amended.
(3) The board shall provide policy advice for any federal act
pertaining to workforce development that is not required by state or
federal law to be provided by another state body.
(4) Upon enactment of new federal initiatives relating to workforce
development, the board shall advise the governor and the legislature on
mechanisms for integrating the federal initiatives into the state's
workforce development system and make recommendations on the
legislative or administrative measures necessary to streamline and
coordinate state efforts to meet federal guidelines.
(5) The board shall monitor for consistency with the state
comprehensive plan for workforce training and education the policies
and plans established by the state job training coordinating council((,
the advisory council on adult education,)) and the Washington state
plan for adult basic education, and provide guidance for making such
policies and plans consistent with the state comprehensive plan for
workforce training and education.
Sec. 3 RCW 28C.18.090 and 1995 c 130 s 4 are each amended to read
as follows:
(1) The board shall specify, by December 31, 1995, the common core
data to be collected by the operating agencies of the state training
system and the standards for data collection and maintenance required
in RCW 28C.18.060(8).
(2) The minimum standards for program evaluation by operating
agencies required in RCW 28C.18.060(9) shall include biennial program
evaluations; the first of such evaluations shall be completed by the
operating agencies July 1, 1996. The program evaluation of adult basic
skills education shall be provided by the ((advisory council on adult
education)) board.
(3) The board shall complete, by January 1, 1996, its first
outcome-based evaluation and, by September 1, 1996, its nonexperimental
net-impact and cost-benefit evaluations of the training system. The
outcome, net-impact, and cost-benefit evaluations shall for the first
evaluations, include evaluations of each of the following programs:
Secondary vocational-technical education, work-related adult basic
skills education, postsecondary workforce training, job training
partnership act titles II and III, as well as of the system as a whole.
(4) The board shall use the results of its outcome, net-impact, and
cost-benefit evaluations to develop and make recommendations to the
legislature and the governor for the modification, consolidation,
initiation, or elimination of workforce training and education programs
in the state.
The board shall perform the requirements of this section in
cooperation with the operating agencies.
Sec. 4 RCW 43.03.027 and 1970 ex.s. c 43 s 1 are each amended to
read as follows:
It is hereby declared to be the public policy of this state to base
the salaries of public officials on realistic standards in order that
such officials may be paid according to the true value of their
services and the best qualified citizens may be attracted to public
service. It is the purpose of ((RCW 43.03.027, 43.03.028,)) this
section and RCW 43.03.040((, 43.03.045 and 43.03.047)) to effectuate
this policy by utilizing the expert knowledge of citizens having access
to pertinent facts concerning proper salaries for public officials,
thus removing and dispelling any thought of political consideration in
fixing the appropriateness of the amount of such salaries.
Sec. 5 RCW 43.03.028 and 2007 c 241 s 3 are each amended to read
as follows:
(1) ((There is hereby created a state committee on agency
officials' salaries to consist of seven members, or their designees, as
follows: The president of the University of Puget Sound; the
chairperson of the council of presidents of the state's four-year
institutions of higher education; the chairperson of the Washington
personnel resources board; the president of the Association of
Washington Business; the president of the Pacific Northwest Personnel
Managers' Association; the president of the Washington State Bar
Association; and the president of the Washington State Labor Council.
If any of the titles or positions mentioned in this subsection are
changed or abolished, any person occupying an equivalent or like
position shall be qualified for appointment by the governor to
membership upon the committee.)) The department of personnel shall study the
duties and salaries of the directors of the several departments and the
members of the several boards and commissions of state government, who
are subject to appointment by the governor or whose salaries are fixed
by the governor, and of the chief executive officers of the following
agencies of state government:
(2) The committee
The arts commission; the human rights commission; the board of
accountancy; the board of pharmacy; the eastern Washington historical
society; the Washington state historical society; the recreation and
conservation office; the criminal justice training commission; the
department of personnel; the state library; the traffic safety
commission; the horse racing commission; the advisory council on
vocational education; the public disclosure commission; the state
conservation commission; the commission on Hispanic affairs; the
commission on Asian Pacific American affairs; the state board for
volunteer firefighters and reserve officers; the transportation
improvement board; the public employment relations commission; the
forest practices appeals board; and the energy facilities site
evaluation council.
((The committee)) (2) The department of personnel shall report to
the governor or the chairperson of the appropriate salary fixing
authority at least once in each fiscal biennium on such date as the
governor may designate, but not later than seventy-five days prior to
the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for
each position.
(((3) Committee members shall be reimbursed by the department of
personnel for travel expenses under RCW 43.03.050 and 43.03.060.))
Sec. 6 RCW 34.12.100 and 1986 c 155 s 10 are each amended to read
as follows:
The chief administrative law judge shall be paid a salary fixed by
the governor after recommendation of the ((state committee on agency
officials' salaries)) department of personnel. The salaries of
administrative law judges appointed under the terms of this chapter
shall be determined by the chief administrative law judge after
recommendation of the ((state committee on agency officials' salaries))
department of personnel.
Sec. 7 RCW 42.17.370 and 1995 c 397 s 17 are each amended to read
as follows:
The commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable administrative
rules to carry out the policies and purposes of this chapter, which
rules shall be adopted under chapter 34.05 RCW. Any rule relating to
campaign finance, political advertising, or related forms that would
otherwise take effect after June 30th of a general election year shall
take effect no earlier than the day following the general election in
that year;
(2) Appoint and set, within the limits established by the
((committee on agency officials' salaries)) department of personnel
under RCW 43.03.028, the compensation of an executive director who
shall perform such duties and have such powers as the commission may
prescribe and delegate to implement and enforce this chapter
efficiently and effectively. The commission shall not delegate its
authority to adopt, amend, or rescind rules nor shall it delegate
authority to determine whether an actual violation of this chapter has
occurred or to assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in
its judgment will tend to promote the purposes of this chapter,
including reports and statistics concerning campaign financing,
lobbying, financial interests of elected officials, and enforcement of
this chapter;
(4) Make from time to time, on its own motion, audits and field
investigations;
(5) Make public the time and date of any formal hearing set to
determine whether a violation has occurred, the question or questions
to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel
attendance, take evidence and require the production of any books,
papers, correspondence, memorandums, or other records relevant or
material for the purpose of any investigation authorized under this
chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees of
obligations to comply with the provisions of this chapter relating to
election campaigns, if they have not received contributions nor made
expenditures in connection with any election campaign of more than one
thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping
accounts of and reporting on a quarterly basis costs incurred by state
agencies, counties, cities, and other municipalities and political
subdivisions in preparing, publishing, and distributing legislative
information. The term "legislative information," for the purposes of
this subsection, means books, pamphlets, reports, and other materials
prepared, published, or distributed at substantial cost, a substantial
purpose of which is to influence the passage or defeat of any
legislation. The state auditor in his or her regular examination of
each agency under chapter 43.09 RCW shall review the rules, accounts,
and reports and make appropriate findings, comments, and
recommendations in his or her examination reports concerning those
agencies;
(10) After hearing, by order approved and ratified by a majority of
the membership of the commission, suspend or modify any of the
reporting requirements of this chapter in a particular case if it finds
that literal application of this chapter works a manifestly
unreasonable hardship and if it also finds that the suspension or
modification will not frustrate the purposes of the chapter. The
commission shall find that a manifestly unreasonable hardship exists if
reporting the name of an entity required to be reported under RCW
42.17.241(1)(g)(ii) would be likely to adversely affect the competitive
position of any entity in which the person filing the report or any
member of his or her immediate family holds any office, directorship,
general partnership interest, or an ownership interest of ten percent
or more. Any suspension or modification shall be only to the extent
necessary to substantially relieve the hardship. The commission shall
act to suspend or modify any reporting requirements only if it
determines that facts exist that are clear and convincing proof of the
findings required under this section. Requests for renewals of
reporting modifications may be heard in a brief adjudicative proceeding
as set forth in RCW 34.05.482 through 34.05.494 and in accordance with
the standards established in this section. No initial request may be
heard in a brief adjudicative proceeding and no request for renewal may
be heard in a brief adjudicative proceeding if the initial request was
granted more than three years previously or if the applicant is holding
an office or position of employment different from the office or
position held when the initial request was granted. The commission
shall adopt administrative rules governing the proceedings. Any
citizen has standing to bring an action in Thurston county superior
court to contest the propriety of any order entered under this section
within one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more often than
every two years, the monetary reporting thresholds and reporting code
values of this chapter. The revisions shall be only for the purpose of
recognizing economic changes as reflected by an inflationary index
recommended by the office of financial management. The revisions shall
be guided by the change in the index for the period commencing with the
month of December preceding the last revision and concluding with the
month of December preceding the month the revision is adopted. As to
each of the three general categories of this chapter (reports of
campaign finance, reports of lobbyist activity, and reports of the
financial affairs of elected and appointed officials), the revisions
shall equally affect all thresholds within each category. Revisions
shall be adopted as rules under chapter 34.05 RCW. The first revision
authorized by this subsection shall reflect economic changes from the
time of the last legislative enactment affecting the respective code or
threshold through December 1985;
(12) Develop and provide to filers a system for certification of
reports required under this chapter which are transmitted by facsimile
or electronically to the commission. Implementation of the program is
contingent on the availability of funds.
Sec. 8 RCW 43.03.040 and 2009 c 5 s 5 are each amended to read as
follows:
The directors of the several departments and members of the several
boards and commissions, whose salaries are fixed by the governor and
the chief executive officers of the agencies named in RCW
43.03.028(((2))) (1) as now or hereafter amended shall each severally
receive such salaries, payable in monthly installments, as shall be
fixed by the governor or the appropriate salary fixing authority, in an
amount not to exceed the recommendations of the ((committee on agency
officials' salaries)) department of personnel. For the twelve months
following February 18, 2009, a salary or wage increase shall not be
granted to any position under this section.
Sec. 9 RCW 70.94.6528 and 2009 c 118 s 401 are each amended to
read as follows:
(1) Any person who proposes to set fires in the course of
agricultural activities shall obtain a permit from an air pollution
control authority, the department of ecology, or a local entity
delegated permitting authority under RCW 70.94.6530. General permit
criteria of statewide applicability shall be established by the
department, by rule, after consultation with the various air pollution
control authorities.
(a) Permits shall be issued under this section based on seasonal
operations or by individual operations, or both.
(b) Incidental agricultural burning consistent with provisions
established in RCW 70.94.6524 is allowed without applying for any
permit and without the payment of any fee.
(2) The department of ecology, local air authorities, or a local
entity with delegated permit authority shall:
(a) Condition all permits to insure that the public interest in
air, water, and land pollution and safety to life and property is fully
considered;
(b) Condition all burning permits to minimize air pollution insofar
as practical;
(c) Act upon, within seven days from the date an application is
filed under this section, an application for a permit to set fires in
the course of agricultural burning for controlling diseases, insects,
weed abatement, or development of physiological conditions conducive to
increased crop yield;
(d) Provide convenient methods for issuance and oversight of
agricultural burning permits; and
(e) Work, through agreement, with counties and cities to provide
convenient methods for granting permission for agricultural burning,
including telephone, facsimile transmission, issuance from local city
or county offices, or other methods.
(3) A local air authority administering the permit program under
subsection (2) of this section shall not limit the number of days of
allowable agricultural burning, but may consider the time of year,
meteorological conditions, and other criteria specified in rules
adopted by the department to implement subsection (2) of this section.
(4) In addition to following any other requirements established by
the department to protect air quality pursuant to other laws,
applicants for permits must show that the setting of fires as requested
is the most reasonable procedure to follow in safeguarding life or
property under all circumstances or is otherwise reasonably necessary
to successfully carry out the enterprise in which the applicant is
engaged, or both. Nothing in this section relieves the applicant from
obtaining permits, licenses, or other approvals required by any other
law.
(5) The department of ecology, the appropriate local air authority,
or a local entity with delegated permitting authority pursuant to RCW
70.94.6530 at the time the permit is issued shall assess and collect
permit fees for burning under this section. All fees collected shall
be deposited in the air pollution control account created in RCW
70.94.015, except for that portion of the fee necessary to cover local
costs of administering a permit issued under this section. Fees shall
be set by rule by the permitting agency at the level determined by the
((task force created by subsection (6) of this section)) department,
but shall not exceed two dollars and fifty cents per acre to be burned.
After fees are established by rule, any increases in such fees shall be
limited to annual inflation adjustments as determined by the state
office of the economic and revenue forecast council.
(6) ((An agricultural burning practices and research task force
shall be established under the direction of the department. The task
force shall be composed of a representative from the department who
shall serve as chair; one representative of eastern Washington local
air authorities; three representatives of the agricultural community
from different agricultural pursuits; one representative of the
department of agriculture; two representatives from universities or
colleges knowledgeable in agricultural issues; one representative of
the public health or medical community; and one representative of the
conservation districts. The task force)) In consultation with interest
groups including representatives from agriculture, horticulture, the
agricultural sciences university, public health agencies, local air
agencies and the general public, the department shall:
(a) Identify best management practices for reducing air contaminant
emissions from agricultural activities ((and provide such information
to the department and local air authorities));
(b) Determine the level of fees to be assessed by the permitting
agency ((pursuant to subsection (5) of this section,)) based upon the
level necessary to cover the costs of administering and enforcing the
permit programs, to provide funds for research into alternative methods
to reduce emissions from such burning, and to the extent possible be
consistent with fees charged for such burning permits in neighboring
states. The fee level shall provide, to the extent possible, for
lesser fees for permittees who use best management practices to
minimize air contaminant emissions;
(c) Identify research needs related to minimizing emissions from
agricultural burning and alternatives to such burning; and
(d) ((Make recommendations to the department on)) Establish
priorities for spending funds provided through this chapter for
research into alternative methods to reduce emissions from agricultural
burning.
(7) Conservation districts and the Washington State University
agricultural extension program in conjunction with the department shall
develop public education material for the agricultural community
identifying the health and environmental effects of agricultural
outdoor burning and providing technical assistance in alternatives to
agricultural outdoor burning.
(8)(a) Outdoor burning that is normal, necessary, and customary to
ongoing agricultural activities, that is consistent with agricultural
burning authorized under this section and RCW 70.94.6532, is allowed
within the urban growth area as described in RCW 70.94.6514 if the
burning is not conducted during air quality episodes, or where a
determination of impaired air quality has been made as provided in RCW
70.94.473, and the agricultural activities preceded the designation as
an urban growth area.
(b) Outdoor burning of cultivated orchard trees, whether or not
agricultural crops will be replanted on the land, shall be allowed as
an ongoing agricultural activity under this section if a local
horticultural pest and disease board formed under chapter 15.09 RCW, an
extension office agent with Washington State University that has
horticultural experience, or an entomologist employed by the department
of agriculture, has determined in writing that burning is an
appropriate method to prevent or control the spread of horticultural
pests or diseases.
Sec. 10 RCW 43.63A.760 and 2003 1st sp.s. c 26 s 928 are each
amended to read as follows:
(1) The airport impact mitigation account is created in the custody
of the state treasury. Moneys deposited in the account, including
moneys received from the port of Seattle for purposes of this section,
may be used only for airport mitigation purposes as provided in this
section. Only the director of ((the department of community, trade,
and economic development)) commerce 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.
(2) The department of ((community, trade, and economic
development)) commerce shall establish a competitive process to
prioritize applications for airport impact mitigation assistance
through the account created in subsection (1) of this section. The
department shall conduct a solicitation of project applications in the
airport impact area as defined in subsection (((4))) (3) of this
section. Eligible applicants include public entities such as cities,
counties, schools, parks, fire districts, and shall include
organizations eligible to apply for grants under RCW 43.63A.125. The
department ((of community, trade, and economic development)) shall
evaluate and rank applications ((in conjunction with the airport impact
mitigation advisory board established in subsection (3) of this
section)) using objective criteria developed by the department ((in
conjunction with the airport impact mitigation advisory board)). At a
minimum, the criteria must consider: The extent to which the applicant
is impacted by the airport; and the other resources available to the
applicant to mitigate the impact, including other mitigation funds.
The director of ((the department of community, trade, and economic
development)) commerce shall award grants annually to the extent funds
are available in the account created in subsection (1) of this section.
(3) ((The director of the department of community, trade, and
economic development shall establish the airport impact mitigation
advisory board comprised of persons in the airport impact area to
assist the director in developing criteria and ranking applications
under this section. The advisory board shall include representation of
local governments, the public in general, businesses, schools,
community services organizations, parks and recreational activities,
and others at the discretion of the director. The advisory board shall
be weighted toward those communities closest to the airport that are
more adversely impacted by airport activities.)) The airport impact area includes the incorporated areas of
Burien, Normandy Park, Des Moines, SeaTac, Tukwilla, Kent, and Federal
Way, and the unincorporated portion of west King county.
(4)
(((5))) (4) The department of ((community, trade, and economic
development)) commerce shall report on its activities related to the
account created in this section by January 1, 2004, and each January
1st thereafter.
NEW SECTION. Sec. 11 RCW 18.250.030 (Athletic training advisory
committee) and 2007 c 253 s 4 are each repealed.
Sec. 12 RCW 18.250.010 and 2007 c 253 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Athlete" means a person who participates in exercise,
recreation, sport, or games requiring physical strength,
range-of-motion, flexibility, body awareness and control, speed,
stamina, or agility, and the exercise, recreation, sports, or games are
of a type conducted in association with an educational institution or
professional, amateur, or recreational sports club or organization.
(2) "Athletic injury" means an injury or condition sustained by an
athlete that affects the person's participation or performance in
exercise, recreation, sport, or games and the injury or condition is
within the professional preparation and education of an athletic
trainer.
(3) "Athletic trainer" means a person who is licensed under this
chapter. An athletic trainer can practice athletic training through
the consultation, referral, or guidelines of a licensed health care
provider working within their scope of practice.
(4)(a) "Athletic training" means the application of the following
principles and methods as provided by a licensed athletic trainer:
(i) Risk management and prevention of athletic injuries through
preactivity screening and evaluation, educational programs, physical
conditioning and reconditioning programs, application of commercial
products, use of protective equipment, promotion of healthy behaviors,
and reduction of environmental risks;
(ii) Recognition, evaluation, and assessment of athletic injuries
by obtaining a history of the athletic injury, inspection and palpation
of the injured part and associated structures, and performance of
specific testing techniques related to stability and function to
determine the extent of an injury;
(iii) Immediate care of athletic injuries, including emergency
medical situations through the application of first-aid and emergency
procedures and techniques for nonlife-threatening or life-threatening
athletic injuries;
(iv) Treatment, rehabilitation, and reconditioning of athletic
injuries through the application of physical agents and modalities,
therapeutic activities and exercise, standard reassessment techniques
and procedures, commercial products, and educational programs, in
accordance with guidelines established with a licensed health care
provider as provided in RCW 18.250.070; and
(v) Referral of an athlete to an appropriately licensed health care
provider if the athletic injury requires further definitive care or the
injury or condition is outside an athletic trainer's scope of practice,
in accordance with RCW 18.250.070.
(b) "Athletic training" does not include:
(i) The use of spinal adjustment or manipulative mobilization of
the spine and its immediate articulations;
(ii) Orthotic or prosthetic services with the exception of
evaluation, measurement, fitting, and adjustment of temporary,
prefabricated or direct-formed orthosis as defined in chapter 18.200
RCW;
(iii) The practice of occupational therapy as defined in chapter
18.59 RCW;
(iv) The practice of acupuncture as defined in chapter 18.06 RCW;
(v) Any medical diagnosis; and
(vi) Prescribing legend drugs or controlled substances, or surgery.
(5) (("Committee" means the athletic training advisory committee.)) "Department" means the department of health.
(6)
(((7))) (6) "Licensed health care provider" means a physician,
physician assistant, osteopathic physician, osteopathic physician
assistant, advanced registered nurse practitioner, naturopath, physical
therapist, chiropractor, dentist, massage practitioner, acupuncturist,
occupational therapist, or podiatric physician and surgeon.
(((8))) (7) "Secretary" means the secretary of health or the
secretary's designee.
Sec. 13 RCW 18.250.020 and 2007 c 253 s 3 are each amended to
read as follows:
(1) In addition to any other authority provided by law, the
secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to
implement this chapter;
(b) Establish all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this
chapter;
(d) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250 and 43.70.280.
All fees collected under this section must be credited to the health
professions account as required under RCW 43.70.320;
(e) Develop and administer, or approve, or both, examinations to
applicants for a license under this chapter;
(f) Issue a license to any applicant who has met the education,
training, and examination requirements for licensure and deny a license
to applicants who do not meet the minimum qualifications for licensure.
However, denial of licenses based on unprofessional conduct or impaired
practice is governed by the uniform disciplinary act, chapter 18.130
RCW;
(g) ((In consultation with the committee,)) Approve examinations
prepared or administered by private testing agencies or organizations
for use by an applicant in meeting the licensing requirements under RCW
18.250.060;
(h) Determine which states have credentialing requirements
substantially equivalent to those of this state, and issue licenses to
individuals credentialed in those states that have successfully
fulfilled the requirements of RCW 18.250.080;
(i) Hire clerical, administrative, and investigative staff as
needed to implement and administer this chapter;
(j) Maintain the official department record of all applicants and
licensees; and
(k) Establish requirements and procedures for an inactive license.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and the
discipline of licensees under this chapter.
Sec. 14 RCW 18.250.060 and 2007 c 253 s 7 are each amended to
read as follows:
An applicant for an athletic trainer license must:
(1) Have received a bachelor's or advanced degree from an
accredited four-year college or university that meets the academic
standards of athletic training, accepted by the secretary((, as advised
by the committee));
(2) Have successfully completed an examination administered or
approved by the secretary((, in consultation with the committee)); and
(3) Submit an application on forms prescribed by the secretary and
pay the licensure fee required under this chapter.
Sec. 15 RCW 70.47.040 and 1993 c 492 s 211 are each amended to
read as follows:
(1) The Washington basic health plan is created as a program within
the Washington state health care authority. The administrative head
and appointing authority of the plan shall be the administrator of the
Washington state health care authority. The administrator shall
appoint a medical director. The medical director and up to five other
employees of the plan shall be exempt from the civil service law,
chapter 41.06 RCW.
(2) The administrator shall employ such other staff as are
necessary to fulfill the responsibilities and duties of the
administrator, such staff to be subject to the civil service law,
chapter 41.06 RCW. In addition, the administrator may contract with
third parties for services necessary to carry out its activities where
this will promote economy, avoid duplication of effort, and make best
use of available expertise. Any such contractor or consultant shall be
prohibited from releasing, publishing, or otherwise using any
information made available to it under its contractual responsibility
without specific permission of the plan. The administrator may call
upon other agencies of the state to provide available information as
necessary to assist the administrator in meeting its responsibilities
under this chapter, which information shall be supplied as promptly as
circumstances permit.
(3) The administrator may appoint such technical or advisory
committees as he or she deems necessary. ((The administrator shall
appoint a standing technical advisory committee that is representative
of health care professionals, health care providers, and those directly
involved in the purchase, provision, or delivery of health care
services, as well as consumers and those knowledgeable of the ethical
issues involved with health care public policy. Individuals appointed
to any technical or other advisory committee shall serve without
compensation for their services as members, but may be reimbursed for
their travel expenses pursuant to RCW 43.03.050 and 43.03.060.))
(4) The administrator may apply for, receive, and accept grants,
gifts, and other payments, including property and service, from any
governmental or other public or private entity or person, and may make
arrangements as to the use of these receipts, including the undertaking
of special studies and other projects relating to health care costs and
access to health care.
(5) Whenever feasible, the administrator shall reduce the
administrative cost of operating the program by adopting joint policies
or procedures applicable to both the basic health plan and employee
health plans.
NEW SECTION. Sec. 16 The following acts or parts of acts are
each repealed:
(1) RCW 39.10.220 (Board -- Membership -- Vacancies) and 2007 c 494 s
102 & 2005 c 377 s 1;
(2) RCW 39.10.240 (Project review committee -- Creation -- Members) and
2007 c 494 s 104; and
(3) RCW 39.10.260 (Project review committee -- Meetings -- Open and
public) and 2007 c 494 s 106.
Sec. 17 RCW 39.10.210 and 2007 c 494 s 101 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Alternative public works contracting procedure" means the
design-build, general contractor/construction manager, and job order
contracting procedures authorized in RCW 39.10.300, 39.10.340, and
39.10.420, respectively.
(2) (("Board" means the capital projects advisory review board.)) "Department" means the department of general administration.
(3) "Committee" means the project review committee.
(4)
(3) "Design-build procedure" means a contract between a public body
and another party in which the party agrees to both design and build
the facility, portion of the facility, or other item specified in the
contract.
(((5))) (4) "Total contract cost" means the fixed amount for the
detailed specified general conditions work, the negotiated maximum
allowable construction cost, and the percent fee on the negotiated
maximum allowable construction cost.
(((6))) (5) "General contractor/construction manager" means a firm
with which a public body has selected and negotiated a maximum
allowable construction cost to provide services during the design phase
and to act as construction manager and general contractor during the
construction phase.
(((7))) (6) "Job order contract" means a contract in which the
contractor agrees to a fixed period, indefinite quantity delivery order
contract which provides for the use of negotiated, definitive work
orders for public works as defined in RCW 39.04.010.
(((8))) (7) "Job order contractor" means a registered or licensed
contractor awarded a job order contract.
(((9))) (8) "Maximum allowable construction cost" means the maximum
cost of the work to construct the project including a percentage for
risk contingency, negotiated support services, and approved change
orders.
(((10))) (9) "Negotiated support services" means items a general
contractor would normally manage or perform on a construction project
including, but not limited to surveying, hoisting, safety enforcement,
provision of toilet facilities, temporary heat, cleanup, and trash
removal.
(((11))) (10) "Percent fee" means the percentage amount to be
earned by the general contractor/construction manager as overhead and
profit.
(((12))) (11) "Public body" means any general or special purpose
government, including but not limited to state agencies, institutions
of higher education, counties, cities, towns, ports, school districts,
and special purpose districts.
(((13))) (12) "Certified public body" means a public body certified
to use design-build or general contractor/construction manager
contracting procedures, or both, under RCW 39.10.270.
(((14))) (13) "Public works project" means any work for a public
body within the definition of "public work" in RCW 39.04.010.
(((15))) (14) "Total project cost" means the cost of the project
less financing and land acquisition costs.
(((16))) (15) "Unit price book" means a book containing specific
prices, based on generally accepted industry standards and information,
where available, for various items of work to be performed by the job
order contractor. The prices may include: All the costs of materials;
labor; equipment; overhead, including bonding costs; and profit for
performing the items of work. The unit prices for labor must be at the
rates in effect at the time the individual work order is issued.
(((17))) (16) "Work order" means an order issued for a definite
scope of work to be performed pursuant to a job order contract.
Sec. 18 RCW 39.10.230 and 2009 c 75 s 1 are each amended to read
as follows:
The ((board has the following powers and duties)) department shall:
(1) Develop and recommend to the legislature policies to further
enhance the quality, efficiency, and accountability of capital
construction projects through the use of traditional and alternative
delivery methods in Washington, and make recommendations regarding
expansion, continuation, elimination, or modification of the
alternative public works contracting methods;
(2) Evaluate the use of existing contracting procedures and
potential future use of other alternative contracting procedures
including competitive negotiation contracts;
(3) Develop guidelines to be used ((by the committee)) for the
review and approval of design-build demonstration projects that procure
operations and maintenance services; and
(4) ((Appoint members of the committee; and)) Develop and administer questionnaires designed to provide
quantitative and qualitative data on alternative public works
contracting procedures on which evaluations are based.
(5)
Sec. 19 RCW 39.10.250 and 2009 c 75 s 2 are each amended to read
as follows:
The ((committee)) department shall:
(1) Certify, or recertify, public bodies for a period of three
years to use the design-build or general contractor/construction
manager, or both, contracting procedures for projects with a total
project cost of ten million dollars or more;
(2) Review and approve the use of the design-build or general
contractor/construction manager contracting procedures on a project by
project basis for public bodies that are not certified under RCW
39.10.270;
(3) Review and approve the use of the general
contractor/construction manager contracting procedure by certified
public bodies for projects with a total project cost under ten million
dollars;
(4) Review and approve not more than ten projects using the design-build contracting procedure by certified and noncertified public bodies
for projects that have a total project cost between two million and ten
million dollars. Projects must meet the criteria in RCW 39.10.300(1).
Where possible, the committee shall approve projects among multiple
public bodies. In June 2010, the committee shall report to the board
regarding the committee's review procedure of these projects and its
recommendations for further use; and
(5) Review and approve not more than two design-build demonstration
projects that include procurement of operations and maintenance
services for a period longer than three years.
Sec. 20 RCW 39.10.270 and 2009 c 75 s 3 are each amended to read
as follows:
(1) A public body may apply for certification to use the design-build or general contractor/construction manager contracting procedure,
or both. Once certified, a public body may use the contracting
procedure for which it is certified on individual projects with a total
project cost over ten million dollars without seeking ((committee))
department approval. The certification period is three years. A
public body seeking certification must submit to the ((committee))
department an application in a format and manner as prescribed by the
((committee)) department. The application must include a description
of the public body's qualifications, its capital plan during the
certification period, and its intended use of alternative contracting
procedures.
(2) A public body seeking certification for the design-build
procedure must demonstrate successful management of at least one
design-build project within the previous five years. A public body
seeking certification for the general contractor/construction manager
procedure must demonstrate successful management of at least one
general contractor/construction manager project within the previous
five years.
(3) To certify a public body, the ((committee)) department shall
determine that the public body:
(a) Has the necessary experience and qualifications to determine
which projects are appropriate for using alternative contracting
procedures;
(b) Has the necessary experience and qualifications to carry out
the alternative contracting procedure including, but not limited to:
(i) Project delivery knowledge and experience; (ii) personnel with
appropriate construction experience; (iii) a management plan and
rationale for its alternative public works projects; (iv) demonstrated
success in managing public works projects; (v) the ability to properly
manage its capital facilities plan including, but not limited to,
appropriate project planning and budgeting experience; and (vi) the
ability to meet requirements of this chapter; and
(c) Has resolved any audit findings on previous public works
projects in a manner satisfactory to the ((committee)) department.
(4) ((The committee shall, if practicable, make its determination
at the public meeting during which an application for certification is
reviewed.)) Public comments must be considered before a determination
is made. Within ten business days of the public meeting, the
((committee)) department shall provide a written determination to the
public body, and make its determination available to the public on the
((committee's)) department's web site.
(5) The ((committee)) department may revoke any public body's
certification upon a finding, after a public hearing, that its use of
design-build or general contractor/construction manager contracting
procedures no longer serves the public interest.
(6) The ((committee)) department may renew the certification of a
public body for one additional three-year period. The public body must
submit an application for recertification at least three months before
the initial certification expires. The application shall include
updated information on the public body's capital plan for the next
three years, its intended use of the procedures, and any other
information requested by the ((committee)) department. The
((committee)) department must review the application for
recertification ((at a meeting held)) before expiration of the
applicant's initial certification period. A public body must reapply
for certification under the process described in subsection (1) of this
section once the period of recertification expires.
(7) Certified public bodies must submit project data information as
required in RCW 39.10.320 and 39.10.350.
Sec. 21 RCW 39.10.280 and 2007 c 494 s 108 are each amended to
read as follows:
(1) A public body not certified under RCW 39.10.270 must apply for
approval from the ((committee)) department to use the design-build or
general contractor/construction manager contracting procedure on a
project. A public body seeking approval must submit to the
((committee)) department an application in a format and manner as
prescribed by the ((committee)) department. The application must
include a description of the public body's qualifications, a
description of the project, and its intended use of alternative
contracting procedures.
(2) To approve a proposed project, the ((committee)) department
shall determine that:
(a) The alternative contracting procedure will provide a
substantial fiscal benefit or the use of the traditional method of
awarding contracts in lump sum to the low responsive bidder is not
practical for meeting desired quality standards or delivery schedules;
(b) The proposed project meets the requirements for using the
alternative contracting procedure as described in RCW 39.10.300 or
39.10.340;
(c) The public body has the necessary experience or qualified team
to carry out the alternative contracting procedure including, but not
limited to: (i) Project delivery knowledge and experience; (ii)
sufficient personnel with construction experience to administer the
contract; (iii) a written management plan that shows clear and logical
lines of authority; (iv) the necessary and appropriate funding and time
to properly manage the job and complete the project; (v) continuity of
project management team, including personnel with experience managing
projects of similar scope and size to the project being proposed; and
(vi) necessary and appropriate construction budget;
(d) For design-build projects, construction personnel independent
of the design-build team are knowledgeable in the design-build process
and are able to oversee and administer the contract; and
(e) The public body has resolved any audit findings related to
previous public works projects in a manner satisfactory to the
((committee)) department.
(3) ((The committee shall, if practicable, make its determination
at the public meeting during which a submittal is reviewed.)) Public
comments must be considered before a determination is made.
(4) ((Within ten business days after the public meeting, the
committee)) The department shall provide a written determination to the
public body, and make its determination available to the public on the
((committee's)) department's web site. ((If the committee fails to
make a written determination within ten business days of the public
meeting, the request of the public body to use the alternative
contracting procedure on the requested project shall be deemed
approved.))
(5) The requirements of subsection (1) of this section also apply
to certified public bodies seeking to use the general
contractor/construction manager contracting procedure on projects with
a total project cost of less than ten million dollars.
(6) Failure of the ((committee)) department to meet within sixty
calendar days of a public body's application to use an alternative
contracting procedure on a project shall be deemed an approval of the
application.
Sec. 22 RCW 39.10.290 and 2007 c 494 s 109 are each amended to
read as follows:
Final determinations by the ((committee)) department may be
appealed ((to the board)) within seven days by the public body or by an
interested party. A written notice of an appeal must be provided to
the ((committee)) department and, as applicable, to the public body.
((The board shall resolve an appeal)) Appeals are under the
administrative procedures act and must be resolved within forty-five
days of receipt of the appeal and ((shall send)) a written
determination of its decision must be sent to the party making the
appeal and to the appropriate public body, as applicable. ((The public
body shall comply with the determination of the board.))
Sec. 23 RCW 39.10.320 and 2007 c 494 s 203 are each amended to
read as follows:
(1) A public body utilizing the design-build contracting procedure
shall provide for:
(a) Reasonable budget contingencies totaling not less than five
percent of the anticipated contract value;
(b) Employment of staff or consultants with expertise and prior
experience in the management of comparable projects;
(c) Contract documents that include alternative dispute resolution
procedures to be attempted prior to the initiation of litigation;
(d) Submission of project information, as required by the ((board))
department; and
(e) Contract documents that require the contractor, subcontractors,
and designers to submit project information required by the ((board))
department.
(2) A public body utilizing the design-build contracting procedure
may provide incentive payments to contractors for early completion,
cost savings, or other goals if such payments are identified in the
request for proposals.
Sec. 24 RCW 39.10.350 and 2007 c 494 s 302 are each amended to
read as follows:
(1) A public body using the general contractor/construction manager
contracting procedure shall provide for:
(a) The preparation of appropriate, complete, and coordinated
design documents;
(b) Confirmation that a constructability analysis of the design
documents has been performed prior to solicitation of a subcontract bid
package;
(c) Reasonable budget contingencies totaling not less than five
percent of the anticipated contract value;
(d) To the extent appropriate, on-site architectural or engineering
representatives during major construction or installation phases;
(e) Employment of staff or consultants with expertise and prior
experience in the management of comparable projects, critical path
method schedule review and analysis, and the administration, pricing,
and negotiation of change orders;
(f) Contract documents that include alternative dispute resolution
procedures to be attempted before the initiation of litigation;
(g) Contract documents that: (i) Obligate the public owner to
accept or reject a request for equitable adjustment, change order, or
claim within a specified time period but no later than sixty calendar
days after the receipt by the public body of related documentation; and
(ii) provide that if the public owner does not respond in writing to a
request for equitable adjustment, change order, or claim within the
specified time period, the request is deemed denied;
(h) Submission of project information, as required by the ((board))
department; and
(i) Contract documents that require the contractor, subcontractors,
and designers to submit project information required by the ((board))
department.
(2) A public body using the general contractor/construction manager
contracting procedure may include an incentive clause for early
completion, cost savings, or other performance goals if such incentives
are identified in the request for proposals. No incentives granted may
exceed five percent of the maximum allowable construction cost. No
incentives may be paid from any contingency fund established for
coordination of the construction documents or coordination of the work.
(3) If the construction is completed for less than the maximum
allowable construction cost, any savings not otherwise negotiated as
part of an incentive clause shall accrue to the public body. If the
construction is completed for more than the maximum allowable
construction cost, the additional cost is the responsibility of the
general contractor/construction manager.
(4) If the public body and the general contractor/construction
manager agree, in writing, on a price for additional work, the public
body must issue a change order within thirty days of the written
agreement. If the public body does not issue a change order within the
thirty days, interest shall accrue on the dollar amount of the
additional work satisfactorily completed until a change order is
issued. The public body shall pay this interest at a rate of one
percent per month.
Sec. 25 RCW 39.10.430 and 2007 c 494 s 402 are each amended to
read as follows:
(1) Job order contracts shall be awarded through a competitive
process using public requests for proposals.
(2) The public body 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.
(3) The public body shall publish, at least once in a statewide
publication and legal newspaper of general circulation published in
every county in which the public works project is anticipated, a
request for proposals for job order contracts and the availability and
location of the request for proposal documents. The public body shall
ensure that the request for proposal documents at a minimum includes:
(a) A detailed description of the scope of the job order contract
including performance, technical requirements and specifications,
functional and operational elements, minimum and maximum work order
amounts, duration of the contract, and options to extend the job order
contract;
(b) The reasons for using job order contracts;
(c) A description of the qualifications required of the proposer;
(d) The identity of the specific unit price book to be used;
(e) The minimum contracted amount committed to the selected job
order contractor;
(f) A description of the process the public body will use to
evaluate qualifications and proposals, including evaluation factors and
the relative weight of factors. The public body shall ensure that
evaluation factors include, but are not limited to, proposal price and
the ability of the proposer to perform the job order contract. In
evaluating the ability of the proposer to perform the job order
contract, the public body may consider: The ability of the
professional personnel who will work on the job order contract; past
performance on similar contracts; ability to meet time and budget
requirements; ability to provide a performance and payment bond for the
job order contract; recent, current, and projected workloads of the
proposer; location; and the concept of the proposal;
(g) The form of the contract to be awarded;
(h) The method for pricing renewals of or extensions to the job
order contract;
(i) A notice that the proposals are subject to RCW 39.10.470; and
(j) Other information relevant to the project.
(4) A public body shall establish a committee to evaluate the
proposals. After the committee has selected the most qualified
finalists, the finalists shall submit final proposals, including sealed
bids based upon the identified unit price book. Such bids may be in
the form of coefficient markups from listed price book costs. The
public body shall award the contract to the firm submitting the highest
scored final proposal using the evaluation factors and the relative
weight of factors published in the public request for proposals and
will notify the ((board)) department of the award of the contract.
(5) The public body shall provide a protest period of at least ten
business days following the day of the announcement of the apparent
successful proposal to allow a protester to file a detailed statement
of the grounds of the protest. The public body shall promptly make a
determination on the merits of the protest and provide to all proposers
a written decision of denial or acceptance of the protest. The public
body shall not execute the contract until two business days following
the public body's decision on the protest.
(6) The requirements of RCW 39.30.060 do not apply to requests for
proposals for job order contracts.
Sec. 26 RCW 39.10.460 and 2007 c 494 s 405 are each amended to
read as follows:
A public body shall provide to the ((board)) department the
following information for each job order contract at the end of each
contract year:
(1) A list of work orders issued;
(2) The cost of each work order;
(3) A list of subcontractors hired under each work order;
(4) If requested by the ((board)) department, a copy of the intent
to pay prevailing wage and the affidavit of wages paid for each work
order subcontract; and
(5) Any other information requested by the ((board)) department.
Sec. 27 RCW 43.131.408 and 2007 c 494 s 507 are each amended to
read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2014:
(1) RCW 39.10.200 and 2007 c 494 § 1 & 1994 c 132 § 1;
(2) RCW 39.10.210 and section 17 of this act, 2007 c 494 § 101, &
2005 c 469 § 3;
(3) ((RCW 39.10.220 and 2007 c 494 § 102 & 2005 c 377 § 1;)) RCW 39.10.230 and section 18 of this act, 2007 c 494 § 103,
& 2005 c 377 § 2;
(4)
(((5) RCW 39.10.240 and 2007 c 494 § 104;)) (4) RCW 39.10.250 and section 19 of this act & 2007 c 494 §
105;
(6)
(((7) RCW 39.10.260 and 2007 c 494 § 106;)) (5) RCW 39.10.270 and section 20 of this act & 2007 c 494 §
107;
(8)
(((9))) (6) RCW 39.10.280 and section 21 of this act & 2007 c 494
§ 108;
(((10))) (7) RCW 39.10.290 and section 22 of this act & 2007 c 494
§ 109;
(((11))) (8) RCW 39.10.300 and 2007 c 494 § 201, 2003 c 352 § 2,
2003 c 300 § 4, 2002 c 46 § 1, & 2001 c 328 § 2;
(((12) RCW 39.10.310 and 2007 c 494 § 202 & 1994 c 132 § 8;)) (9) RCW 39.10.320 and section 23 of this act, 2007 c 494 §
203, & 1994 c 132 § 7;
(13)
(((14))) (10) RCW 39.10.330 and 2007 c 494 § 204;
(((15))) (11) RCW 39.10.340 and 2007 c 494 § 301, 2003 c 352 § 3,
2003 c 300 § 5, 2002 c 46 § 2, & 2001 c 328 § 3;
(((16))) (12) RCW 39.10.350 and section 24 of this act & 2007 c 494
§ 302;
(((17))) (13) RCW 39.10.360 and 2007 c 494 § 303;
(((18))) (14) RCW 39.10.370 and 2007 c 494 § 304;
(((19))) (15) RCW 39.10.380 and 2007 c 494 § 305;
(((20))) (16) RCW 39.10.390 and 2007 c 494 § 306;
(((21))) (17) RCW 39.10.400 and 2007 c 494 § 307;
(((22))) (18) RCW 39.10.410 and 2007 c 494 § 308;
(((23))) (19) RCW 39.10.420 and 2007 c 494 § 401 & 2003 c 301 § 1;
(((24))) (20) RCW 39.10.430 and section 25 of this act & 2007 c 494
§ 402;
(((25))) (21) RCW 39.10.440 and 2007 c 494 § 403;
(((26))) (22) RCW 39.10.450 and 2007 c 494 § 404;
(((27))) (23) RCW 39.10.460 and section 26 of this act & 2007 c 494
§ 405;
(((28))) (24) RCW 39.10.470 and 2005 c 274 § 275 & 1994 c 132 § 10;
(((29))) (25) RCW 39.10.480 and 1994 c 132 § 9;
(((30))) (26) RCW 39.10.490 and 2007 c 494 § 501 & 2001 c 328 § 5;
(((31))) (27) RCW 39.10.500 and 2007 c 494 § 502;
(((32))) (28) RCW 39.10.510 and 2007 c 494 § 503;
(((33))) (29) RCW 39.10.900 and 1994 c 132 § 13;
(((34))) (30) RCW 39.10.901 and 1994 c 132 § 14; and
(((35))) (31) RCW 39.10.903 and 2007 c 494 § 510.
Sec. 28 RCW 39.04.350 and 2009 c 197 s 2 are each amended to read
as follows:
(1) Before award of a public works contract, a bidder must meet the
following responsibility criteria to be considered a responsible bidder
and qualified to be awarded a public works project. The bidder must:
(a) At the time of bid submittal, have a certificate of
registration in compliance with chapter 18.27 RCW;
(b) Have a current state unified business identifier number;
(c) If applicable, have industrial insurance coverage for the
bidder's employees working in Washington as required in Title 51 RCW;
an employment security department number as required in Title 50 RCW;
and a state excise tax registration number as required in Title 82 RCW;
(d) Not be disqualified from bidding on any public works contract
under RCW 39.06.010 or 39.12.065(3); and
(e) If bidding on a public works project subject to the
apprenticeship utilization requirements in RCW 39.04.320, not have been
found out of compliance by the Washington state apprenticeship and
training council for working apprentices out of ratio, without
appropriate supervision, or outside their approved work processes as
outlined in their standards of apprenticeship under chapter 49.04 RCW
for the one-year period immediately preceding the date of the bid
solicitation.
(2) In addition to the bidder responsibility criteria in subsection
(1) of this section, the state or municipality may adopt relevant
supplemental criteria for determining bidder responsibility applicable
to a particular project which the bidder must meet.
(a) Supplemental criteria for determining bidder responsibility,
including the basis for evaluation and the deadline for appealing a
determination that a bidder is not responsible, must be provided in the
invitation to bid or bidding documents.
(b) In a timely manner before the bid submittal deadline, a
potential bidder may request that the state or municipality modify the
supplemental criteria. The state or municipality must evaluate the
information submitted by the potential bidder and respond before the
bid submittal deadline. If the evaluation results in a change of the
criteria, the state or municipality must issue an addendum to the
bidding documents identifying the new criteria.
(c) If the bidder fails to supply information requested concerning
responsibility within the time and manner specified in the bid
documents, the state or municipality may base its determination of
responsibility upon any available information related to the
supplemental criteria or may find the bidder not responsible.
(d) If the state or municipality determines a bidder to be not
responsible, the state or municipality must provide, in writing, the
reasons for the determination. The bidder may appeal the determination
within the time period specified in the bidding documents by presenting
additional information to the state or municipality. The state or
municipality must consider the additional information before issuing
its final determination. If the final determination affirms that the
bidder is not responsible, the state or municipality may not execute a
contract with any other bidder until two business days after the bidder
determined to be not responsible has received the final determination.
(3) The ((capital projects advisory review board created in RCW
39.10.220)) department of general administration shall develop
suggested guidelines to assist the state and municipalities in
developing supplemental bidder responsibility criteria. The guidelines
must be posted on the board's web site.
NEW SECTION. Sec. 29 RCW 43.34.080 (Capitol campus design
advisory committee -- Generally) and 1990 c 93 s 1 are each repealed.
NEW SECTION. Sec. 30 RCW 18.205.080 (Chemical dependency
certification advisory committee -- Composition -- Terms) and 1998 c 243 s
8 are each repealed.
Sec. 31 RCW 18.205.020 and 2008 c 135 s 15 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Certification" means a voluntary process recognizing an
individual who qualifies by examination and meets established
educational prerequisites, and which protects the title of practice.
(2) "Certified chemical dependency professional" means an
individual certified in chemical dependency counseling, under this
chapter.
(3) "Certified chemical dependency professional trainee" means an
individual working toward the education and experience requirements for
certification as a chemical dependency professional.
(4) "Chemical dependency counseling" means employing the core
competencies of chemical dependency counseling to assist or attempt to
assist an alcohol or drug addicted person to develop and maintain
abstinence from alcohol and other mood-altering drugs.
(5) (("Committee" means the chemical dependency certification
advisory committee established under this chapter.)) "Core competencies of chemical dependency counseling" means
competency in the nationally recognized knowledge, skills, and
attitudes of professional practice, including assessment and diagnosis
of chemical dependency, chemical dependency treatment planning and
referral, patient and family education in the disease of chemical
dependency, individual and group counseling with alcoholic and drug
addicted individuals, relapse prevention counseling, and case
management, all oriented to assist alcoholic and drug addicted patients
to achieve and maintain abstinence from mood-altering substances and
develop independent support systems.
(6)
(((7))) (6) "Department" means the department of health.
(((8))) (7) "Health profession" means a profession providing health
services regulated under the laws of this state.
(((9))) (8) "Secretary" means the secretary of health or the
secretary's designee.
Sec. 32 RCW 18.205.060 and 1998 c 243 s 6 are each amended to
read as follows:
In addition to any other authority provided by law, the secretary
has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter((, in consultation with the committee));
(2) Establish all certification, examination, and renewal fees in
accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this
chapter;
(4) Issue certificates to applicants who have met the education,
training, and examination requirements for certification and to deny
certification to applicants who do not meet the minimum qualifications,
except that proceedings concerning the denial of certification based
upon unprofessional conduct or impairment shall be governed by the
uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other staff
as needed to implement this chapter, and hire individuals certified
under this chapter to serve as examiners for any practical
examinations;
(6) Determine minimum education requirements and evaluate and
designate those educational programs that will be accepted as proof of
eligibility to take a qualifying examination for applicants for
certification;
(7) Prepare, grade, and administer, or determine the nature of, and
supervise the grading and administration of, examinations for
applicants for certification;
(8) Determine whether alternative methods of training are
equivalent to formal education, and establish forms, procedures, and
criteria for evaluation of an applicant's alternative training to
determine the applicant's eligibility to take any qualifying
examination;
(9) Determine which states have credentialing requirements
equivalent to those of this state, and issue certificates to
individuals credentialed in those states without examinations;
(10) Define and approve any experience requirement for
certification;
(11) Implement and administer a program for consumer education;
(12) Adopt rules implementing a continuing competency program;
(13) Maintain the official department record of all applicants and
certificated individuals;
(14) Establish by rule the procedures for an appeal of an
examination failure; and
(15) Establish disclosure requirements.
NEW SECTION. Sec. 33 The following acts or parts of acts are
each repealed:
(1) RCW 43.121.010 (Legislative declaration, intent) and 1982 c 4
s 1;
(2) RCW 43.121.015 (Definitions) and 2008 c 152 s 8, 1988 c 278 s
4, & 1987 c 351 s 2;
(3) RCW 43.121.020 (Council established -- Members, chairperson--Appointment, qualifications, terms, vacancies) and 2008 c 152 s 7, 2007
c 144 s 1, 1996 c 10 s 1, 1994 c 48 s 1, 1989 c 304 s 4, 1987 c 351 s
3, 1984 c 261 s 1, & 1982 c 4 s 2;
(4) RCW 43.121.030 (Compensation and travel expenses of members)
and 1984 c 287 s 87 & 1982 c 4 s 3;
(5) RCW 43.121.040 (Executive director, salary -- Staff) and 1982 c
4 s 4;
(6) RCW 43.121.050 (Council powers and duties -- Generally -- Rules)
and 1988 c 278 s 5, 1987 c 351 s 4, & 1982 c 4 s 5;
(7) RCW 43.121.060 (Contracts for services -- Scope of programs--Funding) and 1982 c 4 s 6;
(8) RCW 43.121.070 (Contracts for services -- Factors in awarding)
and 1982 c 4 s 7;
(9) RCW 43.121.080 (Contracts for services -- Partial funding by
administering organization, what constitutes) and 1982 c 4 s 8;
(10) RCW 43.121.110 (Parenting skills -- Legislative findings) and
1988 c 278 s 1;
(11) RCW 43.121.120 (Community-based early parenting skills
programs -- Funding) and 1988 c 278 s 2;
(12) RCW 43.121.130 (Decreased state funding of parenting skills
programs -- Evaluation) and 1998 c 245 s 48 & 1988 c 278 s 3;
(13) RCW 43.121.140 (Shaken baby syndrome -- Outreach campaign) and
1993 c 107 s 2;
(14) RCW 43.121.150 (Juvenile crime--Legislative findings) and 1997
c 338 s 56;
(15) RCW 43.121.160 (Postpartum depression--Public information and
communication outreach campaign) and 2005 c 347 s 2; and
(16) RCW 43.121.910 (Severability -- 1982 c 4) and 1982 c 4 s 15.
Sec. 34 RCW 43.121.100 and 2005 c 53 s 4 are each amended to read
as follows:
((The council may accept)) Contributions, grants, or gifts in cash
or otherwise, including funds generated by the sale of "heirloom" birth
certificates under chapter 70.58 RCW from persons, associations, or
corporations and funds generated through the issuance of the "Keep Kids
Safe" license plate under chapter 46.16 RCW((. All moneys received by
the council or any employee thereof from contributions, grants, or
gifts)) and not funds through appropriation by the legislature shall be
deposited in a depository approved by the state treasurer to be known
as the children's trust fund. Disbursements of such funds shall be on
the authorization of the ((council or a duly authorized representative
thereof and only for the purposes stated in RCW 43.121.050)) secretary
of the department of social and health services or the secretary's
designee. In order to maintain an effective expenditure and revenue
control, such funds shall be subject in all respects to chapter 43.88
RCW, but no appropriation shall be required to permit expenditure of
such funds.
Sec. 35 RCW 43.121.175 and 2007 c 466 s 2 are each amended to
read as follows:
The definitions in this section apply throughout RCW 43.121.170
((through)), 43.121.180, and 43.121.185 unless the context clearly
requires otherwise.
(1) "Evidence-based" means a program or practice that has had
multiple site random controlled trials across heterogeneous populations
demonstrating that the program or practice is effective for the
population.
(2) "Home visitation" means providing services in the permanent or
temporary residence, or in other familiar surroundings, of the family
receiving such services.
(3) "Research-based" means a program or practice that has some
research demonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
Sec. 36 RCW 43.121.180 and 2008 c 152 s 6 are each amended to
read as follows:
(1) Within available funds, the ((council for children and
families)) department shall fund evidence-based and research-based home
visitation programs for improving parenting skills and outcomes for
children. Home visitation programs must be voluntary and must address
the needs of families to alleviate the effect on child development of
factors such as poverty, single parenthood, parental unemployment or
underemployment, parental disability, or parental lack of high school
diploma, which research shows are risk factors for child abuse and
neglect and poor educational outcomes.
(2) The ((council for children and families shall develop a plan))
department of early learning shall work with the department of social
and health services((,)) and the department of health((, the department
of early learning, and the family policy council)) to develop a plan to
coordinate or consolidate home visitation services for children and
families ((and report to the appropriate committees of the legislature
by December 1, 2007, with their recommendations for implementation of
the plan)) to the extent practicable.
NEW SECTION. Sec. 37 RCW 43.63A.068 (Advisory committee on
policies and programs for children and families with incarcerated
parents -- Funding for programs and services) and 2009 c 518 s 18 & 2007
c 384 s 6 are each repealed.
Sec. 38 RCW 28A.300.520 and 2009 c 578 s 9 are each amended to
read as follows:
(1) The superintendent of public instruction shall review current
policies and assess the adequacy and availability of programs targeted
at children who have a parent who is incarcerated in a department of
corrections facility. The superintendent of public instruction shall
adopt policies that support the children of incarcerated parents and
meet their needs with the goal of facilitating normal child
development, including maintaining adequate academic progress, while
reducing intergenerational incarceration.
(2) To the extent funds are available, ((the superintendent shall
conduct the following activities)) to assist in implementing the
requirements of subsection (1) of this section((:)), the superintendent shall gather information and data on the
students who are the children of inmates incarcerated in department of
corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 39 RCW 43.215.065 and 2007 c 384 s 4 are each amended to
read as follows:
(1)(a) The director of the department of early learning shall
review current department policies and assess the adequacy and
availability of programs targeted at persons who receive assistance who
are the children and families of a person who is incarcerated in a
department of corrections facility. Great attention shall be focused
on programs and policies affecting foster youth who have a parent who
is incarcerated.
(b) The director shall adopt policies that support the children of
incarcerated parents and meet their needs with the goal of facilitating
normal child development, while reducing intergenerational
incarceration.
(2) ((The director shall conduct the following activities)) To
assist in implementing the requirements of subsection (1) of this
section((:)), the director shall gather information and data on the
recipients of assistance who are the children and families of inmates
incarcerated in department of corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 40 RCW 72.09.495 and 2007 c 384 s 2 are each amended to read
as follows:
(1) The secretary of corrections shall review current department
policies and assess the following:
(a) The impact of existing policies on the ability of offenders to
maintain familial contact and engagement between inmates and children;
and
(b) The adequacy and availability of programs targeted at inmates
with children.
(2) The secretary shall adopt policies that encourage familial
contact and engagement between inmates and their children with the goal
of reducing recidivism and intergenerational incarceration. Programs
and policies should take into consideration the children's need to
maintain contact with his or her parent and the inmate's ability to
develop plans to financially support their children, assist in
reunification when appropriate, and encourage the improvement of
parenting skills where needed.
(3) The department shall conduct the following activities to assist
in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the families of inmates,
particularly the children of incarcerated parents; and
(b) Evaluate data to determine the impact on recidivism and
intergenerational incarceration((; and)).
(c) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 41 RCW 74.04.800 and 2007 c 384 s 3 are each amended to read
as follows:
(1)(a) The secretary of social and health services shall review
current department policies and assess the adequacy and availability of
programs targeted at persons who receive services through the
department who are the children and families of a person who is
incarcerated in a department of corrections facility. Great attention
shall be focused on programs and policies affecting foster youth who
have a parent who is incarcerated.
(b) The secretary shall adopt policies that encourage familial
contact and engagement between inmates of the department of corrections
facilities and their children with the goal of facilitating normal
child development, while reducing recidivism and intergenerational
incarceration. Programs and policies should take into consideration
the children's need to maintain contact with his or her parent, the
inmate's ability to develop plans to financially support their
children, assist in reunification when appropriate, and encourage the
improvement of parenting skills where needed. The programs and
policies should also meet the needs of the child while the parent is
incarcerated.
(2) ((The secretary shall conduct the following activities)) To
assist in implementing the requirements of subsection (1) of this
section((:)), the secretary shall gather information and data on the
recipients of public assistance, or children in the care of the state
under chapter 13.34 RCW, who are the children and families of inmates
incarcerated in department of corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 42 RCW 74.13.031 and 2009 c 235 s 4 are each amended to read
as follows:
The department shall have the duty to provide child welfare
services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and
comprehensive plan that establishes, aids, and strengthens services for
the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of
prospective adoptive and foster homes, both regular and specialized,
i.e. homes for children of ethnic minority, including Indian homes for
Indian children, sibling groups, handicapped and emotionally disturbed,
teens, pregnant and parenting teens, and annually report to the
governor and the legislature concerning the department's success in:
(a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies
for legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall include
a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to act on
the part of a parent or caretaker that results in death, serious
physical or emotional harm, or sexual abuse or exploitation, or that
presents an imminent risk of serious harm, and on the basis of the
findings of such investigation, offer child welfare services in
relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency. An investigation
is not required of nonaccidental injuries which are clearly not the
result of a lack of care or supervision by the child's parents, legal
custodians, or persons serving in loco parentis. If the investigation
reveals that a crime against a child may have been committed, the
department shall notify the appropriate law enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation services to
families who are in conflict.
(5) Monitor placements of children in out-of-home care and in-home
dependencies to assure the safety, well-being, and quality of care
being provided is within the scope of the intent of the legislature as
defined in RCW 74.13.010 and 74.15.010. The policy for monitoring
placements under this section shall require that children in out-of-home care and in-home dependencies and their caregivers receive a
private and individual face-to-face visit each month.
(a) The department shall conduct the monthly visits with children
and caregivers required under this section unless the child's placement
is being supervised under a contract between the department and a
private agency accredited by a national child welfare accrediting
entity, in which case the private agency shall, within existing
resources, conduct the monthly visits with the child and with the
child's caregiver according to the standards described in this
subsection and shall provide the department with a written report of
the visits within fifteen days of completing the visits.
(b) In cases where the monthly visits required under this
subsection are being conducted by a private agency, the department
shall conduct a face-to-face health and safety visit with the child at
least once every ninety days.
(6) Have authority to accept custody of children from parents and
to accept custody of children from juvenile courts, where authorized to
do so under law, to provide child welfare services including placement
for adoption, to provide for the routine and necessary medical, dental,
and mental health care, or necessary emergency care of the children,
and to provide for the physical care of such children and make payment
of maintenance costs if needed. Except where required by Public Law
95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on the
basis of race, creed, or color when considering applications in their
placement for adoption.
(7) Have authority to provide temporary shelter to children who
have run away from home and who are admitted to crisis residential
centers.
(8) Have authority to purchase care for children; and shall follow
in general the policy of using properly approved private agency
services for the actual care and supervision of such children insofar
as they are available, paying for care of such children as are accepted
by the department as eligible for support at reasonable rates
established by the department.
(9) ((Establish a children's services advisory committee which
shall assist the secretary in the development of a partnership plan for
utilizing resources of the public and private sectors, and advise on
all matters pertaining to child welfare, licensing of child care
agencies, adoption, and services related thereto. At least one member
shall represent the adoption community.)) Have authority to provide continued foster care or group
care as needed to participate in or complete a high school or
vocational school program.
(10)
(((11))) (10) Within amounts appropriated for this specific
purpose, have authority to provide continued foster care or group care
and necessary support and transition services to youth ages eighteen to
twenty-one years who are enrolled and participating in a posthigh
school academic or vocational program. A youth who remains eligible
for such placement and services pursuant to department rules may
continue in foster care or group care until the youth reaches his or
her twenty-first birthday.
(((12))) (11) Refer cases to the division of child support whenever
state or federal funds are expended for the care and maintenance of a
child, including a child with a developmental disability who is placed
as a result of an action under chapter 13.34 RCW, unless the department
finds that there is good cause not to pursue collection of child
support against the parent or parents of the child. Cases involving
individuals age eighteen through twenty shall not be referred to the
division of child support unless required by federal law.
(((13))) (12) Have authority within funds appropriated for foster
care services to purchase care for Indian children who are in the
custody of a federally recognized Indian tribe or tribally licensed
child-placing agency pursuant to parental consent, tribal court order,
or state juvenile court order; and the purchase of such care shall be
subject to the same eligibility standards and rates of support
applicable to other children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department of social and health services
under subsections (4), (6), and (7) of this section, subject to the
limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the
federal juvenile justice and delinquency prevention act of 1974.
(((14))) (13) Within amounts appropriated for this specific
purpose, provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(((15))) (14) Have authority to provide independent living services
to youths, including individuals who have attained eighteen years of
age, and have not attained twenty-one years of age who are or have been
in foster care.
(((16))) (15) Consult at least quarterly with foster parents,
including members of the foster parent association of Washington state,
for the purpose of receiving information and comment regarding how the
department is performing the duties and meeting the obligations
specified in this section and RCW 74.13.250 and 74.13.320 regarding the
recruitment of foster homes, reducing foster parent turnover rates,
providing effective training for foster parents, and administering a
coordinated and comprehensive plan that strengthens services for the
protection of children. Consultation shall occur at the regional and
statewide levels.
Sec. 43 RCW 74.13.031 and 2009 c 235 s 2 are each amended to read
as follows:
The department shall have the duty to provide child welfare
services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and
comprehensive plan that establishes, aids, and strengthens services for
the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of
prospective adoptive and foster homes, both regular and specialized,
i.e. homes for children of ethnic minority, including Indian homes for
Indian children, sibling groups, handicapped and emotionally disturbed,
teens, pregnant and parenting teens, and annually report to the
governor and the legislature concerning the department's success in:
(a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies
for legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall include
a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to act on
the part of a parent or caretaker that results in death, serious
physical or emotional harm, or sexual abuse or exploitation, or that
presents an imminent risk of serious harm, and on the basis of the
findings of such investigation, offer child welfare services in
relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency. An investigation
is not required of nonaccidental injuries which are clearly not the
result of a lack of care or supervision by the child's parents, legal
custodians, or persons serving in loco parentis. If the investigation
reveals that a crime against a child may have been committed, the
department shall notify the appropriate law enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation services to
families who are in conflict.
(5) Monitor placements of children in out-of-home care and in-home
dependencies to assure the safety, well-being, and quality of care
being provided is within the scope of the intent of the legislature as
defined in RCW 74.13.010 and 74.15.010. The policy for monitoring
placements under this section shall require that children in out-of-home care and in-home dependencies and their caregivers receive a
private and individual face-to-face visit each month.
(a) The department shall conduct the monthly visits with children
and caregivers required under this section unless the child's placement
is being supervised under a contract between the department and a
private agency accredited by a national child welfare accrediting
entity, in which case the private agency shall, within existing
resources, conduct the monthly visits with the child and with the
child's caregiver according to the standards described in this
subsection and shall provide the department with a written report of
the visits within fifteen days of completing the visits.
(b) In cases where the monthly visits required under this
subsection are being conducted by a private agency, the department
shall conduct a face-to-face health and safety visit with the child at
least once every ninety days.
(6) Have authority to accept custody of children from parents and
to accept custody of children from juvenile courts, where authorized to
do so under law, to provide child welfare services including placement
for adoption, to provide for the routine and necessary medical, dental,
and mental health care, or necessary emergency care of the children,
and to provide for the physical care of such children and make payment
of maintenance costs if needed. Except where required by Public Law
95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on the
basis of race, creed, or color when considering applications in their
placement for adoption.
(7) Have authority to provide temporary shelter to children who
have run away from home and who are admitted to crisis residential
centers.
(8) Have authority to purchase care for children; and shall follow
in general the policy of using properly approved private agency
services for the actual care and supervision of such children insofar
as they are available, paying for care of such children as are accepted
by the department as eligible for support at reasonable rates
established by the department.
(9) ((Establish a children's services advisory committee which
shall assist the secretary in the development of a partnership plan for
utilizing resources of the public and private sectors, and advise on
all matters pertaining to child welfare, licensing of child care
agencies, adoption, and services related thereto. At least one member
shall represent the adoption community.)) Have authority to provide continued foster care or group
care as needed to participate in or complete a high school or
vocational school program.
(10)
(((11))) (10)(a) Within amounts appropriated for this specific
purpose, have authority to provide continued foster care or group care
to youth ages eighteen to twenty-one years who are:
(i) Enrolled and participating in a postsecondary or vocational
educational program;
(ii) Participating in a program or activity designed to promote or
remove barriers to employment;
(iii) Engaged in employment for eighty hours or more per month; or
(iv) Incapable of engaging on any of the activities described in
(a)(i) through (iii) of this subsection due to a medical condition that
is supported by regularly updated information.
(b) A youth who remains eligible for placement services or benefits
pursuant to department rules may continue to receive placement services
and benefits until the youth reaches his or her twenty-first birthday.
(((12))) (11) Within amounts appropriated for this specific
purpose, have authority to provide adoption support benefits, or
subsidized relative guardianship benefits on behalf of youth ages
eighteen to twenty-one years who achieved permanency through adoption
or a subsidized relative guardianship at age sixteen or older and who
are engaged in one of the activities described in subsection (((11)))
(10) of this section.
(((13))) (12) Refer cases to the division of child support whenever
state or federal funds are expended for the care and maintenance of a
child, including a child with a developmental disability who is placed
as a result of an action under chapter 13.34 RCW, unless the department
finds that there is good cause not to pursue collection of child
support against the parent or parents of the child. Cases involving
individuals age eighteen through twenty shall not be referred to the
division of child support unless required by federal law.
(((14))) (13) Have authority within funds appropriated for foster
care services to purchase care for Indian children who are in the
custody of a federally recognized Indian tribe or tribally licensed
child-placing agency pursuant to parental consent, tribal court order,
or state juvenile court order; and the purchase of such care shall be
subject to the same eligibility standards and rates of support
applicable to other children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department of social and health services
under subsections (4), (6), and (7) of this section, subject to the
limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the
federal juvenile justice and delinquency prevention act of 1974.
(((15))) (14) Within amounts appropriated for this specific
purpose, provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(((16))) (15) Have authority to provide independent living services
to youths, including individuals who have attained eighteen years of
age, and have not attained twenty-one years of age who are or have been
in foster care.
(((17))) (16) Consult at least quarterly with foster parents,
including members of the foster parent association of Washington state,
for the purpose of receiving information and comment regarding how the
department is performing the duties and meeting the obligations
specified in this section and RCW 74.13.250 and 74.13.320 regarding the
recruitment of foster homes, reducing foster parent turnover rates,
providing effective training for foster parents, and administering a
coordinated and comprehensive plan that strengthens services for the
protection of children. Consultation shall occur at the regional and
statewide levels.
Sec. 44 RCW 74.13.031 and 2009 c 491 s 7 are each amended to read
as follows:
The department shall have the duty to provide child welfare
services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and
comprehensive plan that establishes, aids, and strengthens services for
the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of
prospective adoptive and foster homes, both regular and specialized,
i.e. homes for children of ethnic minority, including Indian homes for
Indian children, sibling groups, handicapped and emotionally disturbed,
teens, pregnant and parenting teens, and annually report to the
governor and the legislature concerning the department's success in:
(a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies
for legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall include
a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to act on
the part of a parent or caretaker that results in death, serious
physical or emotional harm, or sexual abuse or exploitation, or that
presents an imminent risk of serious harm, and on the basis of the
findings of such investigation, offer child welfare services in
relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency. An investigation
is not required of nonaccidental injuries which are clearly not the
result of a lack of care or supervision by the child's parents, legal
custodians, or persons serving in loco parentis. If the investigation
reveals that a crime against a child may have been committed, the
department shall notify the appropriate law enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation services to
families who are in conflict.
(5) Monitor placements of children in out-of-home care and in-home
dependencies to assure the safety, well-being, and quality of care
being provided is within the scope of the intent of the legislature as
defined in RCW 74.13.010 and 74.15.010. The policy for monitoring
placements under this section shall require that children in out-of-home care and in-home dependencies and their caregivers receive a
private and individual face-to-face visit each month.
(a) The department shall conduct the monthly visits with children
and caregivers required under this section unless the child's placement
is being supervised under a contract between the department and a
private agency accredited by a national child welfare accrediting
entity, in which case the private agency shall, within existing
resources, conduct the monthly visits with the child and with the
child's caregiver according to the standards described in this
subsection and shall provide the department with a written report of
the visits within fifteen days of completing the visits.
(b) In cases where the monthly visits required under this
subsection are being conducted by a private agency, the department
shall conduct a face-to-face health and safety visit with the child at
least once every ninety days.
(6) Have authority to accept custody of children from parents and
to accept custody of children from juvenile courts, where authorized to
do so under law, to provide child welfare services including placement
for adoption, to provide for the routine and necessary medical, dental,
and mental health care, or necessary emergency care of the children,
and to provide for the physical care of such children and make payment
of maintenance costs if needed. Except where required by Public Law
95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on the
basis of race, creed, or color when considering applications in their
placement for adoption.
(7) Have authority to provide temporary shelter to children who
have run away from home and who are admitted to crisis residential
centers.
(8) Have authority to purchase care for children; and shall follow
in general the policy of using properly approved private agency
services for the actual care and supervision of such children insofar
as they are available, paying for care of such children as are accepted
by the department as eligible for support at reasonable rates
established by the department.
(9) ((Establish a children's services advisory committee which
shall assist the secretary in the development of a partnership plan for
utilizing resources of the public and private sectors, and advise on
all matters pertaining to child welfare, licensing of child care
agencies, adoption, and services related thereto. At least one member
shall represent the adoption community.))(a) Have authority to provide continued foster care or group
care as needed to participate in or complete a high school or
vocational school program.
(10)
(b)(i) Beginning in 2006, the department has the authority to allow
up to fifty youth reaching age eighteen to continue in foster care or
group care as needed to participate in or complete a posthigh school
academic or vocational program, and to receive necessary support and
transition services.
(ii) In 2007 and 2008, the department has the authority to allow up
to fifty additional youth per year reaching age eighteen to remain in
foster care or group care as provided in (b)(i) of this subsection.
(iii) A youth who remains eligible for such placement and services
pursuant to department rules may continue in foster care or group care
until the youth reaches his or her twenty-first birthday. Eligibility
requirements shall include active enrollment in a posthigh school
academic or vocational program and maintenance of a 2.0 grade point
average.
(((11))) (10) Refer cases to the division of child support whenever
state or federal funds are expended for the care and maintenance of a
child, including a child with a developmental disability who is placed
as a result of an action under chapter 13.34 RCW, unless the department
finds that there is good cause not to pursue collection of child
support against the parent or parents of the child. Cases involving
individuals age eighteen through twenty shall not be referred to the
division of child support unless required by federal law.
(((12))) (11) Have authority within funds appropriated for foster
care services to purchase care for Indian children who are in the
custody of a federally recognized Indian tribe or tribally licensed
child-placing agency pursuant to parental consent, tribal court order,
or state juvenile court order; and the purchase of such care shall be
subject to the same eligibility standards and rates of support
applicable to other children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department of social and health services
under subsections (4), (6), and (7) of this section, subject to the
limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the
federal juvenile justice and delinquency prevention act of 1974.
(((13))) (12) Within amounts appropriated for this specific
purpose, provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(((14))) (13) Have authority to provide independent living services
to youths, including individuals who have attained eighteen years of
age, and have not attained twenty-one years of age who are or have been
in foster care.
(((15))) (14) Consult at least quarterly with foster parents,
including members of the foster parent association of Washington state,
for the purpose of receiving information and comment regarding how the
department is performing the duties and meeting the obligations
specified in this section and RCW 74.13.250 and 74.13.320 regarding the
recruitment of foster homes, reducing foster parent turnover rates,
providing effective training for foster parents, and administering a
coordinated and comprehensive plan that strengthens services for the
protection of children. Consultation shall occur at the regional and
statewide levels.
(((16))) (15)(a) Within current funding levels, place on the public
web site maintained by the department a document listing the duties and
responsibilities the department has to a child subject to a dependency
petition including, but not limited to, the following:
(i) Reasonable efforts, including the provision of services, toward
reunification of the child with his or her family;
(ii) Sibling visits subject to the restrictions in RCW
13.34.136(2)(b)(ii);
(iii) Parent-child visits;
(iv) Statutory preference for placement with a relative or other
suitable person, if appropriate; and
(v) Statutory preference for an out-of-home placement that allows
the child to remain in the same school or school district, if practical
and in the child's best interests.
(b) The document must be prepared in conjunction with a community-based organization and must be updated as needed.
Sec. 45 RCW 74.13.031 and 2009 c 520 s 51 are each amended to
read as follows:
(1) The department and supervising agencies shall develop,
administer, supervise, and monitor a coordinated and comprehensive plan
that establishes, aids, and strengthens services for the protection and
care of runaway, dependent, or neglected children.
(2) Within available resources, the department and supervising
agencies shall recruit an adequate number of prospective adoptive and
foster homes, both regular and specialized, i.e. homes for children of
ethnic minority, including Indian homes for Indian children, sibling
groups, handicapped and emotionally disturbed, teens, pregnant and
parenting teens, and the department shall annually report to the
governor and the legislature concerning the department's and
supervising agency's success in: (a) Meeting the need for adoptive and
foster home placements; (b) reducing the foster parent turnover rate;
(c) completing home studies for legally free children; and (d)
implementing and operating the passport program required by RCW
74.13.285. The report shall include a section entitled "Foster Home
Turn-Over, Causes and Recommendations."
(3) The department shall investigate complaints of any recent act
or failure to act on the part of a parent or caretaker that results in
death, serious physical or emotional harm, or sexual abuse or
exploitation, or that presents an imminent risk of serious harm, and on
the basis of the findings of such investigation, offer child welfare
services in relation to the problem to such parents, legal custodians,
or persons serving in loco parentis, and/or bring the situation to the
attention of an appropriate court, or another community agency. An
investigation is not required of nonaccidental injuries which are
clearly not the result of a lack of care or supervision by the child's
parents, legal custodians, or persons serving in loco parentis. If the
investigation reveals that a crime against a child may have been
committed, the department shall notify the appropriate law enforcement
agency.
(4) The department or supervising agencies shall offer, on a
voluntary basis, family reconciliation services to families who are in
conflict.
(5) The department or supervising agencies shall monitor placements
of children in out-of-home care and in-home dependencies to assure the
safety, well-being, and quality of care being provided is within the
scope of the intent of the legislature as defined in RCW 74.13.010 and
74.15.010. Under this section children in out-of-home care and in-home
dependencies and their caregivers shall receive a private and
individual face-to-face visit each month.
The department or supervising agencies shall conduct the monthly
visits with children and caregivers to whom it is providing child
welfare services.
(6) The department and supervising agencies shall have authority to
accept custody of children from parents and to accept custody of
children from juvenile courts, where authorized to do so under law, to
provide child welfare services including placement for adoption, to
provide for the routine and necessary medical, dental, and mental
health care, or necessary emergency care of the children, and to
provide for the physical care of such children and make payment of
maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on the
basis of race, creed, or color when considering applications in their
placement for adoption.
(7) The department and supervising agency shall have authority to
provide temporary shelter to children who have run away from home and
who are admitted to crisis residential centers.
(8) The department and supervising agency shall have authority to
purchase care for children.
(9) ((The department shall establish a children's services advisory
committee with sufficient members representing supervising agencies
which shall assist the secretary in the development of a partnership
plan for utilizing resources of the public and private sectors, and
advise on all matters pertaining to child welfare, licensing of child
care agencies, adoption, and services related thereto. At least one
member shall represent the adoption community.))(a) The department and supervising agencies shall have
authority to provide continued foster care or group care as needed to
participate in or complete a high school or vocational school program.
(10)
(b)(i) Beginning in 2006, the department has the authority to allow
up to fifty youth reaching age eighteen to continue in foster care or
group care as needed to participate in or complete a posthigh school
academic or vocational program, and to receive necessary support and
transition services.
(ii) In 2007 and 2008, the department has the authority to allow up
to fifty additional youth per year reaching age eighteen to remain in
foster care or group care as provided in (b)(i) of this subsection.
(iii) A youth who remains eligible for such placement and services
pursuant to department rules may continue in foster care or group care
until the youth reaches his or her twenty-first birthday. Eligibility
requirements shall include active enrollment in a posthigh school
academic or vocational program and maintenance of a 2.0 grade point
average.
(((11))) (10) The department shall refer cases to the division of
child support whenever state or federal funds are expended for the care
and maintenance of a child, including a child with a developmental
disability who is placed as a result of an action under chapter 13.34
RCW, unless the department finds that there is good cause not to pursue
collection of child support against the parent or parents of the child.
Cases involving individuals age eighteen through twenty shall not be
referred to the division of child support unless required by federal
law.
(((12))) (11) The department and supervising agencies shall have
authority within funds appropriated for foster care services to
purchase care for Indian children who are in the custody of a federally
recognized Indian tribe or tribally licensed child-placing agency
pursuant to parental consent, tribal court order, or state juvenile
court order; and the purchase of such care shall be subject to the same
eligibility standards and rates of support applicable to other children
for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department under subsections (4), (6),
and (7) of this section, subject to the limitations of these
subsections, may be provided by any program offering such services
funded pursuant to Titles II and III of the federal juvenile justice
and delinquency prevention act of 1974.
(((13))) (12) Within amounts appropriated for this specific
purpose, the supervising agency or department shall provide preventive
services to families with children that prevent or shorten the duration
of an out-of-home placement.
(((14))) (13) The department and supervising agencies shall have
authority to provide independent living services to youths, including
individuals who have attained eighteen years of age, and have not
attained twenty-one years of age who are or have been in foster care.
(((15))) (14) The department and supervising agencies shall consult
at least quarterly with foster parents, including members of the foster
parent association of Washington state, for the purpose of receiving
information and comment regarding how the department ((is)) and
supervising agencies are performing the duties and meeting the
obligations specified in this section and RCW 74.13.250 and 74.13.320
regarding the recruitment of foster homes, reducing foster parent
turnover rates, providing effective training for foster parents, and
administering a coordinated and comprehensive plan that strengthens
services for the protection of children. Consultation shall occur at
the regional and statewide levels.
Sec. 46 RCW 74.15.030 and 2007 c 387 s 5 and 2007 c 17 s 14 are
each reenacted and amended to read as follows:
The secretary shall have the power and it shall be the secretary's
duty:
(1) ((In consultation with the children's services advisory
committee, and)) With the advice and assistance of persons
representative of the various type agencies to be licensed, to
designate categories of facilities for which separate or different
requirements shall be developed as may be appropriate whether because
of variations in the ages, sex and other characteristics of persons
served, variations in the purposes and services offered or size or
structure of the agencies to be licensed hereunder, or because of any
other factor relevant thereto;
(2) ((In consultation with the children's services advisory
committee, and)) With the advice and assistance of persons
representative of the various type agencies to be licensed, to adopt
and publish minimum requirements for licensing applicable to each of
the various categories of agencies to be licensed.
The minimum requirements shall be limited to:
(a) The size and suitability of a facility and the plan of
operation for carrying out the purpose for which an applicant seeks a
license;
(b) Obtaining background information and any out-of-state
equivalent, to determine whether the applicant or service provider is
disqualified and to determine the character, competence, and
suitability of an agency, the agency's employees, volunteers, and other
persons associated with an agency;
(c) Conducting background checks for those who will or may have
unsupervised access to children, expectant mothers, or individuals with
a developmental disability;
(d) Obtaining child protective services information or records
maintained in the department case management information system. No
unfounded allegation of child abuse or neglect as defined in RCW
26.44.020 may be disclosed to a child-placing agency, private adoption
agency, or any other provider licensed under this chapter;
(e) Submitting a fingerprint-based background check through the
Washington state patrol under chapter 10.97 RCW and through the federal
bureau of investigation for:
(i) Agencies and their staff, volunteers, students, and interns
when the agency is seeking license or relicense;
(ii) Foster care and adoption placements; and
(iii) Any adult living in a home where a child may be placed;
(f) If any adult living in the home has not resided in the state of
Washington for the preceding five years, the department shall review
any child abuse and neglect registries maintained by any state where
the adult has resided over the preceding five years;
(g) The cost of fingerprint background check fees will be paid as
required in RCW 43.43.837;
(h) National and state background information must be used solely
for the purpose of determining eligibility for a license and for
determining the character, suitability, and competence of those persons
or agencies, excluding parents, not required to be licensed who are
authorized to care for children or expectant mothers;
(i) The number of qualified persons required to render the type of
care and treatment for which an agency seeks a license;
(j) The safety, cleanliness, and general adequacy of the premises
to provide for the comfort, care and well-being of children, expectant
mothers or developmentally disabled persons;
(k) The provision of necessary care, including food, clothing,
supervision and discipline; physical, mental and social well-being; and
educational, recreational and spiritual opportunities for those served;
(l) The financial ability of an agency to comply with minimum
requirements established pursuant to chapter 74.15 RCW and RCW
74.13.031; and
(m) The maintenance of records pertaining to the admission,
progress, health and discharge of persons served;
(3) To investigate any person, including relatives by blood or
marriage except for parents, for character, suitability, and competence
in the care and treatment of children, expectant mothers, and
developmentally disabled persons prior to authorizing that person to
care for children, expectant mothers, and developmentally disabled
persons. However, if a child is placed with a relative under RCW
13.34.065 or 13.34.130, and if such relative appears otherwise suitable
and competent to provide care and treatment the criminal history
background check required by this section need not be completed before
placement, but shall be completed as soon as possible after placement;
(4) On reports of alleged child abuse and neglect, to investigate
agencies in accordance with chapter 26.44 RCW, including child day-care
centers and family day-care homes, to determine whether the alleged
abuse or neglect has occurred, and whether child protective services or
referral to a law enforcement agency is appropriate;
(5) To issue, revoke, or deny licenses to agencies pursuant to
chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the
category of care which an agency is authorized to render and the ages,
sex and number of persons to be served;
(6) To prescribe the procedures and the form and contents of
reports necessary for the administration of chapter 74.15 RCW and RCW
74.13.031 and to require regular reports from each licensee;
(7) To inspect agencies periodically to determine whether or not
there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the
requirements adopted hereunder;
(8) To review requirements adopted hereunder at least every two
years and to adopt appropriate changes after consultation with affected
groups for child day-care requirements and ((with the children's
services advisory committee)) for requirements for other agencies; and
(9) To consult with public and private agencies in order to help
them improve their methods and facilities for the care of children,
expectant mothers and developmentally disabled persons.
Sec. 47 RCW 74.15.050 and 2009 c 520 s 15 are each amended to
read as follows:
The chief of the Washington state patrol, through the director of
fire protection, shall have the power and it shall be his or her duty:
(1) ((In consultation with the children's services advisory
committee and)) With the advice and assistance of persons
representative of the various type agencies to be licensed, to adopt
recognized minimum standard requirements pertaining to each category of
agency established pursuant to chapter 74.15 RCW and RCW 74.13.031,
except foster-family homes and child-placing agencies, necessary to
protect all persons residing therein from fire hazards;
(2) To make or cause to be made such inspections and investigations
of agencies, other than foster-family homes or child-placing agencies,
as he or she deems necessary;
(3) To make a periodic review of requirements under RCW
74.15.030(7) and to adopt necessary changes after consultation as
required in subsection (1) of this section;
(4) To issue to applicants for licenses hereunder, other than
foster-family homes or child-placing agencies, who comply with the
requirements, a certificate of compliance, a copy of which shall be
presented to the department before a license shall be issued, except
that an initial license may be issued as provided in RCW 74.15.120.
Sec. 48 RCW 74.15.060 and 1991 c 3 s 376 are each amended to read
as follows:
The secretary of health shall have the power and it shall be his or
her duty:
((In consultation with the children's services advisory committee
and)) With the advice and assistance of persons representative of the
various type agencies to be licensed, to develop minimum requirements
pertaining to each category of agency established pursuant to chapter
74.15 RCW and RCW 74.13.031, necessary to promote the health of all
persons residing therein.
The secretary of health or the city, county, or district health
department designated by the secretary shall have the power and the
duty:
(1) To make or cause to be made such inspections and investigations
of agencies as may be deemed necessary; and
(2) To issue to applicants for licenses hereunder who comply with
the requirements adopted hereunder, a certificate of compliance, a copy
of which shall be presented to the department of social and health
services before a license shall be issued, except that ((a
provisional)) an initial license may be issued as provided in RCW
74.15.120.
NEW SECTION. Sec. 49 RCW 70.96A.070 (Citizens advisory
council -- Qualifications -- Duties -- Rules and policies) and 1994 c 231 s
2, 1989 c 270 s 9, 1973 1st ex.s. c 155 s 1, & 1972 ex.s. c 122 s 7 are
each repealed.
Sec. 50 RCW 41.04.033 and 2003 c 205 s 1 are each amended to read
as follows:
The director of the department of personnel is authorized to adopt
rules, after consultation with state agencies, institutions of higher
education, and employee organizations((, to create a Washington state
combined fund drive committee, and)) for the operation of the
Washington state combined fund drive.
Sec. 51 RCW 41.04.0331 and 2003 c 205 s 2 are each amended to
read as follows:
To operate the Washington state combined fund ((drive's powers and
duties include)) drive program, the director of the department of
personnel or his or her designee may but ((are)) is not limited to the
following:
(1) Raising money for charity, and reducing the disruption to
government caused by multiple fund drives;
(2) Establishing criteria by which a public or private nonprofit
organization may participate in the combined fund drive;
(3) Engaging in or encouraging fund-raising activities including
the solicitation and acceptance of charitable gifts, grants, and
donations from state employees, retired public employees, corporations,
foundations, and other individuals for the benefit of the beneficiaries
of the Washington state combined fund drive;
(4) Requesting the appointment of employees from state agencies and
institutions of higher education to lead and manage workplace
charitable giving campaigns within state government;
(5) Engaging in educational activities, including classes,
exhibits, seminars, workshops, and conferences, related to the basic
purpose of the combined fund drive;
(6) Engaging in appropriate fund-raising and advertising activities
for the support of the administrative duties of the Washington state
combined fund drive; and
(7) Charging an administrative fee to the beneficiaries of the
Washington state combined fund drive to fund the administrative duties
of the Washington state combined fund drive.
Activities of the Washington state combined fund drive shall not
result in direct commercial solicitation of state employees, or a
benefit or advantage that would violate one or more provisions of
chapter 42.52 RCW. This section does not authorize individual state
agencies to enter into contracts or partnerships unless otherwise
authorized by law.
Sec. 52 RCW 41.04.0332 and 2003 c 205 s 3 are each amended to
read as follows:
The ((Washington state combined fund drive committee)) department
of personnel may enter into contracts and partnerships with private
institutions, persons, firms, or corporations for the benefit of the
beneficiaries of the Washington state combined fund drive. Activities
of the Washington state combined fund drive shall not result in direct
commercial solicitation of state employees, or a benefit or advantage
that would violate one or more provisions of chapter 42.52 RCW. This
section does not authorize individual state agencies to enter into
contracts or partnerships unless otherwise authorized by law.
Sec. 53 RCW 72.78.030 and 2007 c 483 s 103 are each amended to
read as follows:
(1) The department of ((community, trade, and economic
development)) commerce shall establish a community transition
coordination network pilot program for the purpose of awarding grants
to counties or groups of counties for implementing coordinated reentry
efforts for offenders returning to the community. Grant awards are
subject to the availability of amounts appropriated for this specific
purpose.
(2) By September 1, 2007, the Washington state institute for public
policy shall, in consultation with the department of ((community,
trade, and economic development)) commerce, develop criteria for the
counties in conducting its evaluation as directed by subsection (6)(c)
of this section.
(3) Effective February 1, 2008, any county or group of counties may
apply for participation in the community transition coordination
network pilot program by submitting a proposal for a community
transition coordination network.
(4) A proposal for a community transition coordination network
initiated under this section must be collaborative in nature and must
seek locally appropriate evidence-based or research-based solutions and
promising practices utilizing the participation of public and private
entities or programs to support successful, community-based offender
reentry.
(5) In developing a proposal for a community transition
coordination network, counties or groups of counties and the department
of corrections shall collaborate in addressing:
(a) Efficiencies that may be gained by sharing space or resources
in the provision of reentry services to offenders;
(b) Mechanisms for communication of information about offenders,
including the feasibility of shared access to databases;
(c) Partnerships to establish neighborhood corrections initiatives
as defined in RCW 72.09.280.
(6) A proposal for a community transition coordination network must
include:
(a) Descriptions of collaboration and coordination between local
community policing and supervision programs and those agencies and
entities identified in the inventory conducted pursuant to RCW
72.78.020 to address the risks and needs of offenders under a
participating county or city misdemeanant probation or other
supervision program including:
(i) A proposed method of assessing offenders to identify the
offenders' risks and needs. Counties and cities are encouraged, where
possible, to make use of assessment tools developed by the department
of corrections in this regard;
(ii) A proposal for developing and/or maintaining an individual
reentry plan for offenders;
(iii) Connecting offenders to services and resources that meet the
offender's needs as identified in his or her individual reentry plan
including the identification of community representatives or volunteers
that may assist the offender with his or her transition; and
(iv) The communication of assessment information, individual
reentry plans, and service information between parties involved with
(([the])) the offender's reentry;
(b) Mechanisms to provide information to former offenders regarding
services available to them in the community regardless of the length of
time since the offender's release and regardless of whether the
offender was released from prison or jail. Mechanisms shall, at a
minimum, provide for:
(i) Maintenance of the information gathered in RCW 72.78.020
regarding services currently existing within the community that are
available to offenders; and
(ii) Coordination of access to existing services with community
providers and provision of information to offenders regarding how to
access the various type of services and resources that are available in
the community; and
(c) An evaluation of the county's or group of counties' readiness
to implement a community transition coordination network including the
social service needs of offenders in general, capacity of local
facilities and resources to meet offenders' needs, and the cost to
implement and maintain a community transition coordination network for
the duration of the pilot project.
(7) The department of ((community, trade, and economic
development)) commerce shall review county applications for funding
through the community transition coordination network pilot program
and, no later than April 1, 2008, shall select up to four counties or
groups of counties. In selecting pilot counties or regions, the
department shall consider the extent to which the proposal:
(a) Addresses the requirements set out in subsection (6) of this
section;
(b) Proposes effective partnerships and coordination between local
community policing and supervision programs, social service and
treatment providers, and the department of corrections' community
justice center, if a center is located in the county or region;
(c) Focuses on measurable outcomes such as increased employment and
income, treatment objectives, maintenance of stable housing, and
reduced recidivism;
(d) Contributes to the diversity of pilot programs, considering
factors such as geographic location, size of county or region, and
reentry services currently available. The department shall ensure that
a grant is awarded to at least one rural county or group of counties
and at least one county or group of counties where a community justice
center operated by the department of corrections is located; and
(e) Is feasible, given the evaluation of the social service needs
of offenders, the existing capacity of local facilities and resources
to meet offenders' needs, and the cost to implement a community
transition coordination network in the county or group of counties.
(8) ((The department of community, trade, and economic development
shall convene a policy advisory committee composed of representatives
from the senate, the house of representatives, the governor's office of
financial management, the department of corrections, to include one
representative who is a community corrections officer, the office of
crime victims' advocacy, the Washington state association of counties,
association of Washington cities, a nonprofit provider of reentry
services, and an ex-offender who has discharged the terms of his or her
sentence. The advisory committee shall meet no less than annually to
receive status reports on the implementation of community transition
coordination networks, review annual reports and the pilot project
evaluations submitted pursuant to RCW 72.78.050, and identify evidence-based, research-based, and promising practices for other counties
seeking to establish community transition coordination networks.)) Pilot networks established under this section shall extend
for a period of four fiscal years, beginning July 1, 2008, and ending
June 30, 2012.
(9)
(((10))) (9) This section expires June 30, 2013.
NEW SECTION. Sec. 54 The following acts or parts of acts are
each repealed:
(1) RCW 43.101.310 (Board on law enforcement training standards and
education -- Board on correctional training standards -- Created -- Purpose)
and 1997 c 351 s 2;
(2) RCW 43.101.315 (Boards -- Membership) and 1997 c 351 s 3;
(3) RCW 43.101.320 (Boards -- Terms of members) and 1997 c 351 s 4;
(4) RCW 43.101.325 (Termination of membership upon termination of
qualifying office or employment) and 1997 c 351 s 5;
(5) RCW 43.101.330 (Boards -- Chairs -- Quorum) and 1997 c 351 s 6;
(6) RCW 43.101.335 (Boards -- Travel expenses) and 1997 c 351 s 7;
(7) RCW 43.101.340 (Boards -- Powers -- Report to commission) and 1997
c 351 s 8; and
(8) RCW 43.101.345 (Recommendations of boards -- Review by
commission) and 1997 c 351 s 9.
Sec. 55 RCW 43.101.380 and 2009 c 25 s 1 are each amended to read
as follows:
(1) The procedures governing adjudicative proceedings before
agencies under chapter 34.05 RCW, the administrative procedure act,
govern hearings before the commission and govern all other actions
before the commission unless otherwise provided in this chapter. The
standard of proof in actions before the commission is clear, cogent,
and convincing evidence.
(2) In all hearings requested under RCW 43.101.155, a five-member
hearings panel shall both hear the case and make the commission's final
administrative decision. Members of the commission ((or the board on
law enforcement training standards and education)) may, but need not,
be((,)) appointed to the hearings panels. The commission shall appoint
as follows two or more panels to hear appeals from certification
actions:
(a) When a hearing is requested in relation to a certification
action of a Washington peace officer who is not a peace officer of the
Washington state patrol, the commission shall appoint to the panel:
(i) One police chief; (ii) one sheriff; (iii) two certified Washington
peace officers who are at or below the level of first line supervisor,
one of whom is from a city or county law enforcement agency, and who
have at least ten years' experience as peace officers; and (iv) one
person who is not currently a peace officer and who represents a
community college or four-year college or university.
(b) When a hearing is requested in relation to a certification
action of a peace officer of the Washington state patrol, the
commission shall appoint to the panel: (i) Either one police chief or
one sheriff; (ii) one administrator of the state patrol; (iii) one
certified Washington peace officer who is at or below the level of
first line supervisor, who is not a state patrol officer, and who has
at least ten years' experience as a peace officer; (iv) one state
patrol officer who is at or below the level of first line supervisor,
and who has at least ten years' experience as a peace officer; and (v)
one person who is not currently a peace officer and who represents a
community college or four-year college or university.
(c) When a hearing is requested in relation to a certification
action of a tribal police officer, the commission shall appoint to the
panel (i) either one police chief or one sheriff; (ii) one tribal
police chief; (iii) one certified Washington peace officer who is at or
below the level of first line supervisor, and who has at least ten
years' experience as a peace officer; (iv) one tribal police officer
who is at or below the level of first line supervisor, and who has at
least ten years' experience as a peace officer; and (v) one person who
is not currently a peace officer and who represents a community college
or four-year college or university.
(d) Persons appointed to hearings panels by the commission shall,
in relation to any certification action on which they sit, have the
powers, duties, and immunities, and are entitled to the emoluments,
including travel expenses in accordance with RCW 43.03.050 and
43.03.060, of regular commission members.
(3) Where the charge upon which revocation or denial is based is
that a peace officer was "discharged for disqualifying misconduct," and
the discharge is "final," within the meaning of RCW 43.101.105(1)(d),
and the officer received a civil service hearing or arbitration hearing
culminating in an affirming decision following separation from service
by the employer, the hearings panel may revoke or deny certification if
the hearings panel determines that the discharge occurred and was based
on disqualifying misconduct; the hearings panel need not redetermine
the underlying facts but may make this determination based solely on
review of the records and decision relating to the employment
separation proceeding. However, the hearings panel may, in its
discretion, consider additional evidence to determine whether such a
discharge occurred and was based on such disqualifying misconduct. The
hearings panel shall, upon written request by the subject peace
officer, allow the peace officer to present additional evidence of
extenuating circumstances.
Where the charge upon which revocation or denial of certification
is based is that a peace officer "has been convicted at any time of a
felony offense" within the meaning of RCW 43.101.105(1)(c), the
hearings panel shall revoke or deny certification if it determines that
the peace officer was convicted of a felony. The hearings panel need
not redetermine the underlying facts but may make this determination
based solely on review of the records and decision relating to the
criminal proceeding. However, the hearings panel shall, upon the
panel's determination of relevancy, consider additional evidence to
determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is based is under
RCW 43.101.105(1) (a), (b), (e), or (f), the hearings panel shall
determine the underlying facts relating to the charge upon which
revocation or denial of certification is based.
(4) The commission's final administrative decision is subject to
judicial review under RCW 34.05.510 through 34.05.598.
NEW SECTION. Sec. 56 RCW 43.105.055 (Advisory committees--Customer advisory board) and 1999 c 80 s 7 & 1987 c 504 s 9 are each
repealed.
Sec. 57 RCW 43.105.052 and 2000 c 180 s 1 are each amended to
read as follows:
The department shall:
(1) Perform all duties and responsibilities the board delegates to
the department, including but not limited to:
(a) The review of agency information technology portfolios and
related requests; and
(b) Implementation of statewide and interagency policies,
standards, and guidelines;
(2) Make available information services to state agencies and local
governments and public benefit nonprofit corporations on a full cost-recovery basis. For the purposes of this section "public benefit
nonprofit corporation" means a public benefit nonprofit corporation as
defined in RCW 24.03.005 that is receiving local, state, or federal
funds either directly or through a public agency other than an Indian
tribe or political subdivision of another state. These services may
include, but are not limited to:
(a) Telecommunications services for voice, data, and video;
(b) Mainframe computing services;
(c) Support for departmental and microcomputer evaluation,
installation, and use;
(d) Equipment acquisition assistance, including leasing, brokering,
and establishing master contracts;
(e) Facilities management services for information technology
equipment, equipment repair, and maintenance service;
(f) Negotiation with local cable companies and local governments to
provide for connection to local cable services to allow for access to
these public and educational channels in the state;
(g) Office automation services;
(h) System development services; and
(i) Training.
These services are for discretionary use by customers and customers
may elect other alternatives for service if those alternatives are more
cost-effective or provide better service. Agencies may be required to
use the backbone network portions of the telecommunications services
during an initial start-up period not to exceed three years;
(3) Establish rates and fees for services provided by the
department to assure that the services component of the department is
self-supporting. A billing rate plan shall be developed for a two-year
period to coincide with the budgeting process. The rate plan shall be
subject to review at least annually by the ((customer advisory board))
office of financial management. The rate plan shall show the proposed
rates by each cost center and will show the components of the rate
structure as mutually determined by the department and the ((customer
advisory board)) office of financial management. The same rate
structure will apply to all user agencies of each cost center. The
rate plan and any adjustments to rates shall be approved by the office
of financial management. The services component shall not subsidize
the operations of the strategic planning and policy component;
(4) With the advice of the information services board and agencies,
develop a state strategic information technology plan and performance
reports as required under RCW 43.105.160;
(5) Develop plans for the department's achievement of statewide
goals and objectives set forth in the state strategic information
technology plan required under RCW 43.105.160. These plans shall
address such services as telecommunications, central and distributed
computing, local area networks, office automation, and end user
computing. The department shall seek the advice of the ((customer
advisory board and the)) board in the development of these plans;
(6) Under direction of the information services board and in
collaboration with the department of personnel, and other agencies as
may be appropriate, develop training plans and coordinate training
programs that are responsive to the needs of agencies;
(7) Identify opportunities for the effective use of information
services and coordinate appropriate responses to those opportunities;
(8) Assess agencies' projects, acquisitions, plans, information
technology portfolios, or overall information processing performance as
requested by the board, agencies, the director of financial management,
or the legislature. Agencies may be required to reimburse the
department for agency-requested reviews;
(9) Develop planning, budgeting, and expenditure reporting
requirements, in conjunction with the office of financial management,
for agencies to follow;
(10) Assist the office of financial management with budgetary and
policy review of agency plans for information services;
(11) Provide staff support from the strategic planning and policy
component to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines adopted by
the board;
(c) Supervision of studies and reports requested by the board;
(d) Conducting reviews and assessments as directed by the board;
(12) Be the lead agency in coordinating video telecommunications
services for all state agencies and develop, pursuant to board
policies, standards and common specifications for leased and purchased
telecommunications equipment. The department shall not evaluate the
merits of school curriculum, higher education course offerings, or
other education and training programs proposed for transmission and/or
reception using video telecommunications resources. Nothing in this
section shall abrogate or abridge the legal responsibilities of
licensees of telecommunications facilities as licensed by the federal
communication commission on March 27, 1990; and
(13) Perform all other matters and things necessary to carry out
the purposes and provisions of this chapter.
Sec. 58 RCW 82.58.020 and 2002 c 267 s 4 are each amended to read
as follows:
(((1))) For the purposes of reviewing or amending the agreement
embodying the simplification requirements in RCW 82.58.050, the state
shall enter into multistate discussions. For purposes of these
discussions, the state shall be represented by the department. ((The
governor may appoint up to four persons to consult with the department
at these discussions. The persons advising the department shall not be
compensated and are not entitled to payment of travel expenses by the
state.))
(2) The department shall regularly consult with an advisory group
composed of one member from each of the two largest caucuses of the
senate, appointed by the majority and minority leaders of the senate;
one member from each of the two largest caucuses of the house of
representatives, appointed by the speaker and minority leader of the
house of representatives; representatives of retailers, including those
selling via mail, telephone, and the internet; representatives of large
and small businesses; and representatives of counties and cities. The
department shall use its best efforts to consult with the advisory
group before any multistate discussions in which it is anticipated that
amendments may be proposed to the agreement embodying the
simplification requirements in RCW 82.58.050.
Sec. 59 RCW 46.20.100 and 2002 c 195 s 1 are each amended to read
as follows:
(1) Application. The application of a person under the age of
eighteen years for a driver's license or a motorcycle endorsement must
be signed by a parent or guardian with custody of the minor. If the
person under the age of eighteen has no father, mother, or guardian,
then the application must be signed by the minor's employer.
(2) Traffic safety education requirement. For a person under the
age of eighteen years to obtain a driver's license he or she must meet
the traffic safety education requirements of this subsection.
(a) To meet the traffic safety education requirement for a driver's
license the applicant must satisfactorily complete a traffic safety
education course as defined in RCW 28A.220.020 for a course offered by
a school district, or as defined by the department of licensing for a
course offered by a driver training school licensed under chapter 46.82
RCW. The course offered by a school district or an approved private
school must meet the standards established by the office of the state
superintendent of public instruction. The course offered by a driver
training school must meet the standards established by the department
of licensing ((with the advice of the driver instructors' advisory
committee, pursuant to RCW 46.82.300)). The traffic safety education
course may be provided by:
(i) A recognized secondary school; or
(ii) A driver training school licensed under chapter 46.82 RCW that
is annually approved by the department of licensing.
(b) To meet the traffic safety education requirement for a
motorcycle endorsement, the applicant must successfully complete a
motorcycle safety education course that meets the standards established
by the department of licensing.
(c) The department may waive the traffic safety education
requirement for a driver's license if the applicant demonstrates to the
department's satisfaction that:
(i) He or she was unable to take or complete a traffic safety
education course;
(ii) A need exists for the applicant to operate a motor vehicle;
and
(iii) He or she has the ability to operate a motor vehicle in such
a manner as not to jeopardize the safety of persons or property.
The department may adopt rules to implement this subsection (2)(c) in
concert with the supervisor of the traffic safety education section of
the office of the superintendent of public instruction.
(d) The department may waive the traffic safety education
requirement if the applicant was licensed to drive a motor vehicle or
motorcycle outside this state and provides proof that he or she has had
education equivalent to that required under this subsection.
Sec. 60 RCW 46.82.280 and 2009 c 101 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means the driving instructors' advisory
committee as created in this chapter.)) "Behind-the-wheel instruction" means instruction in an
approved driver training school instruction vehicle according to and
inclusive of the minimum required curriculum. Behind-the-wheel
instruction is characterized by driving experience.
(2)
(((3))) (2) "Classroom" means a space dedicated to and used
exclusively by a driver training instructor for the instruction of
students. With prior department approval, a branch office classroom
may be located within alternative facilities, such as a public or
private library, school, community college, college or university, or
a business training facility.
(((4))) (3) "Classroom instruction" means that portion of a traffic
safety education course that is characterized by classroom-based
student instruction conducted by or under the direct supervision of a
licensed instructor or licensed instructors.
(((5))) (4) "Director" means the director of the department of
licensing of the state of Washington.
(((6))) (5) "Driver training education course" means a course of
instruction in traffic safety education approved and licensed by the
department of licensing that consists of classroom and behind-the-wheel
instruction as documented by the minimum approved curriculum.
(((7))) (6) "Driver training school" means a commercial driver
training school engaged in the business of giving instruction, for a
fee, in the operation of automobiles.
(((8))) (7) "Enrollment" means the collecting of a fee or the
signing of a contract for a driver training education course.
"Enrollment" does not include the collecting of names and contact
information for enrolling students once a driver training school is
licensed to instruct.
(((9))) (8) "Fraudulent practices" means any conduct or
representation on the part of a driver training school owner or
instructor including:
(a) Inducing anyone to believe, or to give the impression, that a
license to operate a motor vehicle or any other license granted by the
director may be obtained by any means other than those prescribed by
law, or furnishing or obtaining the same by illegal or improper means,
or requesting, accepting, or collecting money for such purposes;
(b) Operating a driver training school without a license, providing
instruction without an instructor's license, verifying enrollment prior
to being licensed, misleading or false statements on applications for
a commercial driver training school license or instructor's license or
on any required records or supporting documentation;
(c) Failing to fully document and maintain all required driver
training school records of instruction, school operation, and
instructor training;
(d) Issuing a driver training course certificate without requiring
completion of the necessary behind-the-wheel and classroom instruction.
(((10))) (9) "Instructor" means any person employed by or otherwise
associated with a driver training school to instruct persons in the
operation of an automobile.
(((11))) (10) "Owner" means an individual, partnership,
corporation, association, or other person or group that holds a
substantial interest in a driver training school.
(((12))) (11) "Person" means any individual, firm, corporation,
partnership, or association.
(((13))) (12) "Place of business" means a designated location at
which the business of a driver training school is transacted or its
records are kept.
(((14))) (13) "Student" means any person enrolled in an approved
driver training course.
(((15))) (14) "Substantial interest holder" means a person who has
actual or potential influence over the management or operation of any
driver training school. Evidence of substantial interest includes, but
is not limited to, one or more of the following:
(a) Directly or indirectly owning, operating, managing, or
controlling a driver training school or any part of a driver training
school;
(b) Directly or indirectly profiting from or assuming liability for
debts of a driver training school;
(c) Is an officer or director of a driver training school;
(d) Owning ten percent or more of any class of stock in a privately
or closely held corporate driver training school, or five percent or
more of any class of stock in a publicly traded corporate driver
training school;
(e) Furnishing ten percent or more of the capital, whether in cash,
goods, or services, for the operation of a driver training school
during any calendar year; or
(f) Directly or indirectly receiving a salary, commission,
royalties, or other form of compensation from the activity in which a
driver training school is or seeks to be engaged.
NEW SECTION. Sec. 61 RCW 46.82.300 (Driver instructors' advisory
committee) and 2009 c 101 s 2, 2006 c 219 s 3, 2002 c 195 s 5, 1984 c
287 s 93, & 1979 ex.s. c 51 s 3 are each repealed.
Sec. 62 RCW 46.82.330 and 2009 c 101 s 6 are each amended to read
as follows:
(1) The application for an instructor's license shall document the
applicant's fitness, knowledge, skills, and abilities to teach the
classroom and behind-the-wheel phases of a driver training education
program in a commercial driver training school.
(2) An applicant shall be eligible to apply for an original
instructor's certificate if the applicant possesses and meets the
following qualifications and conditions:
(a) Has been licensed to drive for five or more years and possesses
a current and valid Washington driver's license or is a resident of a
jurisdiction immediately adjacent to Washington state and possesses a
current and valid license issued by such jurisdiction, and does not
have on his or her driving record any of the violations or penalties
set forth in (a)(i), (ii), or (iii) of this subsection. The director
shall have the right to examine the driving record of the applicant
from the department of licensing and from other jurisdictions and from
these records determine if the applicant has had:
(i) Not more than one moving traffic violation within the preceding
twelve months or more than two moving traffic violations in the
preceding twenty-four months;
(ii) No drug or alcohol-related traffic violation or incident
within the preceding three years. If there are two or more drug or
alcohol-related traffic violations in the applicant's driving history,
the applicant is no longer eligible to be a driving instructor; and
(iii) No driver's license suspension, cancellation, revocation, or
denial within the preceding two years, or no more than two of these
occurrences in the preceding five years;
(b) Is a high school graduate or the equivalent and at least
twenty-one years of age;
(c) Has completed an acceptable application on a form prescribed by
the director;
(d) Has satisfactorily completed a course of instruction in the
training of drivers acceptable to the director that is no less than
sixty hours in length and includes instruction in classroom and behind-the-wheel teaching methods and supervised practice behind-the-wheel
teaching of driving techniques; and
(e) Has paid an examination fee as set by rule of the department
and has successfully completed an instructor's examination ((as
approved by the advisory committee)).
Sec. 63 RCW 46.82.420 and 2008 c 125 s 3 are each amended to read
as follows:
(1) The ((advisory committee shall consult with the)) department
((in the development and maintenance of)) shall develop and maintain a
basic minimum required curriculum and ((the department)) shall furnish
to each qualifying applicant for an instructor's license or a driver
training school license a copy of such curriculum.
(2) In addition to information on the safe, lawful, and responsible
operation of motor vehicles on the state's highways, the basic minimum
required curriculum shall include information on:
(a) Intermediate driver's license issuance, passenger and driving
restrictions and sanctions for violating the restrictions, and the
effect of traffic violations and collisions on the driving privileges;
(b) The effects of alcohol and drug use on motor vehicle operators,
including information on drug and alcohol related traffic injury and
mortality rates in the state of Washington and the current penalties
for driving under the influence of drugs or alcohol;
(c) Motorcycle awareness, approved by the director, to ensure new
operators of motor vehicles have been instructed in the importance of
safely sharing the road with motorcyclists;
(d) Bicycle safety, to ensure that operators of motor vehicles have
been instructed in the importance of safely sharing the road with
bicyclists; and
(e) Pedestrian safety, to ensure that operators of motor vehicles
have been instructed in the importance of safely sharing the road with
pedestrians.
(3) Should the director be presented with acceptable proof that any
licensed instructor or driver training school is not showing proper
diligence in teaching such basic minimum curriculum as required, the
instructor or school shall be required to appear before the ((advisory
committee)) director and show cause why the license of the instructor
or school should not be revoked for such negligence. If the
((committee)) director does not accept such reasons as may be offered,
the director may revoke the license of the instructor or school, or
both.
Sec. 64 RCW 72.23.025 and 2006 c 333 s 204 are each amended to
read as follows:
(1) It is the intent of the legislature to improve the quality of
service at state hospitals, eliminate overcrowding, and more
specifically define the role of the state hospitals. The legislature
intends that eastern and western state hospitals shall become clinical
centers for handling the most complicated long-term care needs of
patients with a primary diagnosis of mental disorder. To this end, the
legislature intends that funds appropriated for mental health programs,
including funds for regional support networks and the state hospitals
be used for persons with primary diagnosis of mental disorder. The
legislature finds that establishment of ((the eastern state hospital
board, the western state hospital board, and)) institutes for the study
and treatment of mental disorders at both eastern state hospital and
western state hospital will be instrumental in implementing the
legislative intent.
(2)(((a) The eastern state hospital board and the western state
hospital board are each established. Members of the boards shall be
appointed by the governor with the consent of the senate. Each board
shall include:))(a) There is established at eastern state hospital and western
state hospital, institutes for the study and treatment of mental
disorders. The institutes shall be operated by joint operating
agreements between state colleges and universities and the department
of social and health services. The institutes are intended to conduct
training, research, and clinical program development activities that
will directly benefit ((
(i) The director of the institute for the study and treatment of
mental disorders established at the hospital;
(ii) One family member of a current or recent hospital resident;
(iii) One consumer of services;
(iv) One community mental health service provider;
(v) Two citizens with no financial or professional interest in
mental health services;
(vi) One representative of the regional support network in which
the hospital is located;
(vii) One representative from the staff who is a physician;
(viii) One representative from the nursing staff;
(ix) One representative from the other professional staff;
(x) One representative from the nonprofessional staff; and
(xi) One representative of a minority community.
(b) At least one representative listed in (a)(viii), (ix), or (x)
of this subsection shall be a union member.
(c) Members shall serve four-year terms. Members of the board
shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060 and shall receive compensation as provided in RCW
43.03.240.
(3) The boards established under this section shall:
(a) Monitor the operation and activities of the hospital;
(b) Review and advise on the hospital budget;
(c) Make recommendations to the governor and the legislature for
improving the quality of service provided by the hospital;
(d) Monitor and review the activities of the hospital in
implementing the intent of the legislature set forth in this section;
and
(e) Consult with the secretary regarding persons the secretary may
select as the superintendent of the hospital whenever a vacancy occurs.
(4)mentally ill)) persons with mental illness who
are receiving treatment in Washington state by performing the following
activities:
(i) Promote recruitment and retention of highly qualified
professionals at the state hospitals and community mental health
programs;
(ii) Improve clinical care by exploring new, innovative, and
scientifically based treatment models for persons presenting
particularly difficult and complicated clinical syndromes;
(iii) Provide expanded training opportunities for existing staff at
the state hospitals and community mental health programs;
(iv) Promote bilateral understanding of treatment orientation,
possibilities, and challenges between state hospital professionals and
community mental health professionals.
(b) To accomplish these purposes the institutes may, within funds
appropriated for this purpose:
(i) Enter joint operating agreements with state universities or
other institutions of higher education to accomplish the placement and
training of students and faculty in psychiatry, psychology, social
work, occupational therapy, nursing, and other relevant professions at
the state hospitals and community mental health programs;
(ii) Design and implement clinical research projects to improve the
quality and effectiveness of state hospital services and operations;
(iii) Enter into agreements with community mental health service
providers to accomplish the exchange of professional staff between the
state hospitals and community mental health service providers;
(iv) Establish a student loan forgiveness and conditional
scholarship program to retain qualified professionals at the state
hospitals and community mental health providers when the secretary has
determined a shortage of such professionals exists.
(c) Notwithstanding any other provisions of law to the contrary,
the institutes may enter into agreements with the department or the
state hospitals which may involve changes in staffing necessary to
implement improved patient care programs contemplated by this section.
(d) The institutes are authorized to seek and accept public or
private gifts, grants, contracts, or donations to accomplish their
purposes under this section.
NEW SECTION. Sec. 65 RCW 70.168.020 (Steering committee--Composition -- Appointment) and 2000 c 93 s 20, 1990 c 269 s 5, & 1988 c
183 s 2 are each repealed.
Sec. 66 RCW 70.168.030 and 1998 c 245 s 117 are each amended to
read as follows:
(1) ((Upon the recommendation of the steering committee,)) The
director of the office of financial management shall contract with an
independent party for an analysis of the state's trauma system.
(2) The analysis shall contain at a minimum, the following:
(a) The identification of components of a functional statewide
trauma care system, including standards; and
(b) An assessment of the current trauma care program compared with
the functional statewide model identified in subsection (a) of this
section, including an analysis of deficiencies and reasons for the
deficiencies.
(3) The analysis shall provide a design for a statewide trauma care
system based on the findings of the committee under subsection (2) of
this section, with a plan for phased-in implementation. The plan shall
include, at a minimum, the following:
(a) Responsibility for implementation;
(b) Administrative authority at the state, regional, and local
levels;
(c) Facility, equipment, and personnel standards;
(d) Triage and care criteria;
(e) Data collection and use;
(f) Cost containment strategies;
(g) System evaluation; and
(h) Projected costs.
Sec. 67 RCW 70.168.050 and 1990 c 269 s 3 are each amended to
read as follows:
(1) The department((, in consultation with, and having solicited
the advice of, the emergency medical services and trauma care steering
committee,)) shall establish the Washington state emergency medical
services and trauma care system.
(2) The department shall adopt rules consistent with this chapter
to carry out the purpose of this chapter. All rules shall be adopted
in accordance with chapter 34.05 RCW. All rules and procedures adopted
by the department shall minimize paperwork and compliance requirements
for facilities and other participants. The department shall assure an
opportunity for consultation, review, and comment by the public and
providers of emergency medical services and trauma care before adoption
of rules. When developing rules to implement this chapter the
department shall consider the report of the Washington state trauma
project established under chapter 183, Laws of 1988. Nothing in this
chapter requires the department to follow any specific recommendation
in that report except as it may also be included in this chapter.
(3) The department may apply for, receive, and accept gifts and
other payments, including property and service, from any governmental
or other public or private entity or person, and may make arrangements
as to the use of these receipts, including any activities related to
the design, maintenance, or enhancements of the emergency medical
services and trauma care system in the state. The department shall
make available upon request to the appropriate legislative committees
information concerning the source, amount, and use of such gifts or
payments.
Sec. 68 RCW 70.168.060 and 1990 c 269 s 8 are each amended to
read as follows:
The department((, in consultation with and having solicited the
advice of the emergency medical services and trauma care steering
committee,)) shall:
(1) Establish the following on a statewide basis:
(a) ((By September 1990,)) Minimum standards for facility,
equipment, and personnel for level I, II, III, IV, and V trauma care
services;
(b) ((By September 1990,)) Minimum standards for facility,
equipment, and personnel for level I, I-pediatric, II, and III trauma-related rehabilitative services;
(c) ((By September 1990,)) Minimum standards for facility,
equipment, and personnel for level I, II, and III pediatric trauma care
services;
(d) ((By September 1990,)) Minimum standards required for verified
prehospital trauma care services, including equipment and personnel;
(e) Personnel training requirements and programs for providers of
trauma care. The department shall design programs which are accessible
to rural providers including on-site training;
(f) Statewide emergency medical services and trauma care system
objectives and priorities;
(g) Minimum standards for the development of facility patient care
protocols and prehospital patient care protocols and patient care
procedures;
(h) ((By July 1991,)) Minimum standards for an effective emergency
medical communication system;
(i) Minimum standards for an effective emergency medical services
transportation system; and
(j) ((By July 1991,)) Establish a program for emergency medical
services and trauma care research and development;
(2) Establish statewide standards, personnel training requirements
and programs, system objectives and priorities, protocols and
guidelines as required in subsection (1) of this section, by utilizing
those standards adopted in the report of the Washington trauma advisory
committee as authorized by chapter 183, Laws of 1988. In establishing
standards for level IV or V trauma care services the department may
adopt similar standards adopted for services provided in rural health
care facilities authorized in chapter 70.175 RCW. The department may
modify standards, personnel training requirements and programs, system
objectives and priorities, and guidelines in rule if the department
determines that such modifications are necessary to meet federal and
other state requirements or are essential to allow the department and
others to establish the system or should it determine that public
health considerations or efficiencies in the delivery of emergency
medical services and trauma care warrant such modifications;
(3) Designate emergency medical services and trauma care planning
and service regions as provided for in this chapter;
(4) ((By July 1, 1992,)) Establish the minimum and maximum number
of hospitals and health care facilities in the state and within each
emergency medical services and trauma care planning and service region
that may provide designated trauma care services based upon approved
regional emergency medical services and trauma care plans;
(5) ((By July 1, 1991,)) Establish the minimum and maximum number
of prehospital providers in the state and within each emergency medical
services and trauma care planning and service region that may provide
verified trauma care services based upon approved regional emergency
medical services and trauma care plans;
(6) ((By July 1993,)) Begin the designation of hospitals and health
care facilities to provide designated trauma care services in
accordance with needs identified in the statewide emergency medical
services and trauma care plan;
(7) ((By July 1990,)) Adopt a format for submission of the regional
plans to the department;
(8) ((By July 1991,)) Begin the review and approval of regional
emergency medical services and trauma care plans;
(9) ((By July 1992,)) Prepare regional plans for those regions that
do not submit a regional plan to the department that meets the
requirements of this chapter;
(10) ((By October 1992,)) Prepare and implement the statewide
emergency medical services and trauma care system plan incorporating
the regional plans;
(11) Coordinate the statewide emergency medical services and trauma
care system to assure integration and smooth operation between the
regions;
(12) ((Facilitate coordination between the emergency medical
services and trauma care steering committee and the emergency medical
services licensing and certification advisory committee;)) Monitor the statewide emergency medical services and trauma
care system;
(13)
(((14))) (13) Conduct a study of all costs, charges, expenses, and
levels of reimbursement associated with providers of trauma care
services, and provide its findings and any recommendations regarding
adequate and equitable reimbursement to trauma care providers to the
legislature by July 1, 1991;
(((15))) (14) Monitor the level of public and private payments made
on behalf of trauma care patients to determine whether health care
providers have been adequately reimbursed for the costs of care
rendered such persons;
(((16) By July 1991,)) (15) Design and establish the statewide
trauma care registry as authorized in RCW 70.168.090 to (a) assess the
effectiveness of emergency medical services and trauma care delivery,
and (b) modify standards and other system requirements to improve the
provision of emergency medical services and trauma care;
(((17) By July 1991,)) (16) Develop patient outcome measures to
assess the effectiveness of emergency medical services and trauma care
in the system;
(((18) By July 1993,)) (17) Develop standards for regional
emergency medical services and trauma care quality assurance programs
required in RCW 70.168.090;
(((19))) (18) Administer funding allocated to the department for
the purpose of creating, maintaining, or enhancing the statewide
emergency medical services and trauma care system; and
(((20) By October 1990,)) (19) Begin coordination and development
of trauma prevention and education programs.
Sec. 69 RCW 70.168.130 and 1990 c 269 s 16 are each amended to
read as follows:
(1) The department((, with the assistance of the emergency medical
services and trauma care steering committee,)) shall adopt a program
for the disbursement of funds for the development, implementation, and
enhancement of the emergency medical services and trauma care system.
Under the program, the department shall disburse funds to each
emergency medical services and trauma care regional council, or their
chosen fiscal agent or agents, which shall be city or county
governments, stipulating the purpose for which the funds shall be
expended. The regional emergency medical services and trauma care
council shall use such funds to make available matching grants in an
amount not to exceed fifty percent of the cost of the proposal for
which the grant is made; provided, the department may waive or modify
the matching requirement if it determines insufficient local funding
exists and the public health and safety would be jeopardized if the
proposal were not funded. Grants shall be made to any public or
private nonprofit agency which, in the judgment of the regional
emergency medical services and trauma care council, will best fulfill
the purpose of the grant.
(2) Grants may be awarded for any of the following purposes:
(a) Establishment and initial development of an emergency medical
services and trauma care system;
(b) Expansion and improvement of an emergency medical services and
trauma care system;
(c) Purchase of equipment for the operation of an emergency medical
services and trauma care system;
(d) Training and continuing education of emergency medical and
trauma care personnel; and
(e) Department approved research and development activities
pertaining to emergency medical services and trauma care.
(3) Any emergency medical services agency or trauma care provider
which receives a grant shall stipulate that it will:
(a) Operate in accordance with applicable provisions and standards
required under this chapter;
(b) Provide, without prior inquiry as to ability to pay, emergency
medical and trauma care to all patients requiring such care; and
(c) Be consistent with applicable provisions of the regional
emergency medical services and trauma care plan and the statewide
emergency medical services and trauma care system plan.
Sec. 70 RCW 18.76.050 and 1990 c 269 s 21 are each amended to
read as follows:
The secretary ((with the advice of the emergency medical services
and trauma care steering committee established under RCW 18.73.050))
shall adopt rules, under chapter 34.05 RCW, prescribing:
(1) Standards for the operation of a poison information center;
(2) Standards and procedures for certification, recertification and
decertification of poison center medical directors and poison
information specialists; and
(3) Standards and procedures for reciprocity with other states or
national certifying agencies.
NEW SECTION. Sec. 71 The following acts or parts of acts are
each repealed:
(1) RCW 18.73.040 (Emergency medical services licensing and
certification advisory committee) and 1990 c 269 s 6, 1984 c 279 s 55,
1981 c 338 s 13, 1979 ex.s. c 261 s 2, 1975-'76 2nd ex.s. c 34 s 43, &
1973 1st ex.s. c 208 s 4; and
(2) RCW 18.73.050 (Committee -- Duties -- Review of rules) and 1990 c
269 s 7, 1987 c 214 s 3, 1979 ex.s. c 261 s 3, & 1973 1st ex.s. c 208
s 5.
Sec. 72 RCW 18.71.205 and 1996 c 191 s 55 and 1996 c 178 s 6 are
each reenacted and amended to read as follows:
(1) The secretary of the department of health((, in conjunction
with the advice and assistance of the emergency medical services
licensing and certification advisory committee as prescribed in RCW
18.73.050, and the commission,)) shall prescribe:
(a) Practice parameters, training standards for, and levels of,
physician trained emergency medical service intermediate life support
technicians and paramedics;
(b) Minimum standards and performance requirements for the
certification and recertification of physician's trained emergency
medical service intermediate life support technicians and paramedics;
and
(c) Procedures for certification, recertification, and
decertification of physician's trained emergency medical service
intermediate life support technicians and paramedics.
(2) Initial certification shall be for a period established by the
secretary pursuant to RCW 43.70.250 and 43.70.280.
(3) Recertification shall be granted upon proof of continuing
satisfactory performance and education, and shall be for a period
established by the secretary pursuant to RCW 43.70.250 and 43.70.280.
(4) As used in chapters 18.71 and 18.73 RCW, "approved medical
program director" means a person who:
(a) Is licensed to practice medicine and surgery pursuant to
chapter 18.71 RCW or osteopathic medicine and surgery pursuant to
chapter 18.57 RCW; and
(b) Is qualified and knowledgeable in the administration and
management of emergency care and services; and
(c) Is so certified by the department of health for a county, group
of counties, or cities with populations over four hundred thousand in
coordination with the recommendations of the local medical community
and local emergency medical services and trauma care council.
(5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs
uncertified practice, the issuance and denial of certificates, and the
disciplining of certificate holders under this section. The secretary
shall be the disciplining authority under this section. Disciplinary
action shall be initiated against a person credentialed under this
chapter in a manner consistent with the responsibilities and duties of
the medical program director under whom such person is responsible.
(6) Such activities of physician's trained emergency medical
service intermediate life support technicians and paramedics shall be
limited to actions taken under the express written or oral order of
medical program directors and shall not be construed at any time to
include free standing or nondirected actions, for actions not
presenting an emergency or life-threatening condition.
Sec. 73 RCW 18.73.030 and 2005 c 193 s 2 are each amended to read
as follows:
((Unless a different meaning is plainly required by the context,
the following words and phrases as used in this chapter shall have the
meanings indicated.)) The definitions in this section apply throughout
this chapter unless the context clearly requires otherwise.
(1) "Secretary" means the secretary of the department of health.
(2) "Department" means the department of health.
(3) (("Committee" means the emergency medical services licensing
and certification advisory committee.)) "Ambulance" means a ground or air vehicle designed and used
to transport the ill and injured and to provide personnel, facilities,
and equipment to treat patients before and during transportation.
(4)
(((5))) (4) "Aid vehicle" means a vehicle used to carry aid
equipment and individuals trained in first aid or emergency medical
procedure.
(((6))) (5) "Emergency medical technician" means a person who is
authorized by the secretary to render emergency medical care pursuant
to RCW 18.73.081.
(((7))) (6) "Ambulance service" means an organization that operates
one or more ambulances.
(((8))) (7) "Aid service" means an organization that operates one
or more aid vehicles.
(((9))) (8) "Emergency medical service" means medical treatment and
care which may be rendered at the scene of any medical emergency or
while transporting any patient in an ambulance to an appropriate
medical facility, including ambulance transportation between medical
facilities.
(((10))) (9) "Communications system" means a radio and landline
network which provides rapid public access, coordinated central
dispatching of services, and coordination of personnel, equipment, and
facilities in an emergency medical services and trauma care system.
(((11))) (10) "Prehospital patient care protocols" means the
written procedure adopted by the emergency medical services medical
program director which direct the out-of-hospital emergency care of the
emergency patient which includes the trauma care patient. These
procedures shall be based upon the assessment of the patient's medical
needs and what treatment will be provided for emergency conditions.
The protocols shall meet or exceed statewide minimum standards
developed by the department in rule as authorized in chapter 70.168
RCW.
(((12))) (11) "Patient care procedures" means written operating
guidelines adopted by the regional emergency medical services and
trauma care council, in consultation with the local emergency medical
services and trauma care councils, emergency communication centers, and
the emergency medical services medical program director, in accordance
with statewide minimum standards. The patient care procedures shall
identify the level of medical care personnel to be dispatched to an
emergency scene, procedures for triage of patients, the level of trauma
care facility to first receive the patient, and the name and location
of other trauma care facilities to receive the patient should an
interfacility transfer be necessary. Procedures on interfacility
transfer of patients shall be consistent with the transfer procedures
in chapter 70.170 RCW.
(((13))) (12) "Emergency medical services medical program director"
means a person who is an approved medical program director as defined
by RCW 18.71.205(4).
(((14))) (13) "Council" means the local or regional emergency
medical services and trauma care council as authorized under chapter
70.168 RCW.
(((15))) (14) "Basic life support" means noninvasive emergency
medical services requiring basic medical treatment skills as defined in
chapter 18.73 RCW.
(((16))) (15) "Advanced life support" means invasive emergency
medical services requiring advanced medical treatment skills as defined
by chapter 18.71 RCW.
(((17))) (16) "First responder" means a person who is authorized by
the secretary to render emergency medical care as defined by RCW
18.73.081.
(((18))) (17) "Stretcher" means a cart designed to serve as a
litter for the transportation of a patient in a prone or supine
position as is commonly used in the ambulance industry, such as wheeled
stretchers, portable stretchers, stair chairs, solid backboards, scoop
stretchers, basket stretchers, or flexible stretchers. The term does
not include personal mobility aids that recline at an angle or remain
at a flat position, that are owned or leased for a period of at least
one week by the individual using the equipment or the individual's
guardian or representative, such as wheelchairs, personal gurneys, or
banana carts.
Sec. 74 RCW 18.73.101 and 2000 c 93 s 17 are each amended to read
as follows:
The secretary may grant a variance from a provision of this chapter
and RCW 18.71.200 through 18.71.220 if no detriment to health and
safety would result from the variance and compliance is expected to
cause reduction or loss of existing emergency medical services.
Variances may be granted for a period of no more than one year. A
variance may be renewed by the secretary ((upon approval of the
committee)).
NEW SECTION. Sec. 75 RCW 41.50.086 (Employee retirement
benefits board -- Created -- Membership) and 2001 c 181 s 1, 1998 c 341 s
506, & 1995 c 239 s 301 are each repealed.
Sec. 76 RCW 41.50.088 and 2005 c 327 s 14 are each amended to
read as follows:
(1) The ((board)) director shall adopt rules as necessary and
exercise the following powers and duties:
(a) The ((board)) director shall recommend to the state investment
board types of options for member self-directed investment in the
teachers' retirement system plan 3, the school employees' retirement
system plan 3, and the public employees' retirement system plan 3 as
deemed by the ((board)) director to be reflective of the members'
preferences;
(b) By July 1, 2005, subject to favorable tax determination by the
internal revenue service, the ((board)) director shall make optional
actuarially equivalent life annuity benefit payment schedules available
to members and survivors that may be purchased from the combined plan
2 and plan 3 funds under RCW 41.50.075; and
(c) Determination of the basis for administrative charges to the
self-directed investment fund to offset self-directed account expenses;
(2) The ((board)) director shall recommend to the state investment
board types of options for participant self-directed investment in the
state deferred compensation plan, as deemed by the ((board)) director
to be reflective of the participants' preferences.
Sec. 77 RCW 41.50.770 and 1998 c 116 s 11 are each amended to
read as follows:
(1) "Employee" as used in this section and RCW 41.50.780 includes
all full-time, part-time, and career seasonal employees of the state,
a county, a municipality, or other political subdivision of the state,
whether or not covered by civil service; elected and appointed
officials of the executive branch of the government, including full-time members of boards, commissions, or committees; justices of the
supreme court and judges of the court of appeals and of the superior
and district courts; and members of the state legislature or of the
legislative authority of any county, city, or town.
(2) The state, through the department, and any county,
municipality, or other political subdivision of the state acting
through its principal supervising official or governing body is
authorized to contract with an employee to defer a portion of that
employee's income, which deferred portion shall in no event exceed the
amount allowable under 26 U.S.C. Sec. 457, and deposit or invest such
deferred portion in a credit union, savings and loan association, bank,
or mutual savings bank or purchase life insurance, shares of an
investment company, or fixed and/or variable annuity contracts from any
insurance company or any investment company licensed to contract
business in this state.
(3) Employees participating in the state deferred compensation plan
administered by the department shall self-direct the investment of the
deferred portion of their income through the selection of investment
options as set forth in subsection (4) of this section.
(4) The department can provide such plans as it deems are in the
interests of state employees. In addition to the types of investments
described in this section, the state investment board, with respect to
the state deferred compensation plan, shall invest the deferred portion
of an employee's income, without limitation as to amount, in accordance
with RCW 43.84.150, 43.33A.140, and 41.50.780, and pursuant to
investment policy established by the state investment board for the
state deferred compensation plans. The state investment board, after
consultation with the ((employee retirement benefits board)) director
regarding any recommendations made pursuant to RCW 41.50.088(2), shall
provide a set of options for participants to choose from for investment
of the deferred portion of their income. Any income deferred under
such a plan shall continue to be included as regular compensation, for
the purpose of computing the state or local retirement and pension
benefits earned by any employee.
(5) Coverage of an employee under a deferred compensation plan
under this section shall not render such employee ineligible for
simultaneous membership and participation in any pension system for
public employees.
Sec. 78 RCW 41.50.780 and 2008 c 229 s 12 are each amended to
read as follows:
(1) The deferred compensation principal account is hereby created
in the state treasury.
(2) The amount of compensation deferred by employees under
agreements entered into under the authority contained in RCW 41.50.770
shall be paid into the deferred compensation principal account and
shall be sufficient to cover costs of administration and staffing in
addition to such other amounts as determined by the department. The
deferred compensation principal account shall be used to carry out the
purposes of RCW 41.50.770. All eligible state employees shall be given
the opportunity to participate in agreements entered into by the
department under RCW 41.50.770. State agencies shall cooperate with
the department in providing employees with the opportunity to
participate.
(3) Any county, municipality, or other subdivision of the state may
elect to participate in any agreements entered into by the department
under RCW 41.50.770, including the making of payments therefrom to the
employees participating in a deferred compensation plan upon their
separation from state or other qualifying service. Accordingly, the
deferred compensation principal account shall be considered to be a
public pension or retirement fund within the meaning of Article XXIX,
section 1 of the state Constitution, for the purpose of determining
eligible investments and deposits of the moneys therein.
(4) All moneys in the state deferred compensation principal account
and the state deferred compensation administrative account, all
property and rights purchased therewith, and all income attributable
thereto, shall be held in trust by the state investment board, as set
forth under RCW 43.33A.030, for the exclusive benefit of the state
deferred compensation plan's participants and their beneficiaries.
Neither the participant, nor the participant's beneficiary or
beneficiaries, nor any other designee, has any right to commute, sell,
assign, transfer, or otherwise convey the right to receive any payments
under the plan. These payments and right thereto are nonassignable and
nontransferable. Unpaid accumulated deferrals are not subject to
attachment, garnishment, or execution and are not transferable by
operation of law in event of bankruptcy or insolvency, except to the
extent otherwise required by law.
(5) The state investment board has the full power to invest moneys
in the state deferred compensation principal account and the state
deferred compensation administrative account in accordance with RCW
43.84.150, 43.33A.140, and 41.50.770, and cumulative investment
directions received pursuant to RCW 41.50.770. All investment and
operating costs of the state investment board associated with the
investment of the deferred compensation plan assets shall be paid
pursuant to RCW 43.33A.160 and 43.84.160. With the exception of these
expenses, one hundred percent of all earnings from these investments
shall accrue directly to the deferred compensation principal account.
(6)(a) No state board or commission, agency, or any officer,
employee, or member thereof is liable for any loss or deficiency
resulting from participant investments selected pursuant to RCW
41.50.770(3).
(b) Neither the ((employee retirement benefits board)) department,
nor the director or any employee, nor the state investment board, nor
any officer, employee, or member thereof is liable for any loss or
deficiency resulting from reasonable efforts to implement investment
directions pursuant to RCW 41.50.770(3).
(7) The deferred compensation administrative account is hereby
created in the state treasury. All expenses of the department
pertaining to the deferred compensation plan including staffing and
administrative expenses shall be paid out of the deferred compensation
administrative account. Any excess balances credited to this account
over administrative expenses disbursed from this account shall be
transferred to the deferred compensation principal account at such time
and in such amounts as may be determined by the department with the
approval of the office of financial management. Any deficiency in the
deferred compensation administrative account caused by an excess of
administrative expenses disbursed from this account shall be
transferred to this account from the deferred compensation principal
account.
(8)(a)(i) The department shall keep or cause to be kept full and
adequate accounts and records of the assets of each individual
participant, obligations, transactions, and affairs of any deferred
compensation plans created under RCW 41.50.770 and this section. The
department shall account for and report on the investment of state
deferred compensation plan assets or may enter into an agreement with
the state investment board for such accounting and reporting.
(ii) The department's duties related to individual participant
accounts include conducting the activities of trade instruction,
settlement activities, and direction of cash movement and related wire
transfers with the custodian bank and outside investment firms.
(iii) The department has sole responsibility for contracting with
any recordkeepers for individual participant accounts and shall manage
the performance of recordkeepers under those contracts.
(b)(i) The department's duties under (a)(ii) of this subsection do
not limit the authority of the state investment board to conduct its
responsibilities for asset management and balancing of the deferred
compensation funds.
(ii) The state investment board has sole responsibility for
contracting with outside investment firms to provide investment
management for the deferred compensation funds and shall manage the
performance of investment managers under those contracts.
(c) The state treasurer shall designate and define the terms of
engagement for the custodial banks.
(9) The department may adopt rules necessary to carry out its
responsibilities under RCW 41.50.770 and this section.
Sec. 79 RCW 41.34.020 and 2000 c 247 s 401 are each amended to
read as follows:
As used in this chapter, the following terms have the meanings
indicated:
(1) "Actuary" means the state actuary or the office of the state
actuary.
(2) (("Board" means the employee retirement benefits board
authorized in chapter 41.50 RCW.)) "Department" means the department of retirement systems.
(3)
(((4))) (3)(a) "Compensation" for teachers for purposes of this
chapter is the same as "earnable compensation" for plan 3 in chapter
41.32 RCW except that the compensation may be reported when paid,
rather than when earned.
(b) "Compensation" for classified employees for purposes of this
chapter is the same as "compensation earnable" for plan 3 in RCW
41.35.010, except that the compensation may be reported when paid,
rather than when earned.
(c) "Compensation" for public employees for purposes of this
chapter is the same as "compensation earnable" for plan 3 in RCW
41.40.010, except that the compensation may be reported when paid,
rather than when earned.
(((5))) (4)(a) "Employer" for teachers for purposes of this chapter
means the same as "employer" for plan 3 in chapter 41.32 RCW.
(b) "Employer" for classified employees for purposes of this
chapter means the same as "employer" for plan 3 in RCW 41.35.010.
(c) "Employer" for public employees for purposes of this chapter
means the same as "employer" for plan 3 in RCW 41.40.010.
(((6))) (5) "Member" means any employee included in the membership
of a retirement system as provided for in chapter 41.32 RCW of plan 3,
chapter 41.35 RCW of plan 3, or chapter 41.40 RCW of plan 3.
(((7))) (6) "Member account" or "member's account" means the sum of
the contributions and earnings on behalf of the member.
(((8))) (7) "Retiree" means any member in receipt of an allowance
or other benefit provided by this chapter resulting from service
rendered to an employer by such member.
(((9))) (8) "Teacher" means a member of the teachers' retirement
system plan 3 as defined in RCW 41.32.010(29).
(((10))) (9) "Classified employee" means a member of the school
employees' retirement system plan 3 as defined in RCW 41.35.010.
(((11))) (10) "Public employee" means a member of the public
employees' retirement system plan 3 as defined in RCW 41.40.010.
Sec. 80 RCW 41.34.040 and 2003 c 156 s 1 are each amended to read
as follows:
(1) A member shall contribute from his or her compensation
according to one of the following rate structures in addition to the
mandatory minimum five percent:
| Option A | Contribution Rate |
| All Ages | 0.0% fixed |
| Option B | |
| Up to Age 35 | 0.0% |
| Age 35 to 44 | 1.0% |
| Age 45 and above | 2.5% |
| Option C | |
| Up to Age 35 | 1.0% |
| Age 35 to 44 | 2.5% |
| Age 45 and above | 3.5% |
| Option D | |
| All Ages | 2.0% |
| Option E | |
| All Ages | 5.0% |
| Option F | |
| All Ages | 10.0% |
Sec. 81 RCW 41.34.070 and 2005 c 327 s 3 are each amended to read
as follows:
(1) If the member retires, becomes disabled, or otherwise
terminates employment, the balance in the member's account may be
distributed in accordance with an option selected by the member either
as a lump sum or pursuant to other options authorized by the ((board))
department.
(2) If the member dies while in service, the balance of the
member's account may be distributed in accordance with an option
selected by the member either as a lump sum or pursuant to other
options authorized by the ((board)) department. The distribution is as
follows:
(a) The distribution shall be made to such person or persons as the
member shall have nominated by written designation duly executed and
filed with the department;
(b) If there be no such designated person or persons still living
at the time of the member's death, the balance of the member's account
in the retirement system, less any amount identified as owing to an
obligee upon withdrawal of such account balance pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's
surviving spouse as if in fact such spouse had been nominated by
written designation;
(c) If there is no surviving spouse, then to such person or
persons, trust, or organization as the member shall have nominated by
written designation duly executed and filed with the department; or
(d) If there is no such designated person or persons still living
at the time of the member's death, then to the member's legal
representatives.
(3) If a member has a terminal illness and terminates from
employment, the member may choose to have the balance in the member's
account distributed as a lump sum payment based on the most recent
valuation in order to expedite the distribution. The department shall
make this payment within ten working days after receipt of notice of
termination of employment, documentation verifying the terminal
illness, and an application for payment.
(4) The distribution under subsections (1), (2), or (3) of this
section shall be less any amount identified as owing to an obligee upon
withdrawal pursuant to a court order filed under RCW 41.50.670.
Sec. 82 RCW 41.34.130 and 2001 c 181 s 3 are each amended to read
as follows:
(1) The state investment board has the full authority to invest all
self-directed investment moneys in accordance with RCW 43.84.150 and
43.33A.140, and cumulative investment directions received pursuant to
RCW 41.34.060 and this section. In carrying out this authority the
state investment board, after consultation with the ((employee
retirement benefits board)) department regarding any recommendations
made pursuant to RCW 41.50.088(1)(b), shall provide a set of options
for members to choose from for self-directed investment.
(2) All investment and operating costs of the state investment
board associated with making self-directed investments shall be paid by
members and recovered under procedures agreed to by the ((board))
department and the state investment board pursuant to the principles
set forth in RCW 43.33A.160 and 43.84.160. All other expenses caused
by self-directed investment shall be paid by the member in accordance
with rules established by the ((board)) department under RCW 41.50.088.
With the exception of these expenses, all earnings from self-directed
investments shall accrue to the member's account.
(3)(a)(i) The department shall keep or cause to be kept full and
adequate accounts and records of each individual member's account. The
department shall account for and report on the investment of defined
contribution assets or may enter into an agreement with the state
investment board for such accounting and reporting under this chapter.
(ii) The department's duties related to individual participant
accounts include conducting the activities of trade instruction,
settlement activities, and direction of cash movement and related wire
transfers with the custodian bank and outside investment firms.
(iii) The department has sole responsibility for contracting with
any recordkeepers for individual participant accounts and shall manage
the performance of recordkeepers under those contracts.
(b)(i) The department's duties under (a)(ii) of this subsection do
not limit the authority of the state investment board to conduct its
responsibilities for asset management and balancing of the deferred
compensation funds.
(ii) The state investment board has sole responsibility for
contracting with outside investment firms to provide investment
management for the deferred compensation funds and shall manage the
performance of investment managers under those contracts.
(c) The state treasurer shall designate and define the terms of
engagement for the custodial banks.
Sec. 83 RCW 41.34.140 and 1999 c 265 s 2 are each amended to read
as follows:
(1) A state board or commission, agency, or any officer, employee,
or member thereof is not liable for any loss or deficiency resulting
from member defined contribution investments selected or required
pursuant to RCW 41.34.060 (1) or (3).
(2) Neither the ((board)) department, nor director or any employee,
nor the state investment board, nor any officer, employee, or member
thereof is liable for any loss or deficiency resulting from reasonable
efforts to implement investment directions pursuant to RCW 41.34.060
(1) or (3).
(3) The state investment board, or any officer, employee, or member
thereof is not liable with respect to any declared monthly unit
valuations or crediting of rates of return, or any other exercise of
powers or duties, including discretion, under RCW 41.34.060(2).
(4) The department, or any officer or employee thereof, is not
liable for crediting rates of return which are consistent with the
state investment board's declaration of monthly unit valuations
pursuant to RCW 41.34.060(2).
Sec. 84 RCW 43.33A.135 and 1998 c 116 s 13 are each amended to
read as follows:
The state investment board has the full power to establish
investment policy, develop participant investment options, and manage
investment funds for the state deferred compensation plan, consistent
with the provisions of RCW 41.50.770 and 41.50.780. The board may
continue to offer the investment options provided as of June 11, 1998,
until the board establishes a deferred compensation plan investment
policy and adopts new investment options after considering the
recommendations of the ((employee retirement benefits board))
department of retirement systems.
NEW SECTION. Sec. 85 The following acts or parts of acts are
each repealed:
(1) RCW 43.21L.005 (Purpose) and 2003 c 393 s 1;
(2) RCW 43.21L.010 (Definitions) and 2003 c 393 s 2;
(3) RCW 43.21L.020 (Exclusive review process -- Exception -- Procedural
rules) and 2003 c 393 s 3;
(4) RCW 43.21L.030 (Designation as qualifying project -- Request for
determination -- Duties of office of permit assistance) and 2003 c 393 s
4;
(5) RCW 43.21L.040 (Environmental and land use hearings board) and
2003 c 393 s 5;
(6) RCW 43.21L.050 (Review proceedings -- Commencement -- Rules for
filing and service) and 2003 c 393 s 6;
(7) RCW 43.21L.060 (Standing) and 2003 c 393 s 7;
(8) RCW 43.21L.070 (Petition requirements) and 2003 c 393 s 8;
(9) RCW 43.21L.080 (Affidavit certifying applications for permits--Initial hearing on jurisdictional and preliminary matters) and 2003 c
393 s 9;
(10) RCW 43.21L.090 (Expedited review of petitions) and 2003 c 393
s 10;
(11) RCW 43.21L.100 (Stay or suspension of board action) and 2003
c 393 s 11;
(12) RCW 43.21L.110 (Decision record -- Certified copy to board--Costs) and 2003 c 393 s 12;
(13) RCW 43.21L.120 (Board review of permit decisions -- Correction
of errors and omissions -- Pretrial discovery -- Requests for records under
chapter 42.56 RCW) and 2005 c 274 s 295 & 2003 c 393 s 13;
(14) RCW 43.21L.130 (Standards for granting relief -- Action by
board) and 2003 c 393 s 14;
(15) RCW 43.21L.140 (Judicial review) and 2003 c 393 s 15;
(16) RCW 43.21L.900 (Implementation -- 2003 c 393) and 2003 c 393 s
24; and
(17) RCW 43.21L.901 (Effective date -- 2003 c 393) and 2003 c 393 s
25.
Sec. 86 RCW 36.70C.030 and 2003 c 393 s 17 are each amended to
read as follows:
(1) This chapter replaces the writ of certiorari for appeal of land
use decisions and shall be the exclusive means of judicial review of
land use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of a local
jurisdiction;
(ii) Land use decisions of a local jurisdiction that are subject to
review by a quasi-judicial body created by state law, such as the
shorelines hearings board((, the environmental and land use hearings
board,)) or the growth management hearings board;
(b) Judicial review of applications for a writ of mandamus or
prohibition; or
(c) Claims provided by any law for monetary damages or
compensation. If one or more claims for damages or compensation are
set forth in the same complaint with a land use petition brought under
this chapter, the claims are not subject to the procedures and
standards, including deadlines, provided in this chapter for review of
the petition. The judge who hears the land use petition may, if
appropriate, preside at a trial for damages or compensation.
(2) The superior court civil rules govern procedural matters under
this chapter to the extent that the rules are consistent with this
chapter.
Sec. 87 RCW 43.21B.005 and 2003 c 393 s 18 and 2003 c 39 s 22
are each reenacted and amended to read as follows:
(1) There is created an environmental hearings office of the state
of Washington. The environmental hearings office shall consist of the
pollution control hearings board created in RCW 43.21B.010, the forest
practices appeals board created in RCW 76.09.210, the shorelines
hearings board created in RCW 90.58.170, ((the environmental and land
use hearings board created in chapter 43.21L RCW,)) and the hydraulic
appeals board created in RCW ((77.55.170)) 77.55.301. The chair of the
pollution control hearings board shall be the chief executive officer
of the environmental hearings office. Membership, powers, functions,
and duties of the pollution control hearings board, the forest
practices appeals board, the shorelines hearings board, and the
hydraulic appeals board shall be as provided by law.
(2) The chief executive officer of the environmental hearings
office may appoint an administrative appeals judge who shall possess
the powers and duties conferred by the administrative procedure act,
chapter 34.05 RCW, in cases before the boards comprising the office.
The administrative appeals judge shall have a demonstrated knowledge of
environmental law, and shall be admitted to the practice of law in the
state of Washington. Additional administrative appeals judges may also
be appointed by the chief executive officer on the same terms.
Administrative appeals judges shall not be subject to chapter 41.06
RCW.
(3) The administrative appeals judges appointed under subsection
(2) of this section are subject to discipline and termination, for
cause, by the chief executive officer. Upon written request by the
person so disciplined or terminated, the chief executive officer shall
state the reasons for such action in writing. The person affected has
a right of review by the superior court of Thurston county on petition
for reinstatement or other remedy filed within thirty days of receipt
of such written reasons.
(4) The chief executive officer may appoint, discharge, and fix the
compensation of such administrative or clerical staff as may be
necessary.
(5) The chief executive officer may also contract for required
services.
Sec. 88 RCW 18.44.011 and 1999 c 30 s 1 are each amended to read
as follows:
Unless a different meaning is apparent from the context, terms
used in this chapter shall have the following meanings:
(1) "Department" means the department of financial institutions.
(2) "Director" means the director of financial institutions, or his
or her duly authorized representative.
(3) "Director of licensing" means the director of the department of
licensing, or his or her duly authorized representative.
(4) "Escrow" means any transaction, except the acts of a qualified
intermediary in facilitating an exchange under section 1031 of the
internal revenue code, wherein any person or persons, for the purpose
of effecting and closing the sale, purchase, exchange, transfer,
encumbrance, or lease of real or personal property to another person or
persons, delivers any written instrument, money, evidence of title to
real or personal property, or other thing of value to a third person to
be held by such third person until the happening of a specified event
or the performance of a prescribed condition or conditions, when it is
then to be delivered by such third person, in compliance with
instructions under which he or she is to act, to a grantee, grantor,
promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor,
or any agent or employee thereof.
(5) "Split escrow" means a transaction in which two or more escrow
agents act to effect and close an escrow transaction.
(6) "Escrow agent" means any person engaged in the business of
performing for compensation the duties of the third person referred to
in subsection (4) of this section.
(7) "Licensed escrow agent" means any sole proprietorship, firm,
association, partnership, or corporation holding a license as an escrow
agent under the provisions of this chapter.
(8) "Person" means a natural person, firm, association,
partnership, corporation, limited liability company, or the plural
thereof, whether resident, nonresident, citizen, or not.
(9) "Licensed escrow officer" means any natural person handling
escrow transactions and licensed as such by the director.
(10) "Designated escrow officer" means any licensed escrow officer
designated by a licensed escrow agent and approved by the director as
the licensed escrow officer responsible for supervising that agent's
handling of escrow transactions, management of the agent's trust
account, and supervision of all other licensed escrow officers employed
by the agent.
(11) (("Escrow commission" means the escrow commission of the state
of Washington created by RCW 18.44.500.)) "Controlling person" is any person who owns or controls ten
percent or more of the beneficial ownership of any escrow agent,
regardless of the form of business organization employed and regardless
of whether such interest stands in such person's true name or in the
name of a nominee.
(12)
Sec. 89 RCW 18.44.195 and 1999 c 30 s 4 are each amended to read
as follows:
(1) Any person desiring to become a licensed escrow officer must
successfully pass an examination.
(2) The escrow officer examination shall encompass the following:
(a) Appropriate knowledge of the English language, including
reading, writing, and arithmetic;
(b) An understanding of the principles of real estate conveyancing
and the general purposes and legal effects of deeds, mortgages, deeds
of trust, contracts of sale, exchanges, rental and optional agreements,
leases, earnest money agreements, personal property transfers, and
encumbrances;
(c) An understanding of the obligations between principal and
agent;
(d) An understanding of the meaning and nature of encumbrances upon
real property;
(e) An understanding of the principles and practice of trust
accounting; and
(f) An understanding of the escrow agent registration act and other
applicable law such as the real estate settlement procedures act, 12
U.S.C. Sec. 2601, and regulation X, 24 C.F.R. Sec. 3500.
(3) The examination shall be in such form as prescribed by the
director ((with the advice of the escrow commission,)) and shall be
given at least annually.
Sec. 90 RCW 18.44.221 and 1999 c 30 s 31 are each amended to read
as follows:
The director shall, within thirty days after ((the)) a written
request ((of the escrow commission)), hold a public hearing to
determine whether the fidelity bond, surety bond, and/or the errors and
omissions policy specified in RCW 18.44.201 is reasonably available to
a substantial number of licensed escrow agents. If the director
determines and the insurance commissioner concurs that such bond or
bonds and/or policy is not reasonably available, the director shall
waive the requirements for such bond or bonds and/or policy for a fixed
period of time.
Sec. 91 RCW 18.44.251 and 1995 c 238 s 5 are each amended to read
as follows:
A request for a waiver of the required errors and omissions policy
may be accomplished under the statute by submitting to the director an
affidavit that substantially addresses the following:
NEW SECTION. Sec. 92 The following acts or parts of acts are
each repealed:
(1) RCW 18.44.500 (Escrow commission -- Members -- Terms -- Compensation
and travel expenses) and 1995 c 238 s 3, 1985 c 340 s 3, & 1984 c 287
s 36; and
(2) RCW 18.44.510 (Compensation and travel expenses of commission
members) and 1984 c 287 s 37 & 1977 ex.s. c 156 s 29.
NEW SECTION. Sec. 93 RCW 15.76.170 (Fairs commission -- Creation,
terms, compensation, powers and duties) and 1984 c 287 s 18, 1975-'76
2nd ex.s. c 34 s 21, 1975 1st ex.s. c 7 s 11, & 1961 c 61 s 8 are each
repealed.
Sec. 94 RCW 15.76.110 and 1961 c 61 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Director" ((shall)) means the director of agriculture.
(("Commission" shall mean the fairs commission created by this
chapter.))
(2) "State allocations" ((shall)) means allocations from the state
fair fund.
Sec. 95 RCW 15.76.150 and 2002 c 313 s 113 are each amended to
read as follows:
The director shall have the authority to make allocations from the
state fair fund, including interest income under RCW 43.79A.040,
exclusively as follows: Eighty-five percent to participating
agricultural fairs, distributed according to the merit of such fairs
measured by a merit rating to be set up by the director. This merit
rating shall take into account such factors as area and population
served, open and/or youth participation, attendance, gate receipts,
number and type of exhibits, premiums and prizes paid, community
support, evidence of successful achievement of the aims and purposes of
the fair, extent of improvements made to grounds and facilities from
year to year, and overall condition and appearance of grounds and
facilities. The remaining fifteen percent of money in the state fair
fund may be used for special assistance to any participating fair or
fairs and for administrative expenses incurred in the administration of
this chapter only((, including expenses incurred by the fair commission
as may be approved by the director)): PROVIDED, That not more than
five percent of the state fair fund may be used for such expenses.
The division and payment of funds authorized in this section shall
occur at such times as the director may prescribe.
Sec. 96 RCW 13.40.462 and 2006 c 304 s 2 are each amended to read
as follows:
(1) The department of social and health services juvenile
rehabilitation administration shall establish a reinvesting in youth
program that awards grants to counties for implementing research-based
early intervention services that target juvenile justice-involved youth
and reduce crime, subject to the availability of amounts appropriated
for this specific purpose.
(2) Effective July 1, 2007, any county or group of counties may
apply for participation in the reinvesting in youth program.
(3) Counties that participate in the reinvesting in youth program
shall have a portion of their costs of serving youth through the
research-based intervention service models paid for with moneys from
the reinvesting in youth account established pursuant to RCW 13.40.466.
(4) The department of social and health services juvenile
rehabilitation administration shall review county applications for
funding through the reinvesting in youth program and shall select the
counties that will be awarded grants with funds appropriated to
implement this program. The department, in consultation with the
Washington state institute for public policy, shall develop guidelines
to determine which counties will be awarded funding in accordance with
the reinvesting in youth program. At a minimum, counties must meet the
following criteria in order to participate in the reinvesting in youth
program:
(a) Counties must match state moneys awarded for research-based
early intervention services with nonstate resources that are at least
proportional to the expected local government share of state and local
government cost avoidance that would result from the implementation of
such services;
(b) Counties must demonstrate that state funds allocated pursuant
to this section are used only for the intervention service models
authorized pursuant to RCW 13.40.464;
(c) Counties must participate fully in the state quality assurance
program established in RCW 13.40.468 to ensure fidelity of program
implementation. If no state quality assurance program is in effect for
a particular selected research-based service, the county must submit a
quality assurance plan for state approval with its grant application.
Failure to demonstrate continuing compliance with quality assurance
plans shall be grounds for termination of state funding; and
(d) Counties that submit joint applications must submit for
approval by the department of social and health services juvenile
rehabilitation administration multicounty plans for efficient program
delivery.
(((5) The department of social and health services juvenile
rehabilitation administration shall convene a technical advisory
committee comprised of representatives from the house of
representatives, the senate, the governor's office of financial
management, the department of social and health services juvenile
rehabilitation administration, the family policy council, the juvenile
court administrator's association, and the Washington association of
counties to assist in the implementation of chapter 304, Laws of
2006.))
Sec. 97 RCW 43.70.555 and 1998 c 245 s 77 are each amended to
read as follows:
The department((, in consultation with the family policy council
created in chapter 70.190 RCW,)) shall establish, by rule, standards
for local health departments and networks to use in assessment,
performance measurement, policy development, and assurance regarding
social development to prevent health problems caused by risk factors
empirically linked to: Violent criminal acts by juveniles, teen
substance abuse, teen pregnancy and male parentage, teen suicide
attempts, dropping out of school, child abuse or neglect, and domestic
violence. The standards shall be based on the standards set forth in
the public health services improvement plan as required by RCW
43.70.550.
NEW SECTION. Sec. 98 The following acts or parts of acts are
each repealed:
(1) RCW 70.190.005 (Purpose) and 1994 sp.s. c 7 s 301 & 1992 c 198
s 1;
(2) RCW 70.190.010 (Definitions) and 2009 c 565 s 52, 2009 c 479 s
58, 1996 c 132 s 2, 1995 c 399 s 200, & 1992 c 198 s 3;
(3) RCW 70.190.020 (Consolidate efforts of existing entities) and
1994 sp.s. c 7 s 315 & 1992 c 198 s 4;
(4) RCW 70.190.030 (Proposals to facilitate services at the
community level) and 1994 sp.s. c 7 s 316 & 1992 c 198 s 5;
(5) RCW 70.190.040 (Finding -- Grants to improve readiness to learn)
and 1993 c 336 s 901;
(6) RCW 70.190.050 (Community networks -- Outcome evaluation) and
1998 c 245 s 122 & 1994 sp.s. c 7 s 207;
(7) RCW 70.190.060 (Community networks -- Legislative intent--Membership -- Open meetings) and 2005 c 274 s 345, 1998 c 314 s 12, 1996
c 132 s 3, & 1994 sp.s. c 7 s 303;
(8) RCW 70.190.065 (Member's authorization of expenditures--Limitation) and 1996 c 132 s 5;
(9) RCW 70.190.070 (Community networks -- Duties) and 1994 sp.s. c 7
s 304;
(10) RCW 70.190.075 (Lead fiscal agent) and 1996 c 132 s 4;
(11) RCW 70.190.080 (Community networks -- Programs and plans) and
1996 c 132 s 6 & 1994 sp.s. c 7 s 305;
(12) RCW 70.190.085 (Community networks -- Sexual abstinence and
activity campaign) and 1994 c 299 s 5;
(13) RCW 70.190.090 (Community networks -- Planning grants and
contracts -- Distribution of funds -- Reports) and 1999 c 309 s 918, 1996
c 132 s 7, & 1994 sp.s. c 7 s 306;
(14) RCW 70.190.100 (Duties of council) and 2009 c 479 s 59, 1998
c 245 s 123, & 1994 sp.s. c 7 s 307;
(15) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994
sp.s. c 7 s 308;
(16) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s
309;
(17) RCW 70.190.130 (Comprehensive plan -- Approval process -- Network
expenditures -- Penalty for noncompliance with chapter) and 1998 c 314 s
13, 1996 c 132 s 8, & 1994 sp.s. c 7 s 310;
(18) RCW 70.190.150 (Federal restrictions on funds transfers,
waivers) and 1994 sp.s. c 7 s 312;
(19) RCW 70.190.160 (Community networks -- Implementation in federal
and state plans) and 1994 sp.s. c 7 s 314;
(20) RCW 70.190.170 (Transfer of funds and programs to state
agency) and 1994 sp.s. c 7 s 320;
(21) RCW 70.190.180 (Community network -- Grants for use of school
facilities) and 1994 sp.s. c 7 s 604;
(22) RCW 70.190.190 (Network members immune from civil liability--Network assets not subject to attachment or execution) and 1996 c 132
s 9;
(23) RCW 70.190.910 (Severability -- 1992 c 198) and 1992 c 198 s 20;
and
(24) RCW 70.190.920 (Effective date -- 1992 c 198) and 1992 c 198 s
21.
Sec. 99 RCW 74.14A.060 and 2000 c 219 s 2 are each amended to
read as follows:
The secretary of the department of social and health services shall
charge appropriated funds to support blended funding projects for youth
subject to any current or future waiver the department receives to the
requirements of IV-E funding. To be eligible for blended funding a
child must be eligible for services designed to address a behavioral,
mental, emotional, or substance abuse issue from the department of
social and health services and require services from more than one
categorical service delivery system. ((Before any blended funding
project is established by the secretary, any entity or person proposing
the project shall seek input from the public health and safety network
or networks established in the catchment area of the project. The
network or networks shall submit recommendations on the blended funding
project to the family policy council. The family policy council shall
advise the secretary whether to approve the proposed blended funding
project. The network shall review the proposed blended funding project
pursuant to its authority to examine the decategorization of program
funds under RCW 70.190.110, within the current appropriation level.))
The department shall document the number of children who participate in
blended funding projects, the total blended funding amounts per child,
the amount charged to each appropriation by program, and services
provided to each child through each blended funding project and report
this information to the appropriate committees of the legislature by
December 1st of each year, beginning in December 1, 2000.
Sec. 100 RCW 74.14C.050 and 1995 c 311 s 9 are each amended to
read as follows:
By December 1, 1995, the department, with the assistance of ((the
family policy council,)) two urban and two rural public health and
safety networks to be chosen by the ((family policy council,))
secretary and two private, nonprofit agencies with expertise and
experience in preservation services, shall submit to the legislature an
implementation and evaluation plan that identifies:
(1) A valid and reliable process that can be used by caseworkers
for accurately identifying clients who are eligible for intensive
family preservation services and family preservation services. The
plan shall recognize the due process rights of families that receive
preservation services and recognize that family preservation services
are not intended to be investigative for purposes of chapter 13.34 RCW;
(2) Necessary data by which program success will be measured,
projections of service needs, budget requests, and long-range planning;
(3) Regional and statewide projections of service needs;
(4) A cost estimate for statewide implementation and expansion of
preservation services on a phased-in basis beginning no later than July
1, 1996;
(5) A plan and time frame for phased-in implementation of
preservation services on a statewide basis to be accomplished as soon
as possible but no later than July 1, 1997;
(6) Data regarding the number of children in foster care, group
care, institutional placements, and other out-of-home placements due to
medical needs, mental health needs, developmental disabilities, and
juvenile offenses, and an assessment of the feasibility of providing
preservation services to include all of these children;
(7) Standards and outcome measures for the department when the
department provides preservation services directly; and
(8) A process to assess outcome measures identified in RCW
74.14C.030 for contractors providing preservation services.
NEW SECTION. Sec. 101 The following acts or parts of acts are
each repealed:
(1) RCW 70.112.030 (Family practice education advisory board--Chairman -- Membership) and 1975 1st ex.s. c 108 s 3;
(2) RCW 70.112.040 (Advisory board -- Terms of members -- Filling
vacancies) and 1975 1st ex.s. c 108 s 4; and
(3) RCW 70.112.050 (Advisory board -- Duties) and 1998 c 245 s 111 &
1975 1st ex.s. c 108 s 5.
Sec. 102 RCW 70.112.010 and 1975 1st ex.s. c 108 s 1 are each
amended to read as follows:
(1) "School of medicine" means the University of Washington school
of medicine located in Seattle, Washington;
(2) "Residency programs" mean community based family practice
residency educational programs either in existence or established under
this chapter;
(3) "Affiliated" means established or developed in cooperation with
the school of medicine;
(4) "Family practice unit" means the community facility or
classroom used for training of ambulatory health skills within a
residency training program; and
(((5) "Advisory board" means the family practice education advisory
board created by this chapter.))
Sec. 103 RCW 70.112.020 and 1975 1st ex.s. c 108 s 2 are each
amended to read as follows:
There is established a statewide medical education system for the
purpose of training resident physicians in family practice. The dean
of the school of medicine shall be responsible for implementing the
development and expansion of residency programs in cooperation with the
medical profession, hospitals, and clinics located throughout the
state. The chairman of the department of family medicine in the school
of medicine((, with the consent of the advisory board,)) shall
determine where affiliated residency programs shall exist; giving
consideration to communities in the state where the population,
hospital facilities, number of physicians, and interest in medical
education indicate the potential success of the residency program. The
medical education system shall provide financial support for residents
in training for those programs which are affiliated with the school of
medicine and shall establish positions for appropriate faculty to staff
these programs. The number of programs shall be determined by the
board and be in keeping with the needs of the state.
NEW SECTION. Sec. 104 The following acts or parts of acts are
each repealed:
(1) RCW 43.43.932 (State fire protection policy board -- Created--Members) and 2005 c 35 s 1, 1995 c 369 s 15, & 1986 c 266 s 55; and
(2) RCW 43.43.936 (State fire protection policy board -- Advisory
duties) and 1995 c 369 s 17, 1993 c 280 s 70, & 1986 c 266 s 57.
Sec. 105 RCW 43.43.934 and 2003 c 316 s 1 are each amended to
read as follows:
((Except for matters relating to the statutory duties of the chief
of the Washington state patrol that are to be carried out through)) The
director of fire protection((, the board shall have the responsibility
of developing a comprehensive state policy regarding fire protection
services. In carrying out its duties, the board)) shall:
(1)(a) ((Adopt a state fire training and education master plan that
allows to the maximum feasible extent for negotiated agreements:)) (i)
With the state board for community and technical colleges ((to)),
provide academic, vocational, and field training programs for the fire
service; and (ii) with the higher education coordinating board and the
state colleges and universities ((to)), provide instructional programs
requiring advanced training, especially in command and management
skills;
(b) ((Adopt minimum standards for each level of responsibility
among personnel with fire suppression, prevention, inspection, and
investigation responsibilities that assure continuing assessment of
skills and are flexible enough to meet emerging technologies. With
particular respect to training for fire investigations, the master plan
shall encourage cross training in appropriate law enforcement skills.
To meet special local needs, fire agencies may adopt more stringent
requirements than those adopted by the state;)) Cooperate with the common schools, technical and community
colleges, institutions of higher education, and any department or
division of the state, or of any county or municipal corporation in
establishing and maintaining instruction in fire service training and
education in accordance with any act of congress and legislation
enacted by the legislature in pursuance thereof and in establishing,
building, and operating training and education facilities.
(c)
Industrial fire departments and private fire investigators may
participate in training and education programs under this chapter for
a reasonable fee established by rule;
(((d))) (c) Develop and adopt a master plan for constructing,
equipping, maintaining, and operating necessary fire service training
and education facilities subject to the provisions of chapter 43.19
RCW;
(((e))) (d) Develop and adopt a master plan for the purchase,
lease, or other acquisition of real estate necessary for fire service
training and education facilities in a manner provided by law; and
(((f))) (e) Develop and adopt a plan with a goal of providing
firefighter one and wildland training, as defined by the board, to all
firefighters in the state. Wildland training reimbursement will be
provided if a fire protection district or a city fire department has
and is fulfilling their interior attack policy or if they do not have
an interior attack policy. The plan will include a reimbursement for
fire protection districts and city fire departments of not less than
three dollars for every hour of firefighter one or wildland training.
The Washington state patrol shall not provide reimbursement for more
than two hundred hours of firefighter one or wildland training for each
firefighter trained.
(2) ((In addition to its responsibilities for fire service
training, the board shall:)) (a) Promote mutual aid and disaster planning for fire
services in this state;
(a) Adopt a state fire protection master plan;
(b) Monitor fire protection in the state and develop objectives and
priorities to improve fire protection for the state's citizens
including: (i) The comprehensiveness of state and local inspections
required by law for fire and life safety; (ii) the level of skills and
training of inspectors, as well as needs for additional training; and
(iii) the efforts of local, regional, and state inspection agencies to
improve coordination and reduce duplication among inspection efforts;
(c) Establish and promote state arson control programs and ensure
development of local arson control programs;
(d) Provide representation for local fire protection services to
the governor in state-level fire protection planning matters such as,
but not limited to, hazardous materials control;
(e) Recommend to the adjutant general rules on minimum information
requirements of automatic location identification for the purposes of
enhanced 911 emergency service;
(f) Seek and solicit grants, gifts, bequests, devises, and matching
funds for use in furthering the objectives and duties of the board, and
establish procedures for administering them;
(g)
(((h))) (b) Assure the dissemination of information concerning the
amount of fire damage including that damage caused by arson, and its
causes and prevention; and
(((i))) (c) Implement any legislation enacted by the legislature to
meet the requirements of any acts of congress that apply to this
section.
(3) In carrying out its statutory duties, the ((board)) office of
the state fire marshal shall give particular consideration to the
appropriate roles to be played by the state and by local jurisdictions
with fire protection responsibilities. Any determinations on the
division of responsibility shall be made in consultation with local
fire officials and their representatives.
To the extent possible, the ((board)) office of the state fire
marshal shall encourage development of regional units along compatible
geographic, population, economic, and fire risk dimensions. Such
regional units may serve to: (a) Reinforce coordination among state
and local activities in fire service training, reporting, inspections,
and investigations; (b) identify areas of special need, particularly in
smaller jurisdictions with inadequate resources; (c) assist the state
in its oversight responsibilities; (d) identify funding needs and
options at both the state and local levels; and (e) provide models for
building local capacity in fire protection programs.
Sec. 106 RCW 43.43.962 and 2003 c 405 s 3 are each amended to
read as follows:
The ((state fire protection policy board shall review and make
recommendations to the chief on the refinement and maintenance of the))
Washington state fire services mobilization plan((, which)) shall
include the procedures to be used during fire and other emergencies for
coordinating local, regional, and state fire jurisdiction resources.
((In carrying out this duty, the fire protection policy board shall
consult with and solicit recommendations from representatives of state
and local fire and emergency management organizations, regional fire
defense boards, and the department of natural resources.)) The
Washington state fire services mobilization plan shall be consistent
with, and made part of, the Washington state comprehensive emergency
management plan. The chief shall ((review the fire services
mobilization plan as submitted by the fire protection policy board,
recommend changes that may be necessary, and)) approve the fire
services mobilization plan for inclusion within the state comprehensive
emergency management plan.
It is the responsibility of the chief to mobilize jurisdictions
under the Washington state fire services mobilization plan. The state
fire marshal shall serve as the state fire resources coordinator when
the Washington state fire services mobilization plan is mobilized.
Sec. 107 RCW 38.52.530 and 2006 c 210 s 1 are each amended to
read as follows:
The enhanced 911 advisory committee is created to advise and assist
the state enhanced 911 coordinator in coordinating and facilitating the
implementation and operation of enhanced 911 throughout the state. The
director shall appoint members of the committee who represent diverse
geographical areas of the state and include state residents who are
members of the national emergency number association, the associated
public communications officers Washington chapter, the Washington state
fire chiefs association, the Washington association of sheriffs and
police chiefs, the Washington state council of firefighters, the
Washington state council of police officers, the Washington ambulance
association, ((the state fire protection policy board,)) the Washington
state firefighters association, the Washington state association of
fire marshals, the Washington fire commissioners association, the
Washington state patrol, the association of Washington cities, the
Washington state association of counties, the utilities and
transportation commission or commission staff, a representative of a
voice over internet protocol company, and an equal number of
representatives of large and small local exchange telephone companies
and large and small radio communications service companies offering
commercial mobile radio service in the state. This section expires
December 31, 2011.
Sec. 108 RCW 49.26.120 and 1995 c 218 s 6 are each amended to
read as follows:
(1) No person may assign any employee, contract with, or permit any
individual or person to remove or encapsulate asbestos in any facility
unless performed by a certified asbestos worker and under the direct,
on-site supervision of a certified asbestos supervisor. In cases in
which an employer conducts an asbestos abatement project in its own
facility and by its own employees, supervision can be performed in the
regular course of a certified asbestos supervisor's duties. Asbestos
workers must have access to certified asbestos supervisors throughout
the duration of the project.
(2) The department shall require persons undertaking asbestos
projects to provide written notice to the department before the
commencement of the project except as provided in RCW 49.26.125. The
notice shall include a written description containing such information
as the department requires by rule. The department may by rule allow
a person to report multiple projects at one site in one report. The
department shall by rule establish the procedure and criteria by which
a person will be considered to have attempted to meet the
prenotification requirement.
(3) The department shall consult with the ((state fire protection
policy board,)) Washington state association of fire chiefs and may
establish any additional policies and procedures for municipal fire
department and fire district personnel who clean up sites after fires
which have rendered it likely that asbestos has been or will be
disturbed or released into the air.
NEW SECTION. Sec. 109 RCW 79A.25.220 (Firearms range advisory
committee) and 2007 c 241 s 55, 1993 sp.s. c 2 s 71, & 1990 c 195 s 3
are each repealed.
NEW SECTION. Sec. 110 The following acts or parts of acts are
each repealed:
(1) RCW 70.105E.070 (Disclosure of costs and clean-up budgets) and
2005 c 1 s 7; and
(2) RCW 70.105E.090 (Advisory board -- Public involvement -- Funding)
and 2005 c 1 s 9.
NEW SECTION. Sec. 111 The following acts or parts of acts are
each repealed:
(1) RCW 48.62.051 (Health and welfare advisory board -- Creation--Membership -- Duties) and 1991 sp.s. c 30 s 5; and
(2) RCW 48.62.041 (Property and liability advisory board--Creation -- Membership -- Duties) and 1991 sp.s. c 30 s 4.
Sec. 112 RCW 48.62.061 and 1991 sp.s. c 30 s 6 are each amended
to read as follows:
The state risk manager((, in consultation with the property and
liability advisory board,)) shall adopt rules governing the management
and operation of both individual and joint local government self-insurance programs covering property or liability risks. The state
risk manager shall also adopt rules governing the management and
operation of both individual and joint local government self-insured
health and welfare benefits programs ((in consultation with the health
and welfare benefits advisory board)). All rules shall be appropriate
for the type of program and class of risk covered. The state risk
manager's rules shall include:
(1) Standards for the management, operation, and solvency of self-insurance programs, including the necessity and frequency of actuarial
analyses and claims audits;
(2) Standards for claims management procedures; and
(3) Standards for contracts between self-insurance programs and
private businesses including standards for contracts between third-party administrators and programs.
Sec. 113 RCW 48.62.161 and 1991 sp.s. c 30 s 16 are each amended
to read as follows:
(1) The state risk manager shall establish and charge an
investigation fee in an amount necessary to cover the costs for the
initial review and approval of a self-insurance program. The fee must
accompany the initial submission of the plan of operation and
management.
(2) The costs of subsequent reviews and investigations shall be
charged to the self-insurance program being reviewed or investigated in
accordance with the actual time and expenses incurred in the review or
investigation.
(3) ((After the formation of the two advisory boards, each board))
The state risk manager may calculate, levy, and collect from each joint
property and liability self-insurance program and each individual and
joint health and welfare benefit program regulated by this chapter a
start-up assessment to pay initial expenses and operating costs of
((the boards and)) the risk manager's office in administering this
chapter. Any program failing to remit its assessment when due is
subject to denial of permission to operate or to a cease and desist
order until the assessment is paid.
NEW SECTION. Sec. 114 RCW 28B.76.100 (Advisory council) and
2007 c 458 s 103, 2004 c 275 s 2, & 1985 c 370 s 9 are each repealed.
Sec. 115 RCW 28B.76.280 and 2004 c 275 s 12 are each amended to
read as follows:
(1) In consultation with the institutions of higher education and
state education agencies, the board shall identify the data needed to
carry out its responsibilities for policy analysis, accountability,
program improvements, and public information. The primary goals of the
board's data collection and research are to describe how students and
other beneficiaries of higher education are being served; to support
higher education accountability; and to assist state policymakers and
institutions in making policy decisions.
(2) The board shall ((convene a research advisory group and shall
collaborate with the group to)) identify the most cost-effective manner
for the board to collect data or access existing data. The board shall
((work with the advisory group to)) develop research priorities,
policies, and common definitions to maximize the reliability and
consistency of data across institutions. ((The advisory group shall
include representatives of public and independent higher education
institutions and other state agencies, including the state board for
community and technical colleges, the office of the superintendent of
public instruction, the office of financial management, the employment
security department, the workforce training and education coordinating
board, and other agencies as appropriate.))
(3) Specific protocols shall be developed by the board ((and the
advisory group)) to protect the privacy of individual student records
while ensuring the availability of student data for legitimate research
purposes.
NEW SECTION. Sec. 116 RCW 18.280.040 (Home inspector advisory
licensing board) and 2008 c 119 s 4 are each repealed.
Sec. 117 RCW 18.280.010 and 2008 c 119 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Board" means the home inspector advisory licensing board.)) "Department" means the department of licensing.
(2)
(((3))) (2) "Director" means the director of the department of
licensing.
(((4))) (3) "Entity" or "entities" means educational groups or
organizations, national organizations or associations, or a national
test organization.
(((5))) (4) "Home inspection" means a professional examination of
the current condition of a house.
(((6))) (5) "Home inspector" means a person who carries out a
noninvasive examination of the condition of a home, often in connection
with the sale of that home, using special training and education to
carry out the inspection.
(((7))) (6) "Report" means a written report prepared and issued
after a home inspection.
(((8))) (7) "Wood destroying organism" means insects or fungi that
consume, excavate, develop in, or otherwise modify the integrity of
wood or wood products. "Wood destroying organism" includes but is not
limited to carpenter ants, moisture ants, subterranean termites,
dampwood termites, beetles in the family Anobiidae, and wood decay
fungi, known as wood rot.
Sec. 118 RCW 18.280.030 and 2008 c 119 s 3 are each amended to
read as follows:
A person licensed under this chapter is responsible for performing
a visual and noninvasive inspection of the following readily accessible
systems and components of a home and reporting on the general condition
of those systems and components at the time of the inspection in his or
her written report: The roof, foundation, exterior, heating system,
air-conditioning system, structure, plumbing and electrical systems,
and other aspects of the home as may be identified by the ((board))
director. The inspection must include looking for certain fire and
safety hazards as defined by the ((board)) director. The standards of
practice to be developed by the ((board)) director will be used as the
minimum standards for an inspection. The duties of the home inspector
with regard to wood destroying organisms are provided in RCW
18.280.190.
Sec. 119 RCW 18.280.050 and 2008 c 119 s 5 are each amended to
read as follows:
The director has the following authority in administering this
chapter:
(1) To adopt, amend, and rescind rules ((approved by the board)) as
deemed necessary to carry out this chapter;
(2) To administer licensing examinations ((approved by the board))
and to adopt or recognize examinations prepared by other entities ((as
approved by the board));
(3) To adopt standards of professional conduct, practice, and
ethics ((as approved by the board)); and
(4) To adopt fees as provided in RCW 43.24.086.
Sec. 120 RCW 18.280.060 and 2008 c 119 s 6 are each amended to
read as follows:
The ((board)) director has the following authority in administering
this chapter:
(1) ((To establish rules, including board organization and
assignment of terms, and meeting frequency and timing, for adoption by
the director;)) To establish the minimum qualifications for licensing
applicants as provided in this chapter;
(2)
(((3))) (2) To approve the method of administration of examinations
required by this chapter ((or by rule as established by the director));
(((4))) (3) To approve the content of or recognition of
examinations prepared by other entities ((for adoption by the
director));
(((5))) (4) To set the time and place of examinations ((with the
approval of the director)); and
(((6))) (5) To establish and review standards of professional
conduct, practice, and ethics ((for adoption by the director. These)),
which standards must address what constitutes certain fire and safety
hazards as used in RCW 18.280.030.
Sec. 121 RCW 18.280.070 and 2008 c 119 s 7 are each amended to
read as follows:
In order to become licensed as a home inspector, an applicant must
submit the following to the department:
(1) An application on a form developed by the department;
(2) Proof of a minimum of one hundred twenty hours of classroom
instruction approved by the ((board)) director;
(3) Proof of up to forty hours of field training supervised by a
licensed home inspector;
(4) Evidence of successful passage of the written exam as required
in RCW 18.280.080; and
(5) The fee in the amount set by the department.
Sec. 122 RCW 18.280.080 and 2008 c 119 s 8 are each amended to
read as follows:
Applicants for licensure must pass an exam that is psychometrically
valid, reliable, and legally defensible by the state. The exam is to
be developed, maintained, and administered by the department. The
((board shall recommend to the)) director shall determine whether to
use an exam that is prepared by a national entity. If an exam prepared
by a national entity is used, a section specific to Washington shall be
developed by the director and included as part of the entire exam.
Sec. 123 RCW 18.280.110 and 2008 c 119 s 11 are each amended to
read as follows:
(1) As a condition of renewing a license under this chapter, a
licensed home inspector shall present satisfactory evidence to the
((board)) director of having completed the continuing education
requirements provided for in this section.
(2) Each applicant for license renewal shall complete at least
twenty-four hours of instruction in courses approved by the ((board))
director every two years.
Sec. 124 RCW 18.280.120 and 2008 c 119 s 12 are each amended to
read as follows:
(1) A licensed home inspector shall provide a written report of the
home inspection to each person for whom the inspector performs a home
inspection within a time period set by the ((board)) director in rule.
The issues to be addressed in the report shall be set by the ((board))
director in rule.
(2) A licensed home inspector, or other licensed home inspectors or
employees who work for the same company or for any company in which the
home inspector has a financial interest, shall not, from the time of
the inspection until one year from the date of the report, perform any
work other than home inspection-related consultation on the home upon
which he or she has performed a home inspection.
Sec. 125 RCW 18.280.130 and 2008 c 119 s 13 are each amended to
read as follows:
(1) The director shall immediately suspend the license of a person
who has been certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a
child support order. If the person has continued to meet all other
requirements for a license under this chapter during the suspension,
reissuance of the license is automatic upon the ((board's)) director's
receipt of a release issued by the department of social and health
services stating that the licensee is in compliance with the child
support order. The procedure in RCW 74.20A.320 is the exclusive
administrative remedy for contesting the establishment of noncompliance
with a child support order, and suspension of a license under this
subsection, and satisfies the requirements of RCW 34.05.422.
(2) The director((, with the assistance of the board,)) shall
establish by rule under what circumstances a home inspector license may
be suspended or revoked. These circumstances shall be based upon
accepted industry standards ((and the board's cumulative experience)).
(3) Any person aggrieved by a decision of the director under this
section may appeal the decision as provided in chapter 34.05 RCW. The
adjudicative proceeding shall be conducted under chapter 34.05 RCW by
an administrative law judge appointed pursuant to RCW 34.12.030.
Sec. 126 RCW 43.330.090 and 2009 c 151 s 1 are each amended to
read as follows:
(1) The department shall work with private sector organizations,
industry and sector associations, federal agencies, state agencies that
use a sector-based approach to service delivery, local governments,
local associate development organizations, and higher education and
training institutions in the development of industry sector-based
strategies to diversify the economy, facilitate technology transfer and
diffusion, and increase value-added production. The industry sectors
targeted by the department may include, but are not limited to,
aerospace, agriculture, food processing, forest products, marine
services, health and biomedical, software, digital and interactive
media, transportation and distribution, and microelectronics. The
department shall, on a continuing basis, evaluate the potential return
to the state from devoting additional resources to an industry sector-based approach to economic development and identifying and assisting
additional sectors.
(2) The department's sector-based strategies shall include, but not
be limited to, cluster-based strategies that focus on assisting
regional industry sectors and related firms and institutions that meet
the definition of an industry cluster in this section and based on
criteria identified by the working group established in this chapter.
(3)(a) The department shall promote, market, and encourage growth
in the production of films and videos, as well as television
commercials within the state; to this end the department is directed to
assist in the location of a film and video production studio within the
state.
(b) The department may, in carrying out its efforts to encourage
film and video production in the state, solicit and receive gifts,
grants, funds, fees, and endowments, in trust or otherwise, from
tribal, local, or other governmental entities, as well as private
sources, and may expend the same or any income therefrom for the
encouragement of film and video production. All revenue received for
such purposes shall be deposited into the film and video promotion
account created in RCW 43.330.092.
(4) In assisting in the development of regional and statewide
industry cluster-based strategies, the department's activities shall
include, but are not limited to:
(a) Facilitating regional focus group discussions and conducting
studies to identify industry clusters, appraise the current information
linkages within a cluster, and identify issues of common concern within
a cluster;
(b) Supporting industry and cluster associations, publications of
association and cluster directories, and related efforts to create or
expand the activities of industry and cluster associations;
(c) Administering a competitive grant program to fund economic
development activities designed to further regional cluster growth. In
administering the program, the department shall work with ((an industry
cluster advisory committee with equal representation from)) the
economic development commission, the workforce training and education
coordinating board, the state board for community and technical
colleges, the employment security department, business, and labor.
(i) The ((industry cluster advisory committee)) department shall
((recommend)) seek recommendations on criteria for evaluating
applications for grant funds and recommend applicants for receipt of
grant funds. Criteria shall include not duplicating the purpose or
efforts of industry skill panels.
(ii) Applicants must include organizations from at least two
counties and participants from the local business community. Eligible
organizations include, but are not limited to, local governments,
economic development councils, chambers of commerce, federally
recognized Indian tribes, workforce development councils, and
educational institutions.
(iii) Applications must evidence financial participation of the
partner organizations.
(iv) Eligible activities include the formation of cluster economic
development partnerships, research and analysis of economic development
needs of the cluster, the development of a plan to meet the economic
development needs of the cluster, and activities to implement the plan.
(v) Priority shall be given to applicants that complement industry
skill panels and will use the grant funds to build linkages and joint
projects.
(vi) The maximum amount of a grant is one hundred thousand dollars.
(vii) A maximum of one hundred thousand dollars total can go to
King, Pierce, Kitsap, and Snohomish counties combined.
(viii) No more than ten percent of funds received for the grant
program may be used by the department for administrative costs.
(5) As used in this chapter, "industry cluster" means a geographic
concentration of interconnected companies in a single industry, related
businesses in other industries, including suppliers and customers, and
associated institutions, including government and education.
NEW SECTION. Sec. 127 The following acts or parts of acts are
each repealed:
(1) RCW 10.98.200 (Findings -- Intent) and 2005 c 274 s 208 & 2003 c
104 s 1;
(2) RCW 10.98.210 (Washington integrated justice information
board -- Members) and 2003 c 104 s 3;
(3) RCW 10.98.220 (Washington integrated justice information
board -- Meetings) and 2003 c 104 s 4;
(4) RCW 10.98.230 (Washington integrated justice information
board -- Powers and duties) and 2003 c 104 s 5; and
(5) RCW 10.98.240 (Washington integrated justice information
board -- Report) and 2003 c 104 s 6.
Sec. 128 RCW 2.56.031 and 1993 c 415 s 2 are each amended to read
as follows:
The administrator for the courts shall develop a plan to improve
the collection and reporting of information on juvenile offenders by
all juvenile courts in the state. The information related to juvenile
offenders shall include, but is not limited to, social, demographic,
education, and economic data on juvenile offenders and where possible,
their families. Development and implementation of the plan shall be
accomplished in consultation with the human rights commission, ((the
governor's juvenile justice advisory committee,)) superior court
judges, juvenile justice administrators, and interested juvenile
justice practitioners and researchers. The plan shall include a
schedule and budget for implementation and shall be provided to the
office of financial management by September 15, 1993.
Sec. 129 RCW 13.40.510 and 1997 c 338 s 61 are each amended to
read as follows:
(1) In order to receive funds under RCW 13.40.500 through
13.40.540, local governments may, through their respective agencies
that administer funding for consolidated juvenile services, submit
proposals that establish community juvenile accountability programs
within their communities. These proposals must be submitted to the
juvenile rehabilitation administration of the department of social and
health services for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with the input of
((the community public health and safety networks established under RCW
70.190.060, and)) the local law and justice councils established under
RCW 72.09.300;
(b) Describe how local community groups or members are involved in
the implementation of the programs funded under RCW 13.40.500 through
13.40.540;
(c) Include a description of how the grant funds will contribute to
the expected outcomes of the program and the reduction of youth
violence and juvenile crime in their community. Data approaches are
not required to be replicated if the networks have information that
addresses risks in the community for juvenile offenders.
(3) A local government receiving a grant under this section shall
agree that any funds received must be used efficiently to encourage the
use of community-based programs that reduce the reliance on secure
confinement as the sole means of holding juvenile offenders accountable
for their crimes. The local government shall also agree to account for
the expenditure of all funds received under the grant and to submit to
audits for compliance with the grant criteria developed under RCW
13.40.520.
(4) The juvenile rehabilitation administration, in consultation
with the Washington association of juvenile court administrators((,))
and the state law and justice advisory council, ((and the family policy
council,)) shall establish guidelines for programs that may be funded
under RCW 13.40.500 through 13.40.540. The guidelines must:
(a) Target diverted and adjudicated juvenile offenders;
(b) Include assessment methods to determine services, programs, and
intervention strategies most likely to change behaviors and norms of
juvenile offenders;
(c) Provide maximum structured supervision in the community.
Programs should use natural surveillance and community guardians such
as employers, relatives, teachers, clergy, and community mentors to the
greatest extent possible;
(d) Promote good work ethic values and educational skills and
competencies necessary for the juvenile offender to function
effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services aimed at
reducing risk factors associated with the commission of juvenile
offenses;
(f) Maximize the reintegration of the juvenile offender into the
community upon release from confinement;
(g) Maximize the juvenile offender's opportunities to make full
restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in imposing
community-based intervention strategies;
(i) Be compatible with research that shows which prevention and
early intervention strategies work with juvenile offenders;
(j) Be outcome-based in that it describes what outcomes will be
achieved or what outcomes have already been achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council((, with the
assistance of the family policy council and the governor's juvenile
justice advisory committee,)) may provide support and technical
assistance to local governments for training and education regarding
community-based prevention and intervention strategies.
NEW SECTION. Sec. 130 The following acts or parts of acts are
each repealed:
(1) RCW 43.105.800 (K-20 educational network board) and 1999 c 285
s 2; and
(2) RCW 43.105.810 (K-20 network technical steering committee) and
1999 c 285 s 6.
Sec. 131 RCW 43.105.020 and 2009 c 565 s 32, 2009 c 509 s 7, and
2009 c 486 s 14 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly ((required [requires])) requires otherwise.
(1) "Administrator" means the community technology opportunity
program administrator designated by the department.
(2) "Backbone network" means the shared high-density portions of
the state's telecommunications transmission facilities. It includes
specially conditioned high-speed communications carrier lines,
multiplexors, switches associated with such communications lines, and
any equipment and software components necessary for management and
control of the backbone network.
(3) "Board" means the information services board.
(4) "Broadband" means a high-speed, high capacity transmission
medium, using land-based, satellite, wireless, or any other mechanism,
that can carry either signals or transmit data, or both, over long
distances by using a wide range of frequencies.
(5) "Committee" means the state interoperability executive
committee.
(6) "Common vendor registration and bid notification system" has
the definition in RCW 39.29.006.
(7) "Community technology programs" means programs that are engaged
in diffusing information and communications technology in local
communities, particularly in unserved and underserved areas of the
state. These programs may include, but are not limited to, programs
that provide education and skill-building opportunities, hardware and
software, internet connectivity, digital media literacy, development of
locally relevant content, and delivery of vital services through
technology.
(8) "Council" means the advisory council on digital inclusion
created in RCW 43.105.400.
(9) "Department" means the department of information services.
(10) "Director" means the director of the department.
(11) "Educational sectors" means those institutions of higher
education, school districts, and educational service districts that use
the network for distance education, data transmission, and other uses
permitted by the K-20 board.
(12) "Equipment" means the machines, devices, and transmission
facilities used in information processing, such as computers, word
processors, terminals, telephones, wireless communications system
facilities, cables, and any physical facility necessary for the
operation of such equipment.
(13) "High-speed internet" means broadband.
(14) "Information" includes, but is not limited to, data, text,
voice, and video.
(15) "Information processing" means the electronic capture,
collection, storage, manipulation, transmission, retrieval, and
presentation of information in the form of data, text, voice, or image
and includes telecommunications and office automation functions.
(16) "Information services" means data processing,
telecommunications, office automation, and computerized information
systems.
(17) "Information technology portfolio" or "portfolio" means a
strategic management process documenting relationships between agency
missions and information technology and telecommunications investments.
(18) (("K-20 educational network board" or "K-20 board" means the
K-20 educational network board created in RCW 43.105.800.)) "K-20 network" means the network established in RCW
43.105.820.
(19)
(((20) "K-20 network technical steering committee" or "committee"
means the K-20 network technical steering committee created in RCW
43.105.810.)) (19) "Local governments" includes all municipal and quasi
municipal corporations and political subdivisions, and all agencies of
such corporations and subdivisions authorized to contract separately.
(21)
(((22))) (20) "Oversight" means a process of comprehensive risk
analysis and management designed to ensure optimum use of information
technology resources and telecommunications.
(((23))) (21) "Proprietary software" means that software offered
for sale or license.
(((24))) (22) "Purchased services" means services provided by a
vendor to accomplish routine, continuing, and necessary functions.
This term includes, but is not limited to, services acquired for
equipment maintenance and repair, operation of a physical plant,
security, computer hardware and software installation and maintenance,
telecommunications installation and maintenance, data entry, keypunch
services, programming services, and computer time-sharing.
(((25))) (23) "Small business" has the definition in RCW 39.29.006.
(((26))) (24) "Telecommunications" means the transmission of
information by wire, radio, optical cable, electromagnetic, or other
means.
(((27))) (25) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting
and/or receiving visual and associated audio information. Video
telecommunications shall not include existing public television
broadcast stations as currently designated by the department of
commerce under chapter 43.330 RCW.
Sec. 132 RCW 43.105.041 and 2009 c 486 s 13 are each amended to
read as follows:
(1) The board shall have the following powers and duties related to
information services:
(a) To develop standards and procedures governing the acquisition
and disposition of equipment, proprietary software and purchased
services, licensing of the radio spectrum by or on behalf of state
agencies, and confidentiality of computerized data;
(b) To purchase, lease, rent, or otherwise acquire, dispose of, and
maintain equipment, proprietary software, and purchased services, or to
delegate to other agencies and institutions of state government, under
appropriate standards, the authority to purchase, lease, rent, or
otherwise acquire, dispose of, and maintain equipment, proprietary
software, and purchased services: PROVIDED, That, agencies and
institutions of state government are expressly prohibited from
acquiring or disposing of equipment, proprietary software, and
purchased services without such delegation of authority. The
acquisition and disposition of equipment, proprietary software, and
purchased services is exempt from RCW 43.19.1919 and, as provided in
RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200,
except that the board, the department, and state agencies, as
delegated, must post notices of technology procurement bids on the
state's common vendor registration and bid notification system. This
subsection (1)(b) does not apply to the legislative branch;
(c) To develop statewide or interagency technical policies,
standards, and procedures;
(d) To review and approve standards and common specifications for
new or expanded telecommunications networks proposed by agencies,
public postsecondary education institutions, educational service
districts, or statewide or regional providers of K-12 information
technology services, and to assure the cost-effective development and
incremental implementation of a statewide video telecommunications
system to serve: Public schools; educational service districts;
vocational-technical institutes; community colleges; colleges and
universities; state and local government; and the general public
through public affairs programming;
(e) To provide direction concerning strategic planning goals and
objectives for the state. The board shall seek input from the
legislature and the judiciary;
(f) To develop and implement a process for the resolution of
appeals by:
(i) Vendors concerning the conduct of an acquisition process by an
agency or the department; or
(ii) A customer agency concerning the provision of services by the
department or by other state agency providers;
(g) To establish policies for the periodic review by the department
of agency performance which may include but are not limited to analysis
of:
(i) Planning, management, control, and use of information services;
(ii) Training and education; and
(iii) Project management;
(h) To set its meeting schedules and convene at scheduled times, or
meet at the request of a majority of its members, the chair, or the
director;
(i) To review and approve that portion of the department's budget
requests that provides for support to the board; and
(j) To develop procurement policies and procedures, such as
unbundled contracting and subcontracting, that encourage and facilitate
the purchase of products and services by state agencies and
institutions from Washington small businesses to the maximum extent
practicable and consistent with international trade agreement
commitments.
(2) Statewide technical standards to promote and facilitate
electronic information sharing and access are an essential component of
acceptable and reliable public access service and complement content-related standards designed to meet those goals. The board shall:
(a) Establish technical standards to facilitate electronic access
to government information and interoperability of information systems,
including wireless communications systems. Local governments are
strongly encouraged to follow the standards established by the board;
and
(b) Require agencies to consider electronic public access needs
when planning new information systems or major upgrades of systems.
In developing these standards, the board is encouraged to include
the state library, state archives, and appropriate representatives of
state and local government.
(3)(a) The board((, in consultation with the K-20 board,)) has the
duty to govern, operate, and oversee the technical design,
implementation, and operation of the K-20 network including, but not
limited to, the following duties: Establishment and implementation of
K-20 network technical policy, including technical standards and
conditions of use; review and approval of network design; procurement
of shared network services and equipment; and resolving user/provider
disputes concerning technical matters. The board shall delegate
general operational and technical oversight to the ((K-20 network
technical steering committee)) department as appropriate.
(b) The board has the authority to adopt rules under chapter 34.05
RCW to implement the provisions regarding the technical operations and
conditions of use of the K-20 network.
Sec. 133 RCW 43.105.805 and 1999 c 285 s 3 are each amended to
read as follows:
The ((K-20)) board has the following powers and duties:
(1) In cooperation with the educational sectors and other
interested parties, to establish goals and measurable objectives for
the network;
(2) To ensure that the goals and measurable objectives of the
network are the basis for any decisions or recommendations regarding
the technical development and operation of the network;
(3) To adopt, modify, and implement policies to facilitate network
development, operation, and expansion. Such policies may include but
need not be limited to the following issues: Quality of educational
services; access to the network by recognized organizations and
accredited institutions that deliver educational programming, including
public libraries; prioritization of programming within limited
resources; prioritization of access to the system and the sharing of
technological advances; network security; identification and evaluation
of emerging technologies for delivery of educational programs; future
expansion or redirection of the system; network fee structures; and
costs for the development and operation of the network;
(4) To prepare and submit to the governor and the legislature a
coordinated budget for network development, operation, and expansion.
The budget shall include the recommendations of the ((K-20)) board on
(a) any state funding requested for network transport and equipment,
distance education facilities and hardware or software specific to the
use of the network, and proposed new network end sites, (b) annual
copayments to be charged to public educational sector institutions and
other public entities connected to the network, and (c) charges to
nongovernmental entities connected to the network;
(5) To adopt and monitor the implementation of a methodology to
evaluate the effectiveness of the network in achieving the educational
goals and measurable objectives;
(6) To authorize the release of funds from the K-20 technology
account under RCW 43.105.830 for network expenditures;
(7) To establish by rule acceptable use policies governing user
eligibility for participation in the K-20 network, acceptable uses of
network resources, and procedures for enforcement of such policies.
The ((K-20)) board shall set forth appropriate procedures for
enforcement of acceptable use policies, that may include suspension of
network connections and removal of shared equipment for violations of
network conditions or policies. ((However, the information services))
The board shall have sole responsibility for the implementation of
enforcement procedures relating to technical conditions of use.
Sec. 134 RCW 43.105.820 and 1999 c 285 s 11 are each amended to
read as follows:
The information services board shall prepare a technical plan for
the design and construction of the K-20 telecommunication system. The
board shall ensure that the technical plan adheres to the goals and
objectives established under RCW 43.105.041. The board shall provide
formal project approval and oversight during the development and
implementation of the K-20 telecommunications network. In approving
the plan, the board shall conduct a request for proposal process. The
technical plan shall be developed in phases as follows:
(1) Phase one shall provide a telecommunication backbone connecting
educational service districts, the main campuses of public
baccalaureate institutions, the branch campuses of public research
institutions, and the main campuses of community colleges and technical
colleges.
(2) Phase two shall provide for (a) connection to the network by
entities that include, but need not be limited to: School districts,
public higher education off-campus and extension centers, and branch
campuses of community colleges and technical colleges, as prioritized
by the K-20 telecommunications oversight and policy committee, or as
modified by the board; (b) distance education facilities and components
for entities listed in subsections (1) and (2) of this section; and (c)
connection for independent nonprofit institutions of higher education,
provided that:
(i) The ((K-20)) board and each independent nonprofit institution
of higher education to be connected agree in writing to terms and
conditions of connectivity. The terms and conditions shall ensure,
among other things, that the provision of K-20 services does not
violate Article VIII, section 5 of the state Constitution and that the
institution shall adhere to network policies; and
(ii) The ((K-20)) board determines that inclusion of the
independent nonprofit institutions of higher education will not
significantly affect the network's eligibility for federal universal
service fund discounts or subsidies.
(3) Subsequent phases may include, but need not be limited to,
connections to public libraries, state and local governments, community
resource centers, and the private sector.
NEW SECTION. Sec. 135 The following acts or parts of acts are
each repealed:
(1) RCW 18.225.060 (Washington state mental health counselors,
marriage and family therapists, and social workers advisory committee--Established -- Composition) and 2001 c 251 s 6; and
(2) RCW 18.225.070 (Department of health -- Advice/assistance of
advisory committee) and 2001 c 251 s 7.
Sec. 136 RCW 18.225.010 and 2008 c 135 s 11 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Advanced social work" means the application of social work
theory and methods including emotional and biopsychosocial assessment,
psychotherapy under the supervision of a licensed independent clinical
social worker, case management, consultation, advocacy, counseling, and
community organization.
(2) "Applicant" means a person who completes the required
application, pays the required fee, is at least eighteen years of age,
and meets any background check requirements and uniform disciplinary
act requirements.
(3) "Associate" means a prelicensure candidate who has a graduate
degree in a mental health field under RCW 18.225.090 and is gaining the
supervision and supervised experience necessary to become a licensed
independent clinical social worker, a licensed advanced social worker,
a licensed mental health counselor, or a licensed marriage and family
therapist.
(4) (("Committee" means the Washington state mental health
counselors, marriage and family therapists, and social workers advisory
committee.)) "Department" means the department of health.
(5)
(((6))) (5) "Disciplining authority" means the department.
(((7))) (6) "Independent clinical social work" means the diagnosis
and treatment of emotional and mental disorders based on knowledge of
human development, the causation and treatment of psychopathology,
psychotherapeutic treatment practices, and social work practice as
defined in advanced social work. Treatment modalities include but are
not limited to diagnosis and treatment of individuals, couples,
families, groups, or organizations.
(((8))) (7) "Marriage and family therapy" means the diagnosis and
treatment of mental and emotional disorders, whether cognitive,
affective, or behavioral, within the context of relationships,
including marriage and family systems. Marriage and family therapy
involves the professional application of psychotherapeutic and family
systems theories and techniques in the delivery of services to
individuals, couples, and families for the purpose of treating such
diagnosed nervous and mental disorders. The practice of marriage and
family therapy means the rendering of professional marriage and family
therapy services to individuals, couples, and families, singly or in
groups, whether such services are offered directly to the general
public or through organizations, either public or private, for a fee,
monetary or otherwise.
(((9))) (8) "Mental health counseling" means the application of
principles of human development, learning theory, psychotherapy, group
dynamics, and etiology of mental illness and dysfunctional behavior to
individuals, couples, families, groups, and organizations, for the
purpose of treatment of mental disorders and promoting optimal mental
health and functionality. Mental health counseling also includes, but
is not limited to, the assessment, diagnosis, and treatment of mental
and emotional disorders, as well as the application of a wellness model
of mental health.
(((10))) (9) "Secretary" means the secretary of health or the
secretary's designee.
Sec. 137 RCW 18.225.040 and 2009 c 492 s 7 are each amended to
read as follows:
In addition to any other authority provided by law, the secretary
has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter((. Any rules adopted shall be in consultation with the
committee));
(2) Establish all licensing, examination, and renewal fees in
accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this
chapter;
(4) Issue licenses to applicants who have met the education,
training, and examination requirements for licensure and to deny a
license to applicants who do not meet the requirements;
(5) Hire clerical, administrative, investigative, and other staff
as needed to implement this chapter, and hire individuals licensed
under this chapter to serve as examiners for any practical
examinations;
(6) Administer and supervise the grading and taking of examinations
for applicants for licensure;
(7) Determine which states have credentialing requirements
substantially equivalent to those of this state, and issue licenses to
individuals credentialed in those states without examinations;
(8) Implement and administer a program for consumer education ((in
consultation with the committee));
(9) Adopt rules implementing a continuing education program ((in
consultation with the committee));
(10) Maintain the official record of all applicants and licenses;
and
(11) Establish by rule the procedures for an appeal of an
examination failure.
The office of crime victims advocacy shall supply the ((committee))
department with information on methods of recognizing victims of human
trafficking, what services are available for these victims, and where
to report potential trafficking situations. The information supplied
must be culturally sensitive and must include information relating to
minor victims. The ((committee)) department shall disseminate this
information to licensees ((by)): By providing the information on the
((committee's)) department's web site; by including the information in
newsletters; by holding trainings at meetings attended by organization
members; or through another distribution method determined by the
((committee)) department. The ((committee)) department shall report to
the office of crime victims advocacy on the method or methods it uses
to distribute information under this subsection((;)).
(11) Maintain the official record of all applicants and licensees;
and
(12) Establish by rule the procedures for an appeal of an
examination failure
NEW SECTION. Sec. 138 RCW 16.57.015 (Livestock identification
advisory board -- Rule review -- Fee setting) and 2003 c 326 s 3 & 1993 c
354 s 10 are each repealed.
Sec. 139 RCW 16.57.353 and 2004 c 233 s 1 are each amended to
read as follows:
(1) The director may adopt rules:
(a) To support the agriculture industry in meeting federal
requirements for the country-of-origin labeling of meat. Any
requirements established under this subsection for country of origin
labeling purposes shall be substantially consistent with and shall not
exceed the requirements established by the United States department of
agriculture; and
(b) ((In consultation with the livestock identification advisory
board under RCW 16.57.015,)) To implement federal requirements for
animal identification needed to trace the source of livestock for
disease control and response purposes.
(2) The director may cooperate with and enter into agreements with
other states and agencies of federal government to carry out such
systems and to promote consistency of regulation.
NEW SECTION. Sec. 140 RCW 43.360.040 (Washington main street
advisory committee) and 2005 c 514 s 911 are each repealed.
NEW SECTION. Sec. 141 The following acts or parts of acts are
each repealed:
(1) RCW 18.50.140 (Midwifery advisory committee -- Generally) and
1994 sp.s. c 9 s 706, 1991 c 3 s 114, 1987 c 467 s 5, & 1981 c 53 s 3;
and
(2) RCW 18.50.150 (Midwifery advisory committee -- Advice and
recommendations) and 1998 c 245 s 6, 1991 c 3 s 115, & 1981 c 53 s 4.
Sec. 142 RCW 18.50.045 and 1991 c 3 s 107 are each amended to
read as follows:
The secretary shall ((promulgate)) adopt standards by rule under
chapter 34.05 RCW for accrediting midwifery educational programs. The
standards shall cover the provision of adequate clinical and didactic
instruction in all subjects and noncurriculum matters under this
section including, but not limited to, staffing and teacher
qualifications. ((In developing the standards, the secretary shall be
advised by and receive the recommendations of the midwifery advisory
committee.))
Sec. 143 RCW 18.50.060 and 1991 c 3 s 109 are each amended to
read as follows:
(1) The secretary is hereby authorized and empowered to execute the
provisions of this chapter and shall offer examinations in midwifery at
least twice a year at such times and places as the secretary may
select. The examinations shall be written and shall be in the English
language.
(2) The secretary((, with the assistance of the midwifery advisory
committee,)) shall develop or approve a licensure examination in the
subjects that the secretary determines are within the scope of and
commensurate with the work performed by a licensed midwife. The
examination shall be sufficient to test the scientific and practical
fitness of candidates to practice midwifery. All application papers
shall be deposited with the secretary and there retained for at least
one year, when they may be destroyed.
(3) If the examination is satisfactorily completed, the secretary
shall issue to such candidate a license entitling the candidate to
practice midwifery in the state of Washington.
Sec. 144 RCW 18.50.105 and 1991 c 3 s 111 are each amended to
read as follows:
The secretary((, with the advice of the midwifery advisory
committee,)) shall develop a form to be used by a midwife to inform the
patient of the qualifications of a licensed midwife.
NEW SECTION. Sec. 145 RCW 77.12.680 (Migratory waterfowl art
committee -- Membership -- Terms -- Vacancies -- Chairman -- Review of
expenditures -- Compensation) and 1987 c 506 s 54 & 1985 c 243 s 5 are
each repealed.
Sec. 146 RCW 77.12.670 and 2002 c 283 s 2 are each amended to
read as follows:
(1) ((The)) Beginning July 1, 2010, the department, after
soliciting recommendations from the public, shall select the design for
the migratory bird stamp ((to be produced by the department shall use
the design as provided by the migratory waterfowl art committee)).
(2) All revenue derived from the sale of migratory bird license
validations or stamps by the department to any person hunting waterfowl
or to any stamp collector shall be deposited in the state wildlife
((fund)) account and shall be used only for that portion of the cost of
printing and production of the stamps for migratory waterfowl hunters
as determined by subsection (4) of this section, and for those
migratory waterfowl projects specified by the director of the
department for the acquisition and development of migratory waterfowl
habitat in the state and for the enhancement, protection, and
propagation of migratory waterfowl in the state. Migratory bird
license validation and stamp funds may not be used on lands controlled
by private hunting clubs or on private lands that charge a fee for
public access. Migratory bird license validation and stamp funds may
be used for migratory waterfowl projects on private land where public
hunting is provided by written permission or on areas established by
the department as waterfowl hunting closures.
(3) All revenue derived from the sale of the license validation and
stamp by the department to persons hunting solely nonwaterfowl
migratory birds shall be deposited in the state wildlife ((fund))
account and shall be used only for that portion of the cost of printing
and production of the stamps for nonwaterfowl migratory bird hunters as
determined by subsection (4) of this section, and for those
nonwaterfowl migratory bird projects specified by the director for the
acquisition and development of nonwaterfowl migratory bird habitat in
the state and for the enhancement, protection, and propagation of
nonwaterfowl migratory birds in the state.
(4) With regard to the revenue from license validation and stamp
sales that is not the result of sales to stamp collectors, the
department shall determine the proportion of migratory waterfowl
hunters and solely nonwaterfowl migratory bird hunters by using the
yearly migratory bird hunter harvest information program survey results
or, in the event that these results are not available, other similar
survey results. A two-year average of the most recent survey results
shall be used to determine the proportion of the revenue attributed to
migratory waterfowl hunters and the proportion attributed to solely
nonwaterfowl migratory bird hunters for each fiscal year. For fiscal
year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the
stamp revenue shall be attributed to migratory waterfowl hunters and
four percent of the stamp revenue shall be attributed to solely
nonwaterfowl migratory game hunters.
(5) Acquisition shall include but not be limited to the acceptance
of gifts of real estate or any interest therein or the rental, lease,
or purchase of real estate or any interest therein. If the department
acquires any fee interest, leasehold, or rental interest in real
property under this section, it shall allow the general public
reasonable access to that property and shall, if appropriate, ensure
that the deed or other instrument creating the interest allows such
access to the general public. If the department obtains a covenant in
real property in its favor or an easement or any other interest in real
property under this section, it shall exercise its best efforts to
ensure that the deed or other instrument creating the interest grants
to the general public in the form of a covenant running with the land
reasonable access to the property. The private landowner from whom the
department obtains such a covenant or easement shall retain the right
of granting access to the lands by written permission, but may not
charge a fee for access.
(6) The department may produce migratory bird stamps in any given
year in excess of those necessary for sale in that year. The excess
stamps may be sold to the ((migratory waterfowl art committee for sale
to the)) public.
Sec. 147 RCW 77.12.690 and 2009 c 333 s 38 are each amended to
read as follows:
(1) The ((migratory waterfowl art committee)) director is
responsible for the selection of the annual migratory bird stamp design
((and shall provide the design to the department. If the committee
does not perform this duty within the time frame necessary to achieve
proper and timely distribution of the stamps to license dealers, the
director shall initiate the art work selection for that year)). The
((committee)) department shall create collector art prints and related
artwork, utilizing the same design ((as provided to the department)).
The administration, sale, distribution, and other matters relating to
the prints and sales of stamps with prints and related artwork shall be
the responsibility of the ((migratory waterfowl art committee))
department.
(2) The total amount brought in from the sale of prints and related
artwork shall be deposited in the state wildlife account created in RCW
77.12.170. The costs of producing and marketing of prints and related
artwork((, including administrative expenses mutually agreed upon by
the committee and the director,)) shall be paid out of the total amount
brought in from sales of those same items. Net funds derived from the
sale of prints and related artwork shall be used by the director to
contract with one or more appropriate individuals or nonprofit
organizations for the development of waterfowl propagation projects
within Washington which specifically provide waterfowl for the Pacific
flyway. The department shall not contract with any individual or
organization that obtains compensation for allowing waterfowl hunting
except if the individual or organization does not permit hunting for
compensation on the subject property.
((The migratory waterfowl art committee shall have an annual audit
of its finances conducted by the state auditor and shall furnish a copy
of the audit to the commission.))
Sec. 148 RCW 77.08.045 and 1998 c 191 s 31 are each amended to
read as follows:
As used in this title or rules adopted pursuant to this title:
(1) "Migratory waterfowl" means members of the family Anatidae,
including brants, ducks, geese, and swans;
(2) "Migratory bird" means migratory waterfowl and coots, snipe,
doves, and band-tailed pigeon;
(3) "Migratory bird stamp" means the stamp that is required by RCW
77.32.350 to be in the possession of all persons to hunt migratory
birds; and
(4) "Prints and artwork" means replicas of the original stamp
design that are sold to the general public. Prints and artwork are not
to be construed to be the migratory bird stamp that is required by RCW
77.32.350. Artwork may be any facsimile of the original stamp design,
including color renditions, metal duplications, or any other kind of
design((; and)).
(5) "Migratory waterfowl art committee" means the committee created
by RCW 77.12.680. The committee's primary function is to select the
annual migratory bird stamp design
NEW SECTION. Sec. 149 RCW 19.146.280 (Mortgage broker
commission -- Code of conduct -- Complaint review) and 2009 c 518 s 1, 2006
c 19 s 17, 2001 c 177 s 6, 1997 c 106 s 20, 1994 c 33 s 26, & 1993 c
468 s 21 are each repealed.
Sec. 150 RCW 19.146.225 and 2006 c 19 s 14 are each amended to
read as follows:
In accordance with the administrative procedure act, chapter 34.05
RCW, the director may issue rules under this chapter only ((after
seeking the advice of the mortgage broker commission and only)) for the
purpose of governing the activities of licensed mortgage brokers, loan
originators, and other persons subject to this chapter.
Sec. 151 RCW 46.20.520 and 1998 c 245 s 89 are each amended to
read as follows:
(1) The director of licensing shall use moneys designated for the
motorcycle safety education account of the highway safety fund to
implement by July 1, 1983, a voluntary motorcycle operator training and
education program. The director may contract with public and private
entities to implement this program.
(2) ((There is created a motorcycle safety education advisory board
to assist the director of licensing in the development of a motorcycle
operator training education program. The board shall monitor this
program following implementation and report to the director of
licensing as necessary with recommendations including, but not limited
to, administration, application, and substance of the motorcycle
operator training and education program.)) The priorities of the program shall be in the following order
of priority:
The board shall consist of five members appointed by the director
of licensing. Three members of the board, one of whom shall be
appointed chairperson, shall be active motorcycle riders or members of
nonprofit motorcycle organizations which actively support and promote
motorcycle safety education. One member shall be a currently employed
Washington state patrol motorcycle officer with at least five years
experience and at least one year cumulative experience as a motorcycle
officer. One member shall be a member of the public. The term of
appointment shall be two years. The board shall meet at the call of
the director, but not less than two times annually and not less than
five times during its term of appointment, and shall receive no
compensation for services but shall be reimbursed for travel expenses
while engaged in business of the board in accordance with RCW 43.03.050
and 43.03.060 as now existing or hereafter amended.
(3)
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by public and
private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing.
NEW SECTION. Sec. 152 RCW 18.36A.070 (Naturopathic advisory
committee) and 1991 c 3 s 92 & 1987 c 447 s 7 are each repealed.
Sec. 153 RCW 18.36A.020 and 2005 c 158 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health or the secretary's
designee.
(3) "Naturopath" means an individual licensed under this chapter.
(4) (("Committee" means the Washington state naturopathic practice
advisory committee.)) "Educational program" means an accredited program preparing
persons for the practice of naturopathic medicine.
(5)
(((6))) (5) "Nutrition and food science" means the prevention and
treatment of disease or other human conditions through the use of
foods, water, herbs, roots, bark, or natural food elements.
(((7))) (6) "Manual manipulation" or "mechanotherapy" means
manipulation of a part or the whole of the body by hand or by
mechanical means.
(((8))) (7) "Physical modalities" means use of physical, chemical,
electrical, and other noninvasive modalities, including but not limited
to heat, cold, air, light, water in any of its forms, sound, massage,
and therapeutic exercise.
(((9))) (8) "Homeopathy" means a system of medicine based on the
use of infinitesimal doses of medicines capable of producing symptoms
similar to those of the disease treated, as listed in the homeopathic
pharmacopeia of the United States.
(((10))) (9) "Naturopathic medicines" means vitamins; minerals;
botanical medicines; homeopathic medicines; hormones; and those legend
drugs and controlled substances consistent with naturopathic medical
practice in accordance with rules established by the secretary.
Controlled substances are limited to codeine and testosterone products
that are contained in Schedules III, IV, and V in chapter 69.50 RCW.
(((11))) (10) "Hygiene and immunization" means the use of such
preventative techniques as personal hygiene, asepsis, public health,
and immunizations, to the extent allowed by rule.
(((12))) (11) "Minor office procedures" means care and procedures
incident thereto of superficial lacerations, lesions, and abrasions,
and the removal of foreign bodies located in superficial structures,
not to include the eye; and the use of antiseptics and topical or local
anesthetics in connection therewith. "Minor office procedures" also
includes intramuscular, intravenous, subcutaneous, and intradermal
injections of substances consistent with the practice of naturopathic
medicine and in accordance with rules established by the secretary.
(((13))) (12) "Common diagnostic procedures" means the use of
venipuncture consistent with the practice of naturopathic medicine,
commonly used diagnostic modalities consistent with naturopathic
practice, health history taking, physical examination, radiography,
examination of body orifices excluding endoscopy, laboratory medicine,
and obtaining samples of human tissues, but excluding incision or
excision beyond that which is authorized as a minor office procedure.
(((14))) (13) "Suggestion" means techniques including but not
limited to counseling, biofeedback, and hypnosis.
(((15))) (14) "Radiography" means the ordering, but not the
interpretation, of radiographic diagnostic and other imaging studies
and the taking and interpretation of standard radiographs.
Sec. 154 RCW 18.36A.080 and 1991 c 3 s 93 are each amended to
read as follows:
The secretary((, members of the committee,)) or individuals acting
on ((their)) the secretary's behalf, are immune from suit in any civil
action based on any act performed in the course of their duties.
Sec. 155 2005 c 158 s 3 (uncodified) is amended to read as
follows:
The secretary (([of health])) of health, in consultation with the
((naturopathic advisory committee and the)) Washington state board of
pharmacy, shall develop education and training requirements for the use
of controlled substances authorized under this act. The requirements
must be met by the naturopath prior to being authorized to prescribe
controlled substances under this act.
Sec. 156 RCW 18.36A.110 and 1991 c 3 s 96 are each amended to
read as follows:
(1) The date and location of the examination shall be established
by the secretary. Applicants who have been found to meet the education
and experience requirements for licensure shall be scheduled for the
next examination following the filing of the application. The
secretary shall establish by rule the examination application deadline.
(2) The examination shall contain subjects appropriate to the
standards of competency and scope of practice.
(3) The secretary shall establish by rule the requirements for a
reexamination if the applicant has failed the examination.
(((4) The committee may recommend to the secretary an examination
prepared or administered, or both, by a private testing agency or
association of licensing boards.))
NEW SECTION. Sec. 157 RCW 46.09.280 (Nonhighway and off-road
vehicle activities advisory committee) and 2007 c 241 s 19, 2004 c 105
s 8, 2003 c 185 s 1, & 1986 c 206 s 13 are each repealed.
Sec. 158 RCW 46.09.020 and 2007 c 241 s 13 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means the nonhighway and off-road
vehicle activities advisory committee established in RCW 46.09.280.)) "Board" means the recreation and conservation funding board
established in RCW 79A.25.110.
(2)
(((3))) (2) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at
wholesale or retail in this state.
(((4))) (3) "Department" means the department of licensing.
(((5))) (4) "Highway," for the purpose of this chapter only, means
the entire width between the boundary lines of every roadway publicly
maintained by the state department of transportation or any county or
city with funding from the motor vehicle fund. A highway is generally
capable of travel by a conventional two-wheel drive passenger
automobile during most of the year and in use by such vehicles.
(((6))) (5) "Motorized vehicle" means a vehicle that derives motive
power from an internal combustion engine.
(((7))) (6) "Nonhighway road" means any road owned or managed by a
public agency or any private road for which the owner has granted an
easement for public use for which appropriations from the motor vehicle
fund were not used for (a) original construction or reconstruction in
the last twenty-five years; or (b) maintenance in the last four years.
(((8))) (7) "Nonhighway road recreation facilities" means
recreational facilities that are adjacent to, or accessed by, a
nonhighway road and intended primarily for nonhighway road recreational
users.
(((9))) (8) "Nonhighway road recreational user" means a person
whose purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonhighway road recreational purposes, including, but not
limited to, hunting, fishing, camping, sightseeing, wildlife viewing,
picnicking, driving for pleasure, kayaking/canoeing, and gathering
berries, firewood, mushrooms, and other natural products.
(((10))) (9) "Nonhighway vehicle" means any motorized vehicle
including an ORV when used for recreational purposes on nonhighway
roads, trails, or a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or in the
water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or
rebate under chapter 82.36 RCW while an exemption or rebate is claimed.
This exemption includes but is not limited to farm, construction, and
logging vehicles.
(((11))) (10) "Nonmotorized recreational facilities" means
recreational trails and facilities that are adjacent to, or accessed
by, a nonhighway road and intended primarily for nonmotorized
recreational users.
(((12))) (11) "Nonmotorized recreational user" means a person whose
purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonmotorized recreational purposes including, but not
limited to, walking, hiking, backpacking, climbing, cross-country
skiing, snowshoeing, mountain biking, horseback riding, and pack animal
activities.
(((13))) (12) "Off-road vehicle" or "ORV" means any nonstreet
licensed vehicle when used for recreational purposes on nonhighway
roads, trails, or a variety of other natural terrain. Such vehicles
include, but are not limited to, all-terrain vehicles, motorcycles,
four-wheel drive vehicles, and dune buggies.
(((14))) (13) "Operator" means each person who operates, or is in
physical control of, any nonhighway vehicle.
(((15))) (14) "Organized competitive event" means any competition,
advertised in advance through written notice to organized clubs or
published in local newspapers, sponsored by recognized clubs, and
conducted at a predetermined time and place.
(((16))) (15) "ORV recreation facilities" include, but are not
limited to, ORV trails, trailheads, campgrounds, ORV sports parks, and
ORV use areas, designated for ORV use by the managing authority that
are intended primarily for ORV recreational users.
(((17))) (16) "ORV recreational user" means a person whose purpose
for consuming fuel on nonhighway roads or off-road is primarily for ORV
recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or
dune buggy.
(((18))) (17) "ORV sports park" means a facility designed to
accommodate competitive ORV recreational uses including, but not
limited to, motocross racing, four-wheel drive competitions, and flat
track racing. Use of ORV sports parks can be competitive or
noncompetitive in nature.
(((19))) (18) "ORV trail" means a multiple-use corridor designated
by the managing authority and maintained for recreational use by
motorized vehicles.
(((20))) (19) "ORV use permit" means a permit issued for operation
of an off-road vehicle under this chapter.
(((21))) (20) "Owner" means the person other than the lienholder,
having an interest in or title to a nonhighway vehicle, and entitled to
the use or possession thereof.
(((22))) (21) "Person" means any individual, firm, partnership,
association, or corporation.
NEW SECTION. Sec. 159 The following acts or parts of acts are
each repealed:
(1) RCW 90.56.120 (Oil spill advisory council--Meetings--Travel
expenses and compensation) and 2006 c 372 s 907 & 2005 c 304 s 2; and
(2) RCW 90.56.130 (Council--Duties--Work plan--Reports) and 2005 c
304 s 3.
Sec. 160 RCW 90.56.005 and 2005 c 304 s 1 are each amended to
read as follows:
(1) The legislature declares that water borne transportation as a
source of supply for oil and hazardous substances poses special concern
for the state of Washington. Each year billions of gallons of crude
oil and refined petroleum products are transported as cargo and fuel by
vessels on the navigable waters of the state. These shipments are
expected to increase in the coming years. Vessels transporting oil
into Washington travel on some of the most unique and special marine
environments in the United States. These marine environments are a
source of natural beauty, recreation, and economic livelihood for many
residents of this state. As a result, the state has an obligation to
ensure the citizens of the state that the waters of the state will be
protected from oil spills.
(2) The legislature finds that prevention is the best method to
protect the unique and special marine environments in this state. The
technology for containing and cleaning up a spill of oil or hazardous
substances is at best only partially effective. Preventing spills is
more protective of the environment and more cost-effective when all the
response and damage costs associated with responding to a spill are
considered. Therefore, the legislature finds that the primary
objective of the state is to achieve a zero spills strategy to prevent
any oil or hazardous substances from entering waters of the state.
(3) The legislature also finds that:
(a) Recent accidents in Washington, Alaska, southern California,
Texas, Pennsylvania, and other parts of the nation have shown that the
transportation, transfer, and storage of oil have caused significant
damage to the marine environment;
(b) Even with the best efforts, it is nearly impossible to remove
all oil that is spilled into the water, and average removal rates are
only fourteen percent;
(c) Washington's navigable waters are treasured environmental and
economic resources that the state cannot afford to place at undue risk
from an oil spill;
(d) The state has a fundamental responsibility, as the trustee of
the state's natural resources and the protector of public health and
the environment to prevent the spill of oil; and
(e) In section 5002 of the federal oil pollution act of 1990, the
United States congress found that many people believed that complacency
on the part of industry and government was one of the contributing
factors to the Exxon Valdez spill and, further, that one method to
combat this complacency is to involve local citizens in the monitoring
and oversight of oil spill plans. Congress also found that a mechanism
should be established that fosters the long-term partnership of
industry, government, and local communities in overseeing compliance
with environmental concerns in the operation of crude oil terminals.
Moreover, congress concluded that, in addition to Alaska, a program of
citizen monitoring and oversight should be established in other major
crude oil terminals in the United States because recent oil spills
indicate that the safe transportation of oil is a national problem.
(4) In order to establish a comprehensive prevention and response
program to protect Washington's waters and natural resources from
spills of oil, it is the purpose of this chapter:
(a) To establish state agency expertise in marine safety and to
centralize state activities in spill prevention and response
activities;
(b) To prevent spills of oil and to promote programs that reduce
the risk of both catastrophic and small chronic spills;
(c) To ensure that responsible parties are liable, and have the
resources and ability, to respond to spills and provide compensation
for all costs and damages;
(d) To provide for state spill response and wildlife rescue
planning and implementation;
(e) To support and complement the federal oil pollution act of 1990
and other federal law, especially those provisions relating to the
national contingency plan for cleanup of oil spills and discharges,
including provisions relating to the responsibilities of state agencies
designated as natural resource trustees. The legislature intends this
chapter to be interpreted and implemented in a manner consistent with
federal law;
(f) To provide broad powers of regulation to the department of
ecology relating to spill prevention and response;
(g) To provide for ((an)) independent ((oil spill advisory council
to)) review on an ongoing basis the adequacy of oil spill prevention,
preparedness, and response activities in this state; and
(h) To provide an adequate funding source for state response and
prevention programs.
Sec. 161 RCW 90.56.060 and 2005 c 304 s 4 are each amended to
read as follows:
(1) The department shall prepare and annually update a statewide
master oil and hazardous substance spill prevention and contingency
plan. In preparing the plan, the department shall consult with an
advisory committee representing diverse interests concerned with oil
and hazardous substance spills, including the United States coast
guard, the federal environmental protection agency, state agencies,
local governments, port districts, private facilities, environmental
organizations, oil companies, shipping companies, containment and
cleanup contractors, tow companies, and hazardous substance
manufacturers((, and with the oil spill advisory council)).
(2) The state master plan prepared under this section shall at a
minimum:
(a) Take into consideration the elements of oil spill prevention
and contingency plans approved or submitted for approval pursuant to
this chapter and chapter 88.46 RCW and oil and hazardous substance
spill contingency plans prepared pursuant to other state or federal law
or prepared by federal agencies and regional entities;
(b) State the respective responsibilities as established by
relevant statutes and rules of each of the following in the prevention
of and the assessment, containment, and cleanup of a worst case spill
of oil or hazardous substances into the environment of the state: (i)
State agencies; (ii) local governments; (iii) appropriate federal
agencies; (iv) facility operators; (v) property owners whose land or
other property may be affected by the oil or hazardous substance spill;
and (vi) other parties identified by the department as having an
interest in or the resources to assist in the containment and cleanup
of an oil or hazardous substance spill;
(c) State the respective responsibilities of the parties identified
in (b) of this subsection in an emergency response;
(d) Identify actions necessary to reduce the likelihood of spills
of oil and hazardous substances;
(e) Identify and obtain mapping of environmentally sensitive areas
at particular risk to oil and hazardous substance spills;
(f) Establish an incident command system for responding to oil and
hazardous substances spills; and
(g) Establish a process for immediately notifying affected tribes
of any oil spill.
(3) In preparing and updating the state master plan, the department
shall:
(a) Consult with federal, provincial, municipal, and community
officials, other state agencies, the state of Oregon, and with
representatives of affected regional organizations;
(b) Submit the draft plan to the public for review and comment;
(c) Submit to the appropriate standing committees of the
legislature for review, not later than November 1st of each year, the
plan and any annual revision of the plan; and
(d) Require or schedule unannounced oil spill drills as required by
RCW 90.56.260 to test the sufficiency of oil spill contingency plans
approved under RCW 90.56.210.
(4) The department shall evaluate the functions of advisory
committees created by the department regarding oil spill prevention,
preparedness, and response programs, and shall revise or eliminate
those functions which are no longer necessary.
Sec. 162 RCW 43.30.820 and 1991 c 316 s 3 are each amended to
read as follows:
The Olympic natural resources center shall operate under the
authority of the board of regents of the University of Washington. It
shall be administered by a director appointed jointly by the deans of
the college of forest resources and the college of ocean and fishery
sciences. The director shall be a member of the faculty of one of
those colleges. The director shall appoint and maintain a scientific
or technical committee, and other committees as necessary, to advise
the director on the efficiency, effectiveness, and quality of the
center's activities.
((A policy advisory board consisting of eleven members shall be
appointed by the governor to advise the deans and the director on
policies for the center that are consistent with the purposes of the
center. Membership on the policy advisory board shall broadly
represent the various interests concerned with the purposes of the
center, including state and federal government, environmental
organizations, local community, timber industry, and Indian tribes.))
Service on boards and committees of the center shall be without
compensation but actual travel expenses incurred in connection with
service to the center may be reimbursed from appropriated funds in
accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 163 The following acts or parts of acts are
each repealed:
(1) RCW 18.210.040 (Advisory committee) and 1999 c 263 s 5; and
(2) RCW 18.210.070 (Advisory committee -- Duties) and 1999 c 263 s 8.
Sec. 164 RCW 18.210.010 and 1999 c 263 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means a group of individuals with broad
knowledge and experience in the design, construction, and regulation of
on-site wastewater treatment systems, appointed under this chapter to
offer recommendations to the board and the director on the
administration of the program established under this chapter.)) "Board" means the board of registration for professional
engineers and land surveyors as defined in chapter 18.43 RCW.
(2)
(((3))) (2) "Designer," "licensee," or "permit holder" means an
individual authorized under this chapter to perform design services for
on-site wastewater treatment systems.
(((4))) (3) "Director" means the director of the Washington state
department of licensing.
(((5))) (4) "Engineer" means a professional engineer licensed under
chapter 18.43 RCW.
(((6))) (5) "Practice of engineering" has the meaning set forth in
RCW 18.43.020(5).
(((7))) (6) "On-site wastewater treatment system" means an
integrated system of components that: Convey, store, treat, and/or
provide subsurface soil treatment and disposal of wastewater effluent
on the property where it originates or on adjacent or other property
and includes piping, treatment devices, other accessories, and soil
underlying the disposal component of the initial and reserve areas, for
on-site wastewater treatment under three thousand five hundred gallons
per day when not connected to a public sewer system.
(((8))) (7) "On-site wastewater design" means the development of
plans, details, specifications, instructions, or inspections by
application of specialized knowledge in analysis of soils, on-site
wastewater treatment systems, disposal methods, and technologies to
create an integrated system of collection, transport, distribution,
treatment, and disposal of on-site wastewater.
(((9))) (8) "Local health jurisdiction" or "jurisdictional health
department" means an administrative agency created under chapter 70.05,
70.08, or 70.46 RCW, that administers the regulation and codes
regarding on-site wastewater treatment systems.
(((10))) (9) "Practice permit" means an authorization to practice
granted to an individual who designs on-site wastewater treatment
systems and who has been authorized by a local health jurisdiction to
practice on or before July 1, 2000.
(((11))) (10) "License" means a license to design on-site
wastewater treatment systems under this chapter.
(((12))) (11) "Certificate of competency" means a certificate
issued to employees of local health jurisdictions indicating that the
certificate holder has passed the licensing examination required under
this chapter.
Sec. 165 RCW 18.210.050 and 1999 c 263 s 6 are each amended to
read as follows:
The director may:
(1) ((Appoint and reappoint members to the advisory committee,
including temporary additional members, and remove committee members
for just cause;)) Employ administrative, clerical, and investigative staff as
necessary to administer and enforce this chapter;
(2)
(((3))) (2) Establish fees for applications, examinations, and
renewals in accordance with chapter 43.24 RCW;
(((4))) (3) Issue practice permits and licenses to applicants who
meet the requirements of this chapter; and
(((5))) (4) Exercise rule-making authority to implement this
section.
Sec. 166 RCW 18.210.060 and 2002 c 86 s 258 are each amended to
read as follows:
(((1))) The board may:
(((a))) (1) Adopt rules to implement this chapter including, but
not limited to, evaluation of experience, examinations, and scope and
standards of practice;
(((b))) (2) Administer licensing examinations; and
(((c))) (3) Review and approve or deny initial and renewal license
applications.
(((2) The board shall consider recommendations of the advisory
committee made in accordance with this chapter.))
NEW SECTION. Sec. 167 RCW 70.118.100 (Alternative systems--Technical review committee) and 1997 c 447 s 3 are each repealed.
Sec. 168 RCW 70.118.110 and 1997 c 447 s 5 are each amended to
read as follows:
In order to assure that technical guidelines and standards keep
pace with advancing technologies, the department of health in
collaboration with ((the technical review committee,)) local health
departments((,)) and other interested parties, must review and update
as appropriate, the state guidelines and standards for alternative on-
site sewage disposal every three years. The first review and update
must be completed by January 1, 1999.
NEW SECTION. Sec. 169 RCW 18.200.060 (Advisory committee--Composition -- Terms -- Duties) and 1997 c 285 s 7 are each repealed.
Sec. 170 RCW 18.200.010 and 1997 c 285 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means the orthotics and prosthetics
advisory committee.)) "Department" means the department of health.
(2)
(((3))) (2) "Secretary" means the secretary of health or the
secretary's designee.
(((4))) (3) "Orthotics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing, as well as providing the initial training
necessary to accomplish the fitting of, an orthosis for the support,
correction, or alleviation of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity. The practice of orthotics
encompasses evaluation, treatment, and consultation. With basic
observational gait and postural analysis, orthotists assess and design
orthoses to maximize function and provide not only the support but the
alignment necessary to either prevent or correct deformity or to
improve the safety and efficiency of mobility or locomotion, or both.
Orthotic practice includes providing continuing patient care in order
to assess its effect on the patient's tissues and to assure proper fit
and function of the orthotic device by periodic evaluation.
(((5))) (4) "Orthotist" means a person licensed to practice
orthotics under this chapter.
(((6))) (5) "Orthosis" means a custom-fabricated, definitive brace
or support that is designed for long-term use. Except for the
treatment of scoliosis, orthosis does not include prefabricated or
direct-formed orthotic devices, as defined in this section, or any of
the following assistive technology devices: Commercially available
knee orthoses used following injury or surgery; spastic muscle tone-inhibiting orthoses; upper extremity adaptive equipment; finger
splints; hand splints; custom-made, leather wrist gauntlets; face masks
used following burns; wheelchair seating that is an integral part of
the wheelchair and not worn by the patient independent of the
wheelchair; fabric or elastic supports; corsets; arch supports, also
known as foot orthotics; low-temperature formed plastic splints;
trusses; elastic hose; canes; crutches; cervical collars; dental
appliances; and other similar devices as determined by the secretary,
such as those commonly carried in stock by a pharmacy, department
store, corset shop, or surgical supply facility. Prefabricated
orthoses, also known as custom-fitted, or off-the-shelf, are devices
that are manufactured as commercially available stock items for no
specific patient. Direct-formed orthoses are devices formed or shaped
during the molding process directly on the patient's body or body
segment. Custom-fabricated orthoses, also known as custom-made
orthoses, are devices designed and fabricated, in turn, from raw
materials for a specific patient and require the generation of an
image, form, or mold that replicates the patient's body or body segment
and, in turn, involves the rectification of dimensions, contours, and
volumes to achieve proper fit, comfort, and function for that specific
patient.
(((7))) (6) "Prosthetics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling, fitting,
aligning, adjusting, or servicing, as well as providing the initial
training necessary to accomplish the fitting of, a prosthesis through
the replacement of external parts of a human body lost due to
amputation or congenital deformities or absences. The practice of
prosthetics also includes the generation of an image, form, or mold
that replicates the patient's body or body segment and that requires
rectification of dimensions, contours, and volumes for use in the
design and fabrication of a socket to accept a residual anatomic limb
to, in turn, create an artificial appendage that is designed either to
support body weight or to improve or restore function or cosmesis, or
both. Involved in the practice of prosthetics is observational gait
analysis and clinical assessment of the requirements necessary to
refine and mechanically fix the relative position of various parts of
the prosthesis to maximize the function, stability, and safety of the
patient. The practice of prosthetics includes providing continuing
patient care in order to assess the prosthetic device's effect on the
patient's tissues and to assure proper fit and function of the
prosthetic device by periodic evaluation.
(((8))) (7) "Prosthetist" means a person who is licensed to
practice prosthetics under this chapter.
(((9))) (8) "Prosthesis" means a definitive artificial limb that is
alignable or articulated, or, in lower extremity applications, capable
of weight bearing. Prosthesis means an artificial medical device that
is not surgically implanted and that is used to replace a missing limb,
appendage, or other external human body part including an artificial
limb, hand, or foot. The term does not include artificial eyes, ears,
fingers or toes, dental appliances, ostomy products, devices such as
artificial breasts, eyelashes, wigs, or other devices as determined by
the secretary that do not have a significant impact on the
musculoskeletal functions of the body. In the lower extremity of the
body, the term prosthesis does not include prostheses required for
amputations distal to and including the transmetatarsal level. In the
upper extremity of the body, the term prosthesis does not include
prostheses that are provided to restore function for amputations distal
to and including the carpal level.
(((10))) (9) "Authorized health care practitioner" means licensed
physicians, physician's assistants, osteopathic physicians,
chiropractors, naturopaths, podiatric physicians and surgeons,
dentists, and advanced registered nurse practitioners.
Sec. 171 RCW 18.200.050 and 1997 c 285 s 6 are each amended to
read as follows:
In addition to other authority provided by law, the secretary has
the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter;
(2) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250 and 43.70.280.
All fees collected under this section must be credited to the health
professions account as required under RCW 43.70.320;
(3) Register applicants, issue licenses to applicants who have met
the education, training, and examination requirements for licensure,
and deny licenses to applicants who do not meet the minimum
qualifications, except that proceedings concerning the denial of
credentials based upon unprofessional conduct or impairment are
governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) Hire clerical, administrative, investigative, and other staff
as needed to implement this chapter and hire individuals licensed under
this chapter to serve as examiners for any practical examinations;
(5) Determine minimum education requirements and evaluate and
designate those educational programs from which graduation will be
accepted as proof of eligibility to take a qualifying examination for
applicants for licensure;
(6) Establish the standards and procedures for revocation of
approval of education programs;
(7) Utilize or contract with individuals or organizations having
expertise in the profession or in education to assist in the
evaluations;
(8) Prepare and administer, or approve the preparation and
administration of, examinations for applicants for licensure;
(9) Determine whether alternative methods of training are
equivalent to formal education, and establish forms, procedures, and
criteria for evaluation of an applicant's alternative training to
determine the applicant's eligibility to take any qualifying
examination;
(10) Determine which jurisdictions have licensing requirements
equivalent to those of this state and issue licenses without
examinations to individuals licensed in those jurisdictions;
(11) Define and approve any experience requirement for licensing;
(12) Implement and administer a program for consumer education;
(13) Adopt rules implementing continuing competency requirements
for renewal of the license and relicensing;
(14) Maintain the official department records of all applicants and
licensees;
(15) Establish by rule the procedures for an appeal of an
examination failure;
(16) Establish requirements and procedures for an inactive license;
and
(17) ((With the advice of the advisory committee, the secretary
may)) Recommend collaboration with health professions, boards, and
commissions to develop appropriate referral protocols.
Sec. 172 RCW 18.200.070 and 1997 c 285 s 8 are each amended to
read as follows:
(1) An applicant must file a written application on forms provided
by the department showing to the satisfaction of the secretary((, in
consultation with the advisory committee,)) that the applicant meets
the following requirements:
(a) The applicant possesses a baccalaureate degree with coursework
appropriate for the profession approved by the secretary, or possesses
equivalent training as determined by the secretary pursuant to
subsections (3) and (5) of this section;
(b) The applicant has the amount of formal training, including the
hours of classroom education and clinical practice, in areas of study
as the secretary deems necessary and appropriate;
(c) The applicant has completed a clinical internship or residency
in the professional area for which a license is sought in accordance
with the standards, guidelines, or procedures for clinical internships
or residencies inside or outside the state as established by the
secretary, or that are otherwise substantially equivalent to the
standards commonly accepted in the fields of orthotics and prosthetics
as determined by the secretary pursuant to subsections (3) and (5) of
this section. The secretary must set the internship as at least one
year.
(2) An applicant for licensure as either an orthotist or
prosthetist must pass all written and practical examinations that are
required and approved by the secretary ((in consultation with the
advisory committee)).
(3) The standards and requirements for licensure established by the
secretary must be substantially equal to the standards commonly
accepted in the fields of orthotics and prosthetics.
(4) An applicant failing to make the required grade in the first
examination may take up to three subsequent examinations as the
applicant desires upon prepaying a fee, determined by the secretary
under RCW 43.70.250, for each subsequent examination. Upon failing
four examinations, the secretary may invalidate the original
application and require remedial education before the person may take
future examinations.
(5) The secretary may waive some of the education, examination, or
experience requirements of this section if the secretary determines
that the applicant meets alternative standards, established by the
secretary through rule, that are substantially equivalent to the
requirements in subsections (1) and (2) of this section.
NEW SECTION. Sec. 173 The following acts or parts of acts are
each repealed:
(1) RCW 43.09.430 (Performance audits -- Definitions) and 2005 c 385
s 2;
(2) RCW 43.09.435 (Performance audits -- Citizen advisory board) and
2005 c 385 s 3;
(3) RCW 43.09.440 (Performance audits -- Collaboration with joint
legislative audit and review committee -- Criteria -- Statewide performance
review -- Contracting out -- Release of audit reports) and 2005 c 385 s 5;
(4) RCW 43.09.445 (Performance audits -- Local jurisdictions) and
2005 c 385 s 6;
(5) RCW 43.09.450 (Performance audits -- Audit of performance audit
program) and 2005 c 385 s 8;
(6) RCW 43.09.455 (Performance audits -- Follow-up and corrective
action -- Progress reports) and 2005 c 385 s 9; and
(7) RCW 43.09.460 (Performance audits -- Appropriation -- Budget
request) and 2005 c 385 s 11.
NEW SECTION. Sec. 174 The following acts or parts of acts are
each repealed:
(1) RCW 17.15.040 (Interagency integrated pest management
coordinating committee--Creation--Composition--Duties--Public notice--Progress reports) and 1997 c 357 s 5;
(2) RCW 17.21.230 (Pesticide advisory board) and 1994 c 283 s 26,
1989 c 380 s 54, 1988 c 36 s 8, 1974 ex.s. c 20 s 1, 1971 ex.s. c 191
s 8, 1967 c 177 s 14, & 1961 c 249 s 23;
(3) RCW 17.21.240 (Pesticide advisory board -- Vacancies) and 1994 c
283 s 27, 1989 c 380 s 55, & 1961 c 249 s 24;
(4) RCW 17.21.250 (Pesticide advisory board -- Duties) and 1989 c 380
s 56 & 1961 c 249 s 25;
(5) RCW 17.21.260 (Pesticide advisory board -- Officers, meetings)
and 1994 c 283 s 28, 1989 c 380 s 57, & 1961 c 249 s 26;
(6) RCW 17.21.270 (Pesticide advisory board -- Travel expenses) and
1989 c 380 s 58, 1975-'76 2nd ex.s. c 34 s 24, & 1961 c 249 s 27;
(7) RCW 70.104.070 (Pesticide incident reporting and tracking
review panel -- Intent) and 1989 c 380 s 67; and
(8) RCW 70.104.080 (Pesticide panel -- Generally) and 1994 c 264 s
41, 1991 c 3 s 363, & 1989 c 380 s 68.
Sec. 175 RCW 70.104.090 and 1991 c 3 s 364 are each amended to
read as follows:
((The responsibilities of the review panel shall include, but not
be limited to:)) The
department of health shall prepare an annual report to the governor,
agency heads, and members of the legislature, with the same available
to the public. The report shall include, at a minimum:
(1) Establishing guidelines for centralizing the receipt of
information relating to actual or alleged health and environmental
incidents involving pesticides;
(2) Reviewing and making recommendations for procedures for
investigation of pesticide incidents, which shall be implemented by the
appropriate agency unless a written statement providing the reasons for
not adopting the recommendations is provided to the review panel;
(3) Monitoring the time periods required for response to reports of
pesticide incidents by the departments of agriculture, health, and
labor and industries;
(4) At the request of the chair or any panel member, reviewing
pesticide incidents of unusual complexity or those that cannot be
resolved;
(5) Identifying inadequacies in state and/or federal law that
result in insufficient protection of public health and safety, with
specific attention to advising the appropriate agencies on the adequacy
of pesticide reentry intervals established by the federal environmental
protection agency and registered pesticide labels to protect the health
and safety of farmworkers. The panel shall establish a priority list
for reviewing reentry intervals, which considers the following
criteria:
(a) Whether the pesticide is being widely used in labor-intensive
agriculture in Washington;
(b) Whether another state has established a reentry interval for
the pesticide that is longer than the existing federal reentry
interval;
(c) The toxicity category of the pesticide under federal law;
(d) Whether the pesticide has been identified by a federal or state
agency or through a scientific review as presenting a risk of cancer,
birth defects, genetic damage, neurological effects, blood disorders,
sterility, menstrual dysfunction, organ damage, or other chronic or
subchronic effects; and
(e) Whether reports or complaints of ill effects from the pesticide
have been filed following worker entry into fields to which the
pesticide has been applied; and
(6) Reviewing and approving an annual report prepared by
(((a))) (1) A summary of the year's activities;
(((b))) (2) A synopsis of the cases reviewed;
(((c))) (3) A separate descriptive listing of each case in which
adverse health or environmental effects due to pesticides were found to
occur;
(((d))) (4) A tabulation of the data from each case;
(((e))) (5) An assessment of the effects of pesticide exposure in
the workplace;
(((f))) (6) The identification of trends, issues, and needs; and
(((g))) (7) Any recommendations for improved pesticide use
practices.
Sec. 176 RCW 15.92.070 and 1991 c 341 s 8 are each amended to
read as follows:
The laboratory is advised by a board appointed by the dean of the
Washington State University college of agriculture and home economics.
The dean shall cooperate with appropriate officials in Washington,
Idaho, and Oregon in selecting board members.
(1) The board shall consist of one representative from each of the
following interests: A human toxicologist or a health professional
knowledgeable in worker exposure to pesticides, the Washington State
University vice-provost for research or research administrator,
representatives from the state department of agriculture, the
department of ecology, the department of health, the department of
labor and ((industry [industries])) industries, privately owned
Washington pesticide analytical laboratories, federal regional
pesticide laboratories, an Idaho and Oregon laboratory, whether state,
university, or private, a chemical and fertilizer industry
representative, farm organizations, food processors, marketers, farm
labor, environmental organizations, and consumers. Each board member
shall serve a three-year term. The members of the board shall serve
without compensation but shall be reimbursed for travel expenses
incurred while engaged in the business of the board as provided in RCW
43.03.050 and 43.03.060.
(2) The board ((is in liaison with the pesticide advisory board and
the pesticide incident reporting and tracking panel and)) shall review
the chemicals investigated by the laboratory according to the following
criteria:
(a) Chemical uses for which a database exists on environmental fate
and acute toxicology, and that appear safer environmentally than
pesticides available on the market;
(b) Chemical uses not currently under evaluation by public
laboratories in Idaho or Oregon for use on Washington crops;
(c) Chemicals that have lost or may lose their registration and
that no reasonably viable alternatives for Washington crops are known;
and
(d) Other chemicals vital to Washington agriculture.
(3) The laboratory shall conduct research activities using approved
good laboratory practices, namely procedures and recordkeeping required
of the national IR-4 minor use pesticide registration program.
(4) The laboratory shall coordinate activities with the national
IR-4 program.
Sec. 177 RCW 17.21.020 and 2004 c 100 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Agricultural commodity" means any plant or part of a plant, or
animal, or animal product, produced by a person (including farmers,
ranchers, vineyardists, plant propagators, Christmas tree growers,
aquaculturists, floriculturists, orchardists, foresters, or other
comparable persons) primarily for sale, consumption, propagation, or
other use by people or animals.
(2) "Agricultural land" means land on which an agricultural
commodity is produced or land that is in a government-recognized
conservation reserve program. This definition does not apply to
private gardens where agricultural commodities are produced for
personal consumption.
(3) "Antimicrobial pesticide" means a pesticide that is used for
the control of microbial pests, including but not limited to viruses,
bacteria, algae, and protozoa, and is intended for use as a
disinfectant or sanitizer.
(4) "Apparatus" means any type of ground, water, or aerial
equipment, device, or contrivance using motorized, mechanical, or
pressurized power and used to apply any pesticide on land and anything
that may be growing, habitating, or stored on or in such land, but
shall not include any pressurized handsized household device used to
apply any pesticide, or any equipment, device, or contrivance of which
the person who is applying the pesticide is the source of power or
energy in making such pesticide application, or any other small
equipment, device, or contrivance that is transported in a piece of
equipment licensed under this chapter as an apparatus.
(5) "Arthropod" means any invertebrate animal that belongs to the
phylum arthropoda, which in addition to insects, includes allied
classes whose members are wingless and usually have more than six legs;
for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
(6) "Certified applicator" means any individual who is licensed as
a commercial pesticide applicator, commercial pesticide operator,
public operator, private-commercial applicator, demonstration and
research applicator, private applicator, limited private applicator,
rancher private applicator, or any other individual who is certified by
the director to use or supervise the use of any pesticide which is
classified by the EPA or the director as a restricted use pesticide.
(7) "Commercial pesticide applicator" means any person who engages
in the business of applying pesticides to the land of another.
(8) "Commercial pesticide operator" means any employee of a
commercial pesticide applicator who uses or supervises the use of any
pesticide and who is required to be licensed under provisions of this
chapter.
(9) "Defoliant" means any substance or mixture of substances
intended to cause the leaves or foliage to drop from a plant with or
without causing abscission.
(10) "Department" means the Washington state department of
agriculture.
(11) "Desiccant" means any substance or mixture of substances
intended to artificially accelerate the drying of plant tissues.
(12) "Device" means any instrument or contrivance intended to trap,
destroy, control, repel, or mitigate pests, but not including equipment
used for the application of pesticides when sold separately from the
pesticides.
(13) "Direct supervision" by certified private applicators shall
mean that the designated restricted use pesticide shall be applied for
purposes of producing any agricultural commodity on land owned or
rented by the applicator or the applicator's employer, by a competent
person acting under the instructions and control of a certified private
applicator who is available if and when needed, even though such
certified private applicator is not physically present at the time and
place the pesticide is applied. The certified private applicator shall
have direct management responsibility and familiarity of the pesticide,
manner of application, pest, and land to which the pesticide is being
applied. Direct supervision by all other certified applicators means
direct on-the-job supervision and shall require that the certified
applicator be physically present at the application site and that the
person making the application be in voice and visual contact with the
certified applicator at all times during the application. However,
direct supervision for forest application does not require constant
voice and visual contact when general use pesticides are applied using
nonapparatus type equipment, the certified applicator is physically
present and readily available in the immediate application area, and
the certified applicator directly observes pesticide mixing and
batching. Direct supervision of an aerial apparatus means the pilot of
the aircraft must be appropriately certified.
(14) "Director" means the director of the department or a duly
authorized representative.
(15) "Engage in business" means any application of pesticides by
any person upon lands or crops of another.
(16) "EPA" means the United States environmental protection agency.
(17) "EPA restricted use pesticide" means any pesticide classified
for restricted use by the administrator, EPA.
(18) "FIFRA" means the federal insecticide, fungicide and
rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(19) "Forest application" means the application of pesticides to
agricultural land used to grow trees for the commercial production of
wood or wood fiber for products such as dimensional lumber, shakes,
plywood, poles, posts, pilings, particle board, hardboard, oriented
strand board, pulp, paper, cardboard, or other similar products.
(20) "Fumigant" means any pesticide product or combination of
products that is a vapor or gas or forms a vapor or gas on application
and whose method of pesticidal action is through the gaseous state.
(21) "Fungi" means all nonchlorophyll-bearing thallophytes (all
nonchlorophyll-bearing plants of lower order than mosses and
liverworts); for example, rusts, smuts, mildews, molds, and yeasts,
except those on or in a living person or other animals.
(22) "Fungicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any fungi.
(23) "Herbicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any weed or other
higher plant.
(24) "Immediate service call" means a landscape application to
satisfy an emergency customer request for service, or a treatment to
control a pest to landscape plants.
(25) "Insect" means any small invertebrate animal, in any life
stage, whose adult form is segmented and which generally belongs to the
class insecta, comprised of six-legged, usually winged forms, as, for
example, beetles, bugs, bees, and flies. The term insect shall also
apply to other allied classes of arthropods whose members are wingless
and usually have more than six legs, for example, spiders, mites,
ticks, centipedes, and isopod crustaceans.
(26) "Insecticide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any insect.
(27) "Land" means all land and water areas, including airspace and
all plants, animals, structures, buildings, devices, and contrivances,
appurtenant to or situated on, fixed or mobile, including any used for
transportation.
(28) "Landscape application" means an application of any EPA
registered pesticide to any exterior landscape area around residential
property, commercial properties such as apartments or shopping centers,
parks, golf courses, schools including nursery schools and licensed day
cares, or cemeteries or similar areas. This definition shall not apply
to: (a) Applications made by private applicators, limited private
applicators, or rancher private applicators; (b) mosquito abatement,
gypsy moth eradication, or similar wide-area pest control programs
sponsored by governmental entities; and (c) commercial pesticide
applicators making structural applications.
(29) "Limited private applicator" means a certified applicator who
uses or is in direct supervision, as defined for private applicators in
this section, of the use of any herbicide classified by the EPA or the
director as a restricted use pesticide, for the sole purpose of
controlling weeds on nonproduction agricultural land owned or rented by
the applicator or the applicator's employer. Limited private
applicators may also use restricted use pesticides on timber areas,
excluding aquatic sites, to control weeds designated for mandatory
control under chapters 17.04, 17.06, and 17.10 RCW and state and local
regulations adopted under chapters 17.04, 17.06, and 17.10 RCW. A
limited private applicator may apply restricted use herbicides to the
types of land described in this subsection of another person if applied
without compensation other than trading of personal services between
the applicator and the other person. This license is only valid when
making applications in counties of Washington located east of the crest
of the Cascade mountains.
(30) "Limited production agricultural land" means land used to grow
hay and grain crops that are consumed by the livestock on the farm
where produced. No more than ten percent of the hay and grain crops
grown on limited production agricultural land may be sold each crop
year. Limited production agricultural land does not include aquatic
sites.
(31) "Nematocide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate nematodes.
(32) "Nematode" means any invertebrate animal of the phylum
nemathelminthes and class nematoda, that is, unsegmented round worms
with elongated, fusiform, or saclike bodies covered with cuticle, and
inhabiting soil, water, plants or plant parts. Nematodes may also be
called nemas or eelworms.
(33) "Nonproduction agricultural land" means pastures, rangeland,
fencerows, and areas around farm buildings but not aquatic sites.
(34) "Person" means any individual, partnership, association,
corporation, or organized group of persons whether or not incorporated.
(35) "Pest" means, but is not limited to, any insect, rodent,
nematode, snail, slug, weed, and any form of plant or animal life or
virus, except virus, bacteria, or other microorganisms on or in a
living person or other animal or in or on processed food or beverages
or pharmaceuticals, which is normally considered to be a pest, or which
the director may declare to be a pest.
(36) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to prevent,
destroy, control, repel, or mitigate any pest;
(b) Any substance or mixture of substances intended to be used as
a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant as defined in RCW 15.58.030.
(37) (("Pesticide advisory board" means the pesticide advisory
board as provided for in this chapter.)) "Plant regulator" means any substance or mixture of
substances intended through physiological action, to accelerate or
retard the rate of growth or maturation, or to otherwise alter the
behavior of ornamental or crop plants or their produce, but shall not
include substances insofar as they are intended to be used as plant
nutrients, trace elements, nutritional chemicals, plant inoculants, or
soil amendments.
(38)
(((39))) (38) "Private applicator" means a certified applicator who
uses or is in direct supervision of the use of any pesticide classified
by the EPA or the director as a restricted use pesticide, for the
purposes of producing any agricultural commodity and for any associated
noncrop application on land owned or rented by the applicator or the
applicator's employer or if applied without compensation other than
trading of personal services between producers of agricultural
commodities on the land of another person.
(((40))) (39) "Private-commercial applicator" means a certified
applicator who uses or supervises the use of any pesticide classified
by the EPA or the director as a restricted use pesticide for purposes
other than the production of any agricultural commodity on lands owned
or rented by the applicator or the applicator's employer.
(((41))) (40) "Rancher private applicator" means a certified
applicator who uses or is in direct supervision, as defined for private
applicators in this section, of the use of any herbicide or any
rodenticide classified by the EPA or the director as a restricted use
pesticide for the purpose of controlling weeds and pest animals on
nonproduction agricultural land and limited production agricultural
land owned or rented by the applicator or the applicator's employer.
Rancher private applicators may also use restricted use pesticides on
timber areas, excluding aquatic sites, to control weeds designated for
mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state
and local regulations adopted under chapters 17.04, 17.06, and 17.10
RCW. A rancher private applicator may apply restricted use herbicides
and rodenticides to the types of land described in this subsection of
another person if applied without compensation other than trading of
personal services between the applicator and the other person. This
license is only valid when making applications in counties of
Washington located east of the crest of the Cascade mountains.
(((42))) (41) "Residential property" includes property less than
one acre in size zoned as residential by a city, town, or county, but
does not include property zoned as agricultural or agricultural
homesites.
(((43))) (42) "Restricted use pesticide" means any pesticide or
device which, when used as directed or in accordance with a widespread
and commonly recognized practice, the director determines, subsequent
to a hearing, requires additional restrictions for that use to prevent
unreasonable adverse effects on the environment including people,
lands, beneficial insects, animals, crops, and wildlife, other than
pests.
(((44))) (43) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate rodents, or
any other vertebrate animal which the director may declare by rule to
be a pest.
(((45))) (44) "School facility" means any facility used for
licensed day care center purposes or for the purposes of a public
kindergarten or public elementary or secondary school. School facility
includes the buildings or structures, playgrounds, landscape areas,
athletic fields, school vehicles, or any other area of school property.
(((46))) (45) "Snails or slugs" include all harmful mollusks.
(((47))) (46) "Unreasonable adverse effects on the environment"
means any unreasonable risk to people or the environment taking into
account the economic, social, and environmental costs and benefits of
the use of any pesticide, or as otherwise determined by the director.
(((48))) (47) "Weed" means any plant which grows where it is not
wanted.
NEW SECTION. Sec. 178 RCW 81.88.140 (Citizens committee on
pipeline safety -- Duties -- Membership) and 2001 c 238 s 11 & 2000 c 191
s 14 are each repealed.
Sec. 179 RCW 80.24.060 and 2009 c 91 s 1 are each amended to read
as follows:
(1)(a) Every gas company and every interstate gas pipeline company
subject to inspection or enforcement by the commission shall pay an
annual pipeline safety fee to the commission. The pipeline safety fees
received by the commission shall be deposited in the pipeline safety
account created in RCW 81.88.050.
(b) The aggregate amount of fees set shall be sufficient to recover
the reasonable costs of administering the pipeline safety program,
taking into account federal funds used to offset the costs. The fees
established under this section shall be designed to generate revenue
not exceeding appropriated levels of funding for the current fiscal
year. At a minimum, the fees established under this section shall be
sufficient to adequately fund pipeline inspection personnel, the timely
review of pipeline safety and integrity plans, the timely development
of spill response plans, the timely development of accurate maps of
pipeline locations, and participation in federal pipeline safety
efforts to the extent allowed by law((, and the staffing of the
citizens committee on pipeline safety)).
(c) Increases in the aggregate amount of fees over the immediately
preceding fiscal year are subject to the requirements of RCW
43.135.055.
(2) The commission shall by rule establish the methodology it will
use to set the appropriate fee for each entity subject to this section.
The methodology shall provide for an equitable distribution of program
costs among all entities subject to the fee. The fee methodology shall
provide for:
(a) Direct assignment of average costs associated with annual
standard inspections, including the average number of inspection days
per year. In establishing these directly assignable costs, the
commission shall consider the requirements and guidelines of the
federal government, state safety standards, and good engineering
practices; and
(b) A uniform and equitable means of estimating and allocating
costs of other duties relating to inspecting pipelines for safety that
are not directly assignable, including but not limited to design review
and construction inspections, specialized inspections, incident
investigations, geographic mapping system design and maintenance, and
administrative support.
(3) The commission shall require reports from those entities
subject to this section in the form and at such time as necessary to
set the fees. After considering the reports supplied by the entities,
the commission shall set the amount of the fee payable by each entity
by general order entered before a date established by rule.
(4) For companies subject to RCW 80.24.010, the commission shall
collect the pipeline safety fee as part of the fee specified in RCW
80.24.010. The commission shall allocate the moneys collected under
RCW 80.24.010 between the pipeline safety program and for other
regulatory purposes. The commission shall adopt rules that assure that
fee moneys related to the pipeline safety program are maintained
separately from other moneys collected by the commission under this
chapter.
(5) Any payment of the fee imposed by this section made after its
due date must include a late fee of two percent of the amount due.
Delinquent fees accrue interest at the rate of one percent per month.
(6) The commission shall keep accurate records of the costs
incurred in administering its gas pipeline safety program, and the
records are open to inspection by interested parties. The records and
data upon which the commission's determination is made shall be prima
facie correct in any proceeding to challenge the reasonableness or
correctness of any order of the commission fixing fees and distributing
regulatory expenses.
(7) If any entity seeks to contest the imposition of a fee imposed
under this section, that entity shall pay the fee and request a refund
within six months of the due date for the payment by filing a petition
for a refund with the commission. The commission shall establish by
rule procedures for handling refund petitions and may delegate the
decisions on refund petitions to the secretary of the commission.
(8) After establishing the fee methodology by rule as required in
subsection (2) of this section, the commission shall create a
regulatory incentive program for pipeline safety programs ((in
collaboration with the citizens committee on pipeline safety)). The
regulatory incentive program created by the commission shall not shift
costs among companies paying pipeline safety fees and shall not
decrease revenue to pipeline safety programs.
Sec. 180 RCW 81.24.090 and 2009 c 91 s 2 are each amended to read
as follows:
(1)(a) Every hazardous liquid pipeline company as defined in RCW
81.88.010 shall pay an annual pipeline safety fee to the commission.
The pipeline safety fees received by the commission shall be deposited
in the pipeline safety account created in RCW 81.88.050.
(b) The aggregate amount of fees set shall be sufficient to recover
the reasonable costs of administering the pipeline safety program,
taking into account federal funds used to offset the costs. The fees
established under this section shall be designed to generate revenue
not exceeding appropriated levels of funding for the current fiscal
year. At a minimum, the fees established under this section shall be
sufficient to adequately fund pipeline inspection personnel, the timely
review of pipeline safety and integrity plans, the timely development
of spill response plans, the timely development of accurate maps of
pipeline locations, and participation in federal pipeline safety
efforts to the extent allowed by law((, and the staffing of the
citizens committee on pipeline safety)).
(c) Increases in the aggregate amount of fees over the immediately
preceding fiscal year are subject to the requirements of RCW
43.135.055.
(2) The commission shall by rule establish the methodology it will
use to set the appropriate fee for each entity subject to this section.
The methodology shall provide for an equitable distribution of program
costs among all entities subject to the fee. The fee methodology shall
provide for:
(a) Direct assignment of average costs associated with annual
standard inspections, including the average number of inspection days
per year. In establishing these directly assignable costs, the
commission shall consider the requirements and guidelines of the
federal government, state safety standards, and good engineering
practices; and
(b) A uniform and equitable means of estimating and allocating
costs of other duties relating to inspecting pipelines for safety that
are not directly assignable, including but not limited to design review
and construction inspections, specialized inspections, incident
investigations, geographic mapping system design and maintenance, and
administrative support.
(3) The commission shall require reports from those entities
subject to this section in the form and at such time as necessary to
set the fees. After considering the reports supplied by the entities,
the commission shall set the amount of the fee payable by each entity
by general order entered before a date established by rule.
(4) For companies subject to RCW 81.24.010, the commission shall
collect the pipeline safety fee as part of the fee specified in RCW
81.24.010. The commission shall allocate the moneys collected under
RCW 81.24.010 between the pipeline safety program and for other
regulatory purposes. The commission shall adopt rules that assure that
fee moneys related to the pipeline safety program are maintained
separately from other moneys collected by the commission under this
chapter.
(5) Any payment of the fee imposed by this section made after its
due date must include a late fee of two percent of the amount due.
Delinquent fees accrue interest at the rate of one percent per month.
(6) The commission shall keep accurate records of the costs
incurred in administering its hazardous liquid pipeline safety program,
and the records are open to inspection by interested parties. The
records and data upon which the commission's determination is made
shall be prima facie correct in any proceeding to challenge the
reasonableness or correctness of any order of the commission fixing
fees and distributing regulatory expenses.
(7) If any entity seeks to contest the imposition of a fee imposed
under this section, that entity shall pay the fee and request a refund
within six months of the due date for the payment by filing a petition
for a refund with the commission. The commission shall establish by
rule procedures for handling refund petitions and may delegate the
decisions on refund petitions to the secretary of the commission.
(8) After establishing the fee methodology by rule as required in
subsection (2) of this section, the commission shall create a
regulatory incentive program for pipeline safety programs ((in
collaboration with the citizens committee on pipeline safety)). The
regulatory incentive program created by the commission shall not shift
costs among companies paying pipeline safety fees and shall not
decrease revenue to pipeline safety programs.
Sec. 181 RCW 43.20A.890 and 2005 c 369 s 2 are each amended to
read as follows:
(1) A program for (a) the prevention and treatment of problem and
pathological gambling; and (b) the training of professionals in the
identification and treatment of problem and pathological gambling is
established within the department of social and health services, to be
administered by a qualified person who has training and experience in
problem gambling or the organization and administration of treatment
services for persons suffering from problem gambling. The department
may contract for any services provided under the program. The
department shall track program participation and client outcomes.
(2) To receive treatment under subsection (1) of this section, a
person must:
(a) Need treatment for problem or pathological gambling, or because
of the problem or pathological gambling of a family member, but be
unable to afford treatment; and
(b) Be targeted by the department of social and health services as
being most amenable to treatment.
(3) Treatment under this section is available only to the extent of
the funds appropriated or otherwise made available to the department of
social and health services for this purpose. The department may
solicit and accept for use any gift of money or property made by will
or otherwise, and any grant of money, services, or property from the
federal government, any tribal government, the state, or any political
subdivision thereof or any private source, and do all things necessary
to cooperate with the federal government or any of its agencies or any
tribal government in making an application for any grant.
(4) ((The department of social and health services shall establish
an advisory committee to assist it in designing, managing, and
evaluating the effectiveness of the program established in this
section. The advisory committee shall give due consideration in the
design and management of the program that persons who hold licenses or
contracts issued by the gambling commission, horse racing commission,
and lottery commission are not excluded from, or discouraged from,
applying to participate in the program. The committee shall include,
at a minimum, persons knowledgeable in the field of problem and
pathological gambling and persons representing tribal gambling,
privately owned nontribal gambling, and the state lottery.)) For purposes of this section, "pathological gambling" is a
mental disorder characterized by loss of control over gambling,
progression in preoccupation with gambling and in obtaining money to
gamble, and continuation of gambling despite adverse consequences.
"Problem gambling" is an earlier stage of pathological gambling which
compromises, disrupts, or damages family or personal relationships or
vocational pursuits.
(5)
NEW SECTION. Sec. 182 RCW 42.56.140 (Public records exemptions
accountability committee) and 2007 c 198 s 2 are each repealed.
NEW SECTION. Sec. 183 The following acts or parts of acts are
each repealed:
(1) RCW 18.140.230 (Real estate appraiser commission--Establishment -- Composition) and 2005 c 339 s 19 & 2000 c 249 s 3;
(2) RCW 18.140.240 (Commission/members -- Duties and
responsibilities) and 2000 c 249 s 4; and
(3) RCW 18.140.250 (Commission member's compensation) and 2000 c
249 s 5.
Sec. 184 RCW 18.140.010 and 2005 c 339 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Appraisal" means the act or process of estimating value; an
estimate of value; or of or pertaining to appraising and related
functions.
(2) "Appraisal report" means any communication, written or oral, of
an appraisal, review, or consulting service in accordance with the
standards of professional conduct or practice, adopted by the director,
that is transmitted to the client upon completion of an assignment.
(3) "Appraisal assignment" means an engagement for which an
appraiser is employed or retained to act, or would be perceived by
third parties or the public as acting, as a disinterested third party
in rendering an unbiased analysis, opinion, or conclusion relating to
the value of specified interests in, or aspects of, identified real
estate. The term "appraisal assignment" may apply to valuation work
and analysis work.
(4) "Brokers price opinion" means an oral or written report of
property value that is prepared by a real estate broker or salesperson
licensed under chapter 18.85 RCW.
(5) "Client" means any party for whom an appraiser performs a
service.
(6) (("Commission" means the real estate appraiser commission of
the state of Washington.)) "Comparative market analysis" means a brokers price opinion.
(7)
(((8))) (7) "Department" means the department of licensing.
(((9))) (8) "Director" means the director of the department of
licensing.
(((10))) (9) "Expert review appraiser" means a state-certified or
state-licensed real estate appraiser chosen by the director for the
purpose of providing appraisal review assistance to the director.
(((11))) (10) "Federal department" means an executive department of
the United States of America specifically concerned with housing
finance issues, such as the department of housing and urban
development, the department of veterans affairs, or their legal federal
successors.
(((12))) (11) "Federal financial institutions regulatory agency"
means the board of governors of the federal reserve system, the federal
deposit insurance corporation, the office of the comptroller of the
currency, the office of thrift supervision, the national credit union
administration, their successors and/or such other agencies as may be
named in future amendments to 12 U.S.C. Sec. 3350(6).
(((13))) (12) "Federal secondary mortgage marketing agency" means
the federal national mortgage association, the government national
mortgage association, the federal home loan mortgage corporation, their
successors and/or such other similarly functioning housing finance
agencies as may be federally chartered in the future.
(((14))) (13) "Federally related transaction" means any real
estate-related financial transaction that the federal financial
institutions regulatory agency or the resolution trust corporation
engages in, contracts for, or regulates; and that requires the services
of an appraiser.
(((15))) (14) "Financial institution" means any person doing
business under the laws of this state or the United States relating to
banks, bank holding companies, savings banks, trust companies, savings
and loan associations, credit unions, consumer loan companies, and the
affiliates, subsidiaries, and service corporations thereof.
(((16))) (15) "Mortgage broker" for the purpose of this chapter
means a mortgage broker licensed under chapter 19.146 RCW, any mortgage
broker approved and subject to audit by the federal national mortgage
association, the government national mortgage association, or the
federal home loan mortgage corporation as provided in RCW 19.146.020,
any mortgage broker approved by the United States secretary of housing
and urban development for participation in any mortgage insurance under
the national housing act, 12 U.S.C. Sec. 1201, and the affiliates,
subsidiaries, and service corporations thereof.
(((17))) (16) "Real estate" means an identified parcel or tract of
land, including improvements, if any.
(((18))) (17) "Real estate-related financial transaction" means any
transaction involving:
(a) The sale, lease, purchase, investment in, or exchange of real
property, including interests in property, or the financing thereof;
(b) The refinancing of real property or interests in real property;
and
(c) The use of real property or interests in property as security
for a loan or investment, including mortgage-backed securities.
(((19))) (18) "Real property" means one or more defined interests,
benefits, or rights inherent in the ownership of real estate.
(((20))) (19) "Review" means the act or process of critically
studying an appraisal report prepared by another.
(((21))) (20) "Specialized appraisal services" means all appraisal
services that do not fall within the definition of appraisal
assignment. The term "specialized appraisal service" may apply to
valuation work and to analysis work. Regardless of the intention of
the client or employer, if the appraiser would be perceived by third
parties or the public as acting as a disinterested third party in
rendering an unbiased analysis, opinion, or conclusion, the work is
classified as an appraisal assignment and not a specialized appraisal
service.
(((22))) (21) "State-certified general real estate appraiser" means
a person certified by the director to develop and communicate real
estate appraisals of all types of property. A state-certified general
real estate appraiser may designate or identify an appraisal rendered
by him or her as a "certified appraisal."
(((23))) (22) "State-certified residential real estate appraiser"
means a person certified by the director to develop and communicate
real estate appraisals of all types of residential property of one to
four units without regard to transaction value or complexity and
nonresidential property having a transaction value as specified in
rules adopted by the director. A state certified residential real
estate appraiser may designate or identify an appraisal rendered by him
or her as a "certified appraisal."
(((24))) (23) "State-licensed real estate appraiser" means a person
licensed by the director to develop and communicate real estate
appraisals of noncomplex one to four residential units and complex one
to four residential units and nonresidential property having
transaction values as specified in rules adopted by the director.
(((25))) (24) "State-registered appraiser trainee," "trainee," or
"trainee real estate appraiser" means a person registered by the
director under RCW 18.140.280 to develop and communicate real estate
appraisals under the immediate and personal direction of a state-certified real estate appraiser. Appraisals are limited to those types
of properties that the supervisory appraiser is permitted by their
current credential, and that the supervisory appraiser is competent and
qualified to appraise. By signing the appraisal report, or being
identified in the certification or addenda as having lent significant
professional assistance, the state-registered appraiser trainee accepts
total and complete individual responsibility for all content, analyses,
and conclusions in the report.
(((26))) (25) "Supervisory appraiser" means a person holding a
currently valid certificate issued by the director as a state-certified
real estate appraiser providing direct supervision to another state-certified, state-licensed, or state-registered appraiser trainee. The
supervisory appraiser must be in good standing in each jurisdiction
that he or she is credentialed. The supervisory appraiser must sign
all appraisal reports. By signing the appraisal report, the
supervisory appraiser accepts full responsibility for all content,
analyses, and conclusions in the report.
Sec. 185 RCW 18.140.030 and 2005 c 339 s 4 are each amended to
read as follows:
The director shall have the following powers and duties:
(1) To adopt rules in accordance with chapter 34.05 RCW necessary
to implement this chapter and chapter 18.235 RCW((, with the advice and
approval of the commission));
(2) To receive and approve or deny applications for certification
or licensure as a state-certified or state-licensed real estate
appraiser and for registration as a state-registered appraiser trainee
under this chapter; to establish appropriate administrative procedures
for the processing of such applications; to issue certificates,
licenses, or registrations to qualified applicants pursuant to the
provisions of this chapter; and to maintain a roster of the names and
addresses of individuals who are currently certified, licensed, or
registered under this chapter;
(3) ((To provide administrative assistance to the members of and to
keep records for the real estate appraiser commission;)) To solicit bids and enter into contracts with educational
testing services or organizations for the preparation of questions and
answers for certification or licensure examinations;
(4)
(((5))) (4) To administer or contract for administration of
certification or licensure examinations at locations and times as may
be required to carry out the responsibilities under this chapter;
(((6))) (5) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this chapter;
(((7) To consider recommendations by the real estate appraiser
commission relating to the experience, education, and examination
requirements for each classification of state-certified appraiser and
for licensure;)) (6) To employ such professional, clerical, and technical
assistance as may be necessary to properly administer the work of the
director;
(8) To consider recommendations by the real estate appraiser
commission relating to the educational requirements for the state-registered appraiser trainee classification;
(9) To consider recommendations by the real estate appraiser
commission relating to the maximum number of state-registered appraiser
trainees that each supervisory appraiser will be permitted to
supervise;
(10) To consider recommendations by the real estate appraiser
commission relating to continuing education requirements as a
prerequisite to renewal of certification or licensure;
(11) To consider recommendations by the real estate appraiser
commission relating to standards of professional appraisal conduct or
practice in the enforcement of this chapter;
(12)
(((13))) (7) To establish forms necessary to administer this
chapter;
(((14))) (8) To establish an expert review appraiser roster
comprised of state-certified or licensed real estate appraisers whose
purpose is to assist the director by applying their individual
expertise by reviewing real estate appraisals for compliance with this
chapter. Qualifications to act as an expert review appraiser shall be
established by the director ((with the advice of the commission)). An
application to serve as an expert review appraiser shall be submitted
to the real estate appraiser program, and the roster of accepted expert
review appraisers shall be maintained by the department. An expert
review appraiser may be added to or deleted from that roster by the
director. The expert review appraiser shall be reimbursed for expenses
((in the same manner as)) by the department ((reimburses the
commission)); and
(((15))) (9) To do all other things necessary to carry out the
provisions of this chapter and minimally meet the requirements of
federal guidelines regarding state certification or licensure of
appraisers and registration of state-registered appraiser trainees that
the director determines are appropriate for state-certified and state-licensed appraisers and state-registered appraiser trainees in this
state.
Sec. 186 RCW 18.140.160 and 2007 c 256 s 1 are each amended to
read as follows:
In addition to the unprofessional conduct described in RCW
18.235.130, the director may take disciplinary action for the following
conduct, acts, or conditions:
(1) Failing to meet the minimum qualifications for state
certification, licensure, or registration established by or pursuant to
this chapter;
(2) Paying money other than the fees provided for by this chapter
to any employee of the director ((or the commission)) to procure state
certification, licensure, or registration under this chapter;
(3) Continuing to act as a state-certified real estate appraiser,
state-licensed real estate appraiser, or state-registered appraiser
trainee when his or her certificate, license, or registration is on an
expired status;
(4) Violating any provision of this chapter or any lawful rule made
by the director pursuant thereto;
(5) Issuing an appraisal report on any real property in which the
appraiser has an interest unless his or her interest is clearly stated
in the appraisal report;
(6) Being affiliated as an employer, independent contractor, or
supervisory appraiser of a state-certified real estate appraiser,
state-licensed real estate appraiser, or state-registered appraiser
trainee whose certification, license, or registration is currently in
a suspended or revoked status;
(7) Failure or refusal without good cause to exercise reasonable
diligence in performing an appraisal practice under this chapter,
including preparing an oral or written report to communicate
information concerning an appraisal practice; and
(8) Negligence or incompetence in performing an appraisal practice
under this chapter, including preparing an oral or written report to
communicate information concerning an appraisal practice.
Sec. 187 RCW 18.140.170 and 2005 c 339 s 15 are each amended to
read as follows:
The director may investigate the actions of a state-certified or
state-licensed real estate appraiser or a state-registered appraiser
trainee or an applicant for certification, licensure, or registration
or recertification, relicensure, or reregistration. Upon receipt of
information indicating that a state-certified or state-licensed real
estate appraiser or state-registered appraiser trainee under this
chapter may have violated this chapter, the director may cause one or
more of the staff investigators to make an investigation of the facts
to determine whether or not there is admissible evidence of any such
violation. ((If technical assistance is required, a staff investigator
may consult with one or more of the members of the commission.))
NEW SECTION. Sec. 188 The following acts or parts of acts are
each repealed:
(1) RCW 77.95.110 (Regional fisheries enhancement group advisory
board) and 2000 c 107 s 108; and
(2) RCW 77.95.120 (Regional fisheries enhancement group advisory
board -- Duties and authority) and 2000 c 107 s 109, 1998 c 96 s 1, &
1995 c 367 s 6.
Sec. 189 RCW 77.95.100 and 2000 c 107 s 107 are each amended to
read as follows:
The department may provide start-up funds to regional fisheries
enhancement groups for costs associated with any enhancement project.
The ((regional fisheries enhancement group advisory board and the))
commission shall develop guidelines for providing funds to the regional
fisheries enhancement groups.
Sec. 190 RCW 77.95.180 and 1995 c 367 s 3 are each amended to
read as follows:
To maximize available state resources, the department and the
department of transportation shall work in partnership ((with the
regional fisheries enhancement group advisory board)) to identify
cooperative projects to eliminate fish passage barriers caused by state
roads and highways. ((The advisory board may provide input to the
department to aid in identifying priority barrier removal projects that
can be accomplished with the assistance of regional fisheries
enhancement groups.)) The department of transportation shall provide
engineering and other technical services to assist regional fisheries
enhancement groups with fish passage barrier removal projects, provided
that the barrier removal projects have been identified as a priority by
the department of fish and wildlife and the department of
transportation has received an appropriation to continue the fish
barrier removal program.
Sec. 191 RCW 77.95.190 and 1995 c 367 s 10 are each amended to
read as follows:
The department shall ((coordinate with the regional fisheries
enhancement group advisory board to)) field test coho and chinook
salmon remote site incubators. The purpose of field testing efforts
shall be to gather conclusive scientific data on the effectiveness of
coho and chinook remote site incubators.
NEW SECTION. Sec. 192 RCW 17.10.030 (State noxious weed control
board -- Members -- Terms -- Elections -- Meetings -- Reimbursement for travel
expenses) and 1997 c 353 s 4, 1987 c 438 s 2, 1975-'76 2nd ex.s. c 34
s 23, & 1969 ex.s. c 113 s 3 are each repealed.
Sec. 193 RCW 17.10.010 and 1997 c 353 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise:
(1) "Noxious weed" means a plant that when established is highly
destructive, competitive, or difficult to control by cultural or
chemical practices.
(2) "State noxious weed list" means a list of noxious weeds adopted
by the ((state noxious weed control board)) department. The list is
divided into three classes:
(a) Class A consists of those noxious weeds not native to the state
that are of limited distribution or are unrecorded in the state and
that pose a serious threat to the state;
(b) Class B consists of those noxious weeds not native to the state
that are of limited distribution or are unrecorded in a region of the
state and that pose a serious threat to that region;
(c) Class C consists of any other noxious weeds.
(3) "Person" means any individual, partnership, corporation, firm,
the state or any department, agency, or subdivision thereof, or any
other entity.
(4) "Owner" means the person in actual control of property, or his
or her agent, whether the control is based on legal or equitable title
or on any other interest entitling the holder to possession and, for
purposes of liability, pursuant to RCW 17.10.170 or 17.10.210, means
the possessor of legal or equitable title or the possessor of an
easement: PROVIDED, That when the possessor of an easement has the
right to control or limit the growth of vegetation within the
boundaries of an easement, only the possessor of the easement is
deemed, for the purpose of this chapter, an "owner" of the property
within the boundaries of the easement.
(5) As pertains to the duty of an owner, the words "control",
"contain", "eradicate", and the term "prevent the spread of noxious
weeds" means conforming to the standards of noxious weed control or
prevention in this chapter or as adopted by rule in chapter 16-750 WAC
by the ((state noxious weed control board)) department and an activated
county noxious weed control board.
(6) "Agent" means any occupant or any other person acting for the
owner and working or in charge of the land.
(7) "Agricultural purposes" are those that are intended to provide
for the growth and harvest of food and fiber.
(8) "Director" means the director of the department of agriculture
or the director's appointed representative.
(9) "Weed district" means a weed district as defined in chapters
17.04 and 17.06 RCW.
(10) "Aquatic noxious weed" means an aquatic plant species that is
listed on the state weed list under RCW 17.10.080.
(11) "Screenings" means a mixture of mill or elevator run mixture
or a combination of varying amounts of materials obtained in the
process of cleaning either grain or seeds, or both, such as light or
broken grain or seed, weed seeds, hulls, chaff, joints, straw, elevator
dust, floor sweepings, sand, and dirt.
(12) "Department" means the department of agriculture.
Sec. 194 RCW 17.10.040 and 1997 c 353 s 5 are each amended to
read as follows:
An inactive county noxious weed control board may be activated by
any one of the following methods:
(1) Either within sixty days after a petition is filed by one
hundred registered voters within the county or, on its own motion, the
county legislative authority shall hold a hearing to determine whether
there is a need, due to a damaging infestation of noxious weeds, to
activate the county noxious weed control board. If such a need is
found to exist, then the county legislative authority shall, in the
manner provided by RCW 17.10.050, appoint five persons to the county's
noxious weed control board.
(2) If the county's noxious weed control board is not activated
within one year following a hearing by the county legislative authority
to determine the need for activation, then upon the filing with the
((state noxious weed control board)) department of a petition comprised
either of the signatures of at least two hundred registered voters
within the county, or of the signatures of a majority of an adjacent
county's noxious weed control board, the ((state board)) director
shall, within six months of the date of the filing, hold a hearing in
the county to determine the need for activation. If a need for
activation is found to exist, then the ((state board)) director shall
order the county legislative authority to activate the county's noxious
weed control board and to appoint members to the board in the manner
provided by RCW 17.10.050.
(3) The director((, upon request of the state noxious weed control
board,)) shall order a county legislative authority to activate the
noxious weed control board immediately if an infestation of a class A
noxious weed or class B noxious weed designated for control on the
state noxious weed list is confirmed in that county. The county
legislative authority may, as an alternative to activating the noxious
weed board, combat the class A noxious weed or class B noxious weed
with county resources and personnel operating with the authorities and
responsibilities imposed by this chapter on a county noxious weed
control board. No county may continue without a noxious weed control
board for a second consecutive year if the class A noxious weed or
class B noxious weed has not been eradicated.
Sec. 195 RCW 17.10.070 and 1998 c 245 s 3 are each amended to
read as follows:
(((1) In addition to the powers conferred on the state noxious weed
control board under other provisions of this chapter, it has the power
to:)) The ((
(a) Employ a state noxious weed control board executive secretary,
and additional persons as it deems necessary, to disseminate
information relating to noxious weeds to county noxious weed control
boards and weed districts, to coordinate the educational and weed
control efforts of the various county and regional noxious weed control
boards and weed districts, and to assist the board in carrying out its
responsibilities;
(b) Adopt, amend, or repeal rules, pursuant to the administrative
procedure act, chapter 34.05 RCW, as may be necessary to carry out the
duties and authorities assigned to the board by this chapter.
(2)state noxious weed control board)) department shall
provide a written report before January 1st of each odd-numbered year
to the county noxious weed control boards and the weed districts
showing the expenditure of state funds on noxious weed control;
specifically how the funds were spent; the status of the state, county,
and district programs; and recommendations for the continued best use
of state funds for noxious weed control. The report shall include
recommendations as to the long-term needs regarding weed control.
Sec. 196 RCW 17.10.074 and 1997 c 353 s 9 are each amended to
read as follows:
(1) In addition to the powers conferred on the director under other
provisions of this chapter, the director((, with the advice of the
state noxious weed control board,)) has power to:
(a) Require the county legislative authority or the noxious weed
control board of any county or any weed district to report to it
concerning the presence, absence, or estimated amount of noxious weeds
and measures, if any, taken or planned for the control thereof;
(b) Employ staff as may be necessary in the administration of this
chapter;
(c) Adopt, amend, or repeal rules, pursuant to the administrative
procedure act, chapter 34.05 RCW, as may be necessary to carry out this
chapter;
(d) Do such things as may be necessary and incidental to the
administration of its functions pursuant to this chapter including but
not limited to surveying for and detecting noxious weed infestations;
(e) Upon receipt of a complaint signed by a majority of the members
of an adjacent county noxious weed control board or weed district, or
by one hundred registered voters that are land owners within the
county, require the county legislative authority or noxious weed
control board of the county or weed district that is the subject of the
complaint to respond to the complaint within forty-five days with a
plan for the control of the noxious weeds cited in the complaint;
(f) If the complaint in (e) of this subsection involves a class A
or class B noxious weed, order the county legislative authority,
noxious weed control board, or weed district to take immediate action
to eradicate or control the noxious weed infestation. If the county or
the weed district does not take action to control the noxious weed
infestation in accordance with the order, the director may control it
or cause it to be controlled. The county or weed district is liable
for payment of the expense of the control work including necessary
costs and expenses for attorneys' fees incurred by the director in
securing payment from the county or weed district. The director may
bring a civil action in a court of competent jurisdiction to collect
the expenses of the control work, costs, and attorneys' fees;
(g) In counties without an activated noxious weed control board,
enter upon any property as provided for in RCW 17.10.160, issue or
cause to be issued notices and citations and take the necessary action
to control noxious weeds as provided in RCW 17.10.170, hold hearings on
any charge or cost of control action taken as provided for in RCW
17.10.180, issue a notice of civil infraction as provided for in RCW
17.10.230 and 17.10.310 through (([and])) and 17.10.350, and place a
lien on any property pursuant to RCW 17.10.280, 17.10.290, and
17.10.300 with the same authorities and responsibilities imposed by
these sections on county noxious weed control boards;
(h) Adopt a list of noxious weed seeds and toxic weeds which shall
be controlled in designated articles, products, or feed stuffs as
provided for in RCW 17.10.235.
(2) The moneys appropriated for noxious weed control to the
department shall be used for ((administration of the state noxious weed
control board,)) the administration of the director's powers under this
chapter, the purchase of materials for controlling, containing, or
eradicating noxious weeds, the purchase or collection of biological
control agents for controlling noxious weeds, and the contracting for
services to carry out the purposes of this chapter. In a county with
an activated noxious weed control board, the director shall make every
effort to contract with that board for the needed services.
(((3) If the director determines the need to reallocate funds
previously designated for county use, the director shall convene a
meeting of the state noxious weed control board to seek its advice
concerning any reallocation.))
Sec. 197 RCW 17.10.080 and 1997 c 353 s 10 are each amended to
read as follows:
(1) The ((state noxious weed control board)) department shall each
year or more often, following a hearing, adopt a state noxious weed
list.
(2) Any person may request during a comment period established by
the ((state weed board)) director the inclusion, deletion, or
designation change of any plant to the state noxious weed list.
(3) The ((state noxious weed control board)) department shall send
a copy of the list to each activated county noxious weed control board,
to each weed district, and to the county legislative authority of each
county with an inactive noxious weed control board.
(4) The record of rule making must include the written findings of
the ((board)) department for the inclusion of each plant on the list.
The findings shall be made available upon request to any interested
person.
Sec. 198 RCW 17.10.090 and 1997 c 353 s 11 are each amended to
read as follows:
Each county noxious weed control board shall, within ninety days of
the adoption of the state noxious weed list from the ((state noxious
weed control board)) department and following a hearing, select those
weeds from the class C list and those weeds from the class B list not
designated for control in the noxious weed control region in which the
county lies that it finds necessary to be controlled in the county.
The weeds thus selected and all class A weeds and those class B weeds
that have been designated for control in the noxious weed control
region in which the county lies shall be classified within that county
as noxious weeds, and those weeds comprise the county noxious weed
list.
Sec. 199 RCW 17.10.100 and 1997 c 353 s 12 are each amended to
read as follows:
Where any of the following occur, the ((state noxious weed control
board)) director may, following a hearing, order any county noxious
weed control board or weed district to include a noxious weed from the
((state board's)) department's list in the county's noxious weed list:
(1) Where the ((state noxious weed control board)) department
receives a petition from at least one hundred registered voters within
the county requesting that the weed be listed.
(2) Where the ((state noxious weed control board)) department
receives a request for inclusion from an adjacent county's noxious weed
control board or weed district, which the adjacent board or district
has included that weed in its county list, and the adjacent board or
weed district alleges that its noxious weed control program is being
hampered by the failure to include the weed on the county's noxious
weed list.
Sec. 200 RCW 17.10.130 and 1997 c 353 s 15 are each amended to
read as follows:
The powers and duties of a regional noxious weed control board are
as follows:
(1) The regional board shall, within ninety days of the adoption of
the state noxious weed list ((from)) by the ((state noxious weed
control board)) department and following a hearing, select those weeds
from the state list that it finds necessary to be controlled on a
regional basis. The weeds thus selected shall also be contained in the
county noxious weed list of each county in the region.
(2) The regional board shall take action as may be necessary to
coordinate the noxious weed control programs of the region and adopt a
regional plan for the control of noxious weeds.
Sec. 201 RCW 17.10.160 and 1997 c 353 s 20 are each amended to
read as follows:
Any authorized agent or employee of the county noxious weed control
board ((or of the state noxious weed control board)) or of the
department ((of agriculture)) where not otherwise proscribed by law may
enter upon any property for the purpose of administering this chapter
and any power exercisable pursuant thereto, including the taking of
specimens of weeds, general inspection, and the performance of
eradication or control work. Prior to carrying out the purpose for
which the entry is made, the official making such entry or someone in
his or her behalf, shall make a reasonable attempt to notify the owner
of the property as to the purpose and need for the entry.
(1) When there is probable cause to believe that there is property
within this state not otherwise exempt from process or execution upon
which noxious weeds are standing or growing and the owner refuses
permission to inspect the property, a judge of the superior court or
district court in the county in which the property is located may, upon
the request of the county noxious weed control board or its agent,
issue a warrant directed to the board or agent authorizing the taking
of specimens of weeds or other materials, general inspection, and the
performance of eradication or control work.
(2) Application for issuance and execution and return of the
warrant authorized by this section shall be in accordance with the
applicable rules of the superior court or the district courts.
(3) Nothing in this section requires the application for and
issuance of any warrant not otherwise required by law: PROVIDED, That
civil liability for negligence shall lie in any case in which entry and
any of the activities connected therewith are not undertaken with
reasonable care.
(4) Any person who improperly prevents or threatens to prevent
entry upon land as authorized in this section or any person who
interferes with the carrying out of this chapter shall be upon
conviction guilty of a misdemeanor.
Sec. 202 RCW 17.10.201 and 1997 c 353 s 34 are each amended to
read as follows:
(1) The ((state noxious weed control board)) department shall:
(a) Work with the various federal and tribal land management
agencies to coordinate state and federal noxious weed control;
(b) Encourage the various federal and tribal land management
agencies to devote more time and resources to noxious weed control; and
(c) Assist the various federal and tribal land management agencies
by seeking adequate funding for noxious weed control.
(2) County noxious weed control boards and weed districts shall
work with the various federal and tribal land management agencies in
each county in order to:
(a) Identify new noxious weed infestations;
(b) Outline and plan necessary noxious weed control actions;
(c) Develop coordinated noxious weed control programs; and
(d) Notify local federal and tribal agency land managers of noxious
weed infestations.
(3) The department ((of agriculture)), county noxious weed control
boards, and weed districts are authorized to enter federal lands, with
the approval of the appropriate federal agency, to survey for and
control noxious weeds where control measures of a type and extent
required under this chapter have not been taken.
(4) The department ((of agriculture)), county noxious weed control
boards, and weed districts may bill the federal land management agency
that manages the land for all costs of the noxious weed control
performed on federal land. If not paid by the federal agency that
manages the land, the cost of the noxious weed control on federal land
may be paid from any funds available to the county noxious weed control
board or weed district that performed the noxious weed control.
Alternatively, the costs of noxious weed control on federal land may be
paid from any funds specifically appropriated to the department of
agriculture for that purpose.
(5) The department ((of agriculture)), county noxious weed control
boards, and weed districts are authorized to enter into any reasonable
agreement with the appropriate authorities for the control of noxious
weeds on federal or tribal lands.
(6) The department ((of agriculture)), county noxious weed control
boards, and weed districts shall consult with state agencies managing
federal land concerning noxious weed infestation and control programs.
Sec. 203 RCW 17.10.210 and 1997 c 353 s 25 are each amended to
read as follows:
(1) Whenever the director, the county noxious weed control board,
or a weed district finds that a parcel of land is so seriously infested
with class A or class B noxious weeds that control measures cannot be
undertaken thereon without quarantining the land and restricting or
denying access thereto or use thereof, the director, the county noxious
weed control board, or weed district, with the approval of the director
of the department ((of agriculture)), may issue an order for the
quarantine and restriction or denial of access or use. Upon issuance
of the order, the director, the county noxious weed control board, or
the weed district shall commence necessary control measures and may
institute legal action for the collection of costs for control work,
which may include attorneys' fees and the costs of other appropriate
actions.
(2) An order of quarantine shall be served, by any method
sufficient for the service of civil process, on all persons known to
qualify as owners of the land within the meaning of this chapter.
(3) The director shall((, with the advice of the state noxious weed
control board,)) determine how the expense of control work undertaken
pursuant to this section, and the cost of any quarantine in connection
therewith, is apportioned.
Sec. 204 RCW 17.10.235 and 1997 c 353 s 26 are each amended to
read as follows:
(1) The director ((of agriculture)) shall adopt((, with the advice
of the state noxious weed control board,)) rules designating noxious
weed seeds which shall be controlled in products, screenings, or
articles to prevent the spread of noxious weeds. The rules shall
identify the products, screenings, and articles in which the seeds must
be controlled and the maximum amount of the seed to be permitted in the
product, screenings, or article to avoid a hazard of spreading the
noxious weed by seed from the product, screenings, or article. The
director shall also adopt((, with the advice of the state board,))
rules designating toxic weeds which shall be controlled in feed stuffs
and screenings to prevent injury to the animal that consumes the feed.
The rules shall identify the feed stuffs and screenings in which the
toxic weeds must be controlled and the maximum amount of the toxic weed
to be permitted in the feed. Rules developed under this section shall
identify ways that products, screenings, articles, or feed stuffs
containing noxious weed seeds or toxic weeds can be made available for
beneficial uses.
(2) Any person who knowingly or negligently sells or otherwise
distributes a product, article, screenings, or feed stuff designated by
rule containing noxious weed seeds or toxic weeds designated for
control by rule and in an amount greater than the amount established by
the director for the seed or weed by rule is guilty of a misdemeanor.
(3) The department ((of agriculture shall)), upon request of the
buyer, inspect products, screenings, articles, or feed stuffs
designated by rule and charge fees, in accordance with chapter 22.09
RCW, to determine the presence of designated noxious weed seeds or
toxic weeds.
Sec. 205 RCW 17.10.250 and 1997 c 353 s 28 are each amended to
read as follows:
The legislative authority of any county with an activated noxious
weed control board or the board of any weed district may apply to the
director for noxious weed control funds when informed by the director
that funds are available. Any applicant must employ adequate
administrative personnel to supervise an effective weed control program
as determined by the director ((with advice from the state noxious weed
control board)). The director ((with advice from the state noxious
weed control board)) shall adopt rules on the distribution and use of
noxious weed control account funds.
Sec. 206 RCW 17.10.260 and 1987 c 438 s 33 are each amended to
read as follows:
The administrative powers granted under this chapter to the
director ((of the department of agriculture and to the state noxious
weed control board)) shall be exercised in conformity with the
provisions of the administrative procedure act, chapter 34.05 RCW, as
now or hereafter amended. The use of any substance to control noxious
weeds shall be subject to the provisions of the water pollution control
act, chapter 90.48 RCW, as now or hereafter amended, the Washington
pesticide control act, chapter 15.58 RCW, and the Washington pesticide
application act, chapter 17.21 RCW.
Sec. 207 RCW 17.10.350 and 2003 c 53 s 117 are each amended to
read as follows:
(1) Any person found to have committed a civil infraction under
this chapter shall be assessed a monetary penalty not to exceed one
thousand dollars. The ((state noxious weed control board)) director
shall adopt a schedule of monetary penalties for each violation of this
chapter classified as a civil infraction and submit the schedule to the
appropriate court. If a monetary penalty is imposed by the court, the
penalty is immediately due and payable. The court may, at its
discretion, grant an extension of time, not to exceed thirty days, in
which the penalty must be paid.
(2) Failure to pay any monetary penalties imposed under this
chapter is punishable as a misdemeanor.
Sec. 208 RCW 17.15.020 and 1997 c 357 s 3 are each amended to
read as follows:
Each of the following state agencies or institutions shall
implement integrated pest management practices when carrying out the
agency's or institution's duties related to pest control:
(1) The department of agriculture;
(2) ((The state noxious weed control board;)) The department of ecology;
(3)
(((4))) (3) The department of fish and wildlife;
(((5))) (4) The department of transportation;
(((6))) (5) The parks and recreation commission;
(((7))) (6) The department of natural resources;
(((8))) (7) The department of corrections;
(((9))) (8) The department of general administration; and
(((10))) (9) Each state institution of higher education, for the
institution's own building and grounds maintenance.
Sec. 209 RCW 17.26.006 and 1995 c 255 s 2 are each amended to
read as follows:
This state is facing an environmental disaster that will affect
other states as well as other nations. The legislature finds that six
years is sufficient time for state agencies to debate solutions to the
spartina and purple loosestrife problems that are occurring in state
waters. One of the purposes of chapter 255, Laws of 1995 is to focus
agency action on control and future eradication of spartina and purple
loosestrife. It is the mandate of the legislature that one state
agency, the department of agriculture, be responsible for a unified
effort to eliminate spartina and control purple loosestrife((, with the
advice of the state noxious weed control board,)) and that state agency
shall be directly accountable to the legislature on the progress of the
spartina eradication and purple loosestrife control program.
Sec. 210 RCW 17.26.015 and 1998 c 245 s 4 are each amended to
read as follows:
(1) The state department of agriculture is the lead agency for the
control of spartina and purple loosestrife ((with the advice of the
state noxious weed control board)).
(2) Responsibilities of the lead agency include:
(a) Coordination of the control program including memorandums of
understanding, contracts, and agreements with local, state, federal,
and tribal governmental entities and private parties;
(b) Preparation of a statewide spartina management plan utilizing
integrated vegetation management strategies that encompass all of
Washington's tidelands. The plan shall be developed in cooperation
with local, state, federal, and tribal governments, private landowners,
and concerned citizens. The plan shall prioritize areas for control.
Nothing in this subsection prohibits the department from taking action
to control spartina in a particular area of the state in accordance
with a plan previously prepared by the state while preparing the
statewide plan;
(c) Directing on the ground control efforts that include, but are
not limited to: (i) Control work and contracts; (ii) spartina survey;
(iii) collection and maintenance of spartina location data; (iv)
purchasing equipment, goods, and services; (v) survey of threatened and
endangered species; and (vi) site-specific environmental information
and documents; and
(d) Evaluating the effectiveness of the control efforts.
((The lead agency shall report to the appropriate standing
committees of the house of representatives and the senate no later than
December 15th of each year through the year 1999 on the progress of the
program, the number of acres treated by various methods of control, and
on the funds spent.))
Sec. 211 RCW 77.60.130 and 2007 c 341 s 59 are each amended to
read as follows:
(1) The aquatic nuisance species committee is created for the
purpose of fostering state, federal, tribal, and private cooperation on
aquatic nuisance species issues. The mission of the committee is to
minimize the unauthorized or accidental introduction of nonnative
aquatic species and give special emphasis to preventing the
introduction and spread of aquatic nuisance species. The term "aquatic
nuisance species" means a nonnative aquatic plant or animal species
that threatens the diversity or abundance of native species, the
ecological stability of infested waters, or commercial, agricultural,
or recreational activities dependent on such waters.
(2) The committee consists of representatives from each of the
following state agencies: Department of fish and wildlife, department
of ecology, department of agriculture, department of health, department
of natural resources, Puget Sound partnership, state patrol, ((state
noxious weed control board,)) and Washington sea grant program. The
committee shall encourage and solicit participation by: Federally
recognized tribes of Washington, federal agencies, Washington
conservation organizations, environmental groups, and representatives
from industries that may either be affected by the introduction of an
aquatic nuisance species or that may serve as a pathway for their
introduction.
(3) The committee has the following duties:
(a) Periodically revise the state of Washington aquatic nuisance
species management plan, originally published in June 1998;
(b) Make recommendations to the legislature on statutory provisions
for classifying and regulating aquatic nuisance species;
(c) Recommend to the ((state noxious weed control board))
department of agriculture that a plant be classified under the process
designated by RCW 17.10.080 as an aquatic noxious weed;
(d) Coordinate education, research, regulatory authorities,
monitoring and control programs, and participate in regional and
national efforts regarding aquatic nuisance species;
(e) Consult with representatives from industries and other
activities that may serve as a pathway for the introduction of aquatic
nuisance species to develop practical strategies that will minimize the
risk of new introductions; and
(f) Prepare a biennial report to the legislature with the first
report due by December 1, 2001, making recommendations for better
accomplishing the purposes of this chapter, and listing the
accomplishments of this chapter to date.
(4) The committee shall accomplish its duties through the authority
and cooperation of its member agencies. Implementation of all plans
and programs developed by the committee shall be through the member
agencies and other cooperating organizations.
Sec. 212 RCW 79A.25.320 and 2006 c 152 s 3 are each amended to
read as follows:
(1) Membership in the council includes a representative from the
following entities:
(a) The department of agriculture, represented by the director or
the director's designee;
(b) The department of fish and wildlife, represented by the
director or the director's designee;
(c) The department of ecology, represented by the director or the
director's designee;
(d) The department of natural resources, represented by the
commissioner or the commissioner's designee;
(e) The department of transportation, represented by the secretary
or the secretary's designee;
(f) ((The Washington state noxious weed control board, appointed by
the board; )) A county located east of the crest of the Cascade mountains,
appointed by the other members of the council; and
(g)
(((h))) (g) A county located west of the crest of the Cascade
mountains, appointed by the other members of the council.
(2) The councilmembers may add members to the council as the
councilmembers deem appropriate to accomplish its goals.
(3) The council must invite one representative each from the United
States department of agriculture, the United States fish and wildlife
service, the United States environmental protection agency, and the
United States coast guard to participate on the council in a nonvoting,
ex officio capacity.
(4) A representative of the office of the governor must convene the
first meeting of the council and serve as chair until the council
selects a chair. At the first meeting of the council, the council
shall address issues including, but not limited to, voting methods,
meeting schedules, and the need for and use of advisory and technical
committees.
Sec. 213 RCW 79A.25.340 and 2006 c 152 s 5 are each amended to
read as follows:
(1) The council shall develop and periodically update a statewide
strategic plan for addressing invasive species. The strategic plan
should incorporate the reports and activities of the aquatic nuisance
species committee, the ((state noxious weed control board)) department
of agriculture, and other appropriate reports and activities. In
addition, the council must coordinate with the biodiversity council
created in Executive Order 04-02 to ensure that a statewide strategy
for the control of invasive species is integrated into the thirty-year
strategy for biodiversity conservation that the biodiversity council
must submit to the legislature in 2007.
(2) The strategic plan must, at a minimum, address:
(a) Statewide coordination and intergovernmental cooperation;
(b) Prevention of new biological invasions through deliberate or
unintentional introduction;
(c) Inventory and monitoring of invasive species;
(d) Early detection of and rapid response to new invasions;
(e) Control, management, and eradication of established populations
of invasive species;
(f) Projects that can be implemented during the period covered by
the strategic plan for the control, management, and eradication of new
or established populations of invasive species;
(g) Revegetation, reclamation, or restoration of native species
following control or eradication of invasive species;
(h) Tools that can be made available to assist state agencies that
are responsible for managing public land to control invasive noxious
weeds and recommendations as to how the agencies should be held
responsible for the failure to control invasive noxious weeds;
(i) Research and public education;
(j) Funding and resources available for invasive species
prevention, control, and management; and
(k) Recommendations for legislation necessary to carry out the
purposes of this chapter.
(3) The strategic plan must be updated at least once every three
years following its initial development. The strategic plan must be
submitted to the governor and appropriate committees of the legislature
by September 15th of each applicable year. The council shall complete
the initial strategic plan within two years of June 7, 2006.
(4) Each state department and agency named to the council shall,
consistent with state law, make best efforts to implement elements of
the completed plan that are applicable to the department or agency.
NEW SECTION. Sec. 214 The following acts or parts of acts are
each repealed:
(1) RCW 70.95.040 (Solid waste advisory committee -- Members--Meetings -- Travel expenses -- "Governor's award of excellence.") and 1991
c 319 s 401, 1987 c 115 s 1, 1982 c 108 s 1, & 1977 c 10 s 1;
(2) RCW 70.95.050 (Solid waste advisory committee -- Staff services
and facilities) and 1969 ex.s. c 134 s 5;
(3) RCW 70.95.070 (Review of standards prior to adoption--Revisions, additions and modifications -- Factors) and 1975-'76 2nd ex.s.
c 41 s 4 & 1969 ex.s. c 134 s 7; and
(4) RCW 70.105.060 (Review of rules, regulations, criteria and fee
schedules) and 1975-'76 2nd ex.s. c 101 s 6.
Sec. 215 RCW 70.95.030 and 2004 c 101 s 1 are each amended to
read as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "City" means every incorporated city and town.
(2) "Commission" means the utilities and transportation commission.
(3) (("Committee" means the state solid waste advisory committee.)) "Composted material" means organic solid waste that has been
subjected to controlled aerobic degradation at a solid waste facility
in compliance with the requirements of this chapter. Natural decay of
organic solid waste under uncontrolled conditions does not result in
composted material.
(4)
(((5))) (4) "Department" means the department of ecology.
(((6))) (5) "Director" means the director of the department of
ecology.
(((7))) (6) "Disposal site" means the location where any final
treatment, utilization, processing, or deposit of solid waste occurs.
(((8))) (7) "Energy recovery" means a process operating under
federal and state environmental laws and regulations for converting
solid waste into usable energy and for reducing the volume of solid
waste.
(((9))) (8) "Functional standards" means criteria for solid waste
handling expressed in terms of expected performance or solid waste
handling functions.
(((10))) (9) "Incineration" means a process of reducing the volume
of solid waste operating under federal and state environmental laws and
regulations by use of an enclosed device using controlled flame
combustion.
(((11))) (10) "Inert waste landfill" means a landfill that receives
only inert waste, as determined under RCW 70.95.065, and includes
facilities that use inert wastes as a component of fill.
(((12))) (11) "Jurisdictional health department" means city,
county, city-county, or district public health department.
(((13))) (12) "Landfill" means a disposal facility or part of a
facility at which solid waste is placed in or on land and which is not
a land treatment facility.
(((14))) (13) "Local government" means a city, town, or county.
(((15))) (14) "Modify" means to substantially change the design or
operational plans including, but not limited to, removal of a design
element previously set forth in a permit application or the addition of
a disposal or processing activity that is not approved in the permit.
(((16))) (15) "Multiple family residence" means any structure
housing two or more dwelling units.
(((17))) (16) "Person" means individual, firm, association,
copartnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity
whatsoever.
(((18))) (17) "Recyclable materials" means those solid wastes that
are separated for recycling or reuse, such as papers, metals, and
glass, that are identified as recyclable material pursuant to a local
comprehensive solid waste plan. Prior to the adoption of the local
comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2),
local governments may identify recyclable materials by ordinance from
July 23, 1989.
(((19))) (18) "Recycling" means transforming or remanufacturing
waste materials into usable or marketable materials for use other than
landfill disposal or incineration.
(((20))) (19) "Residence" means the regular dwelling place of an
individual or individuals.
(((21))) (20) "Sewage sludge" means a semisolid substance
consisting of settled sewage solids combined with varying amounts of
water and dissolved materials, generated from a wastewater treatment
system, that does not meet the requirements of chapter 70.95J RCW.
(((22))) (21) "Soil amendment" means any substance that is intended
to improve the physical characteristics of the soil, except composted
material, commercial fertilizers, agricultural liming agents,
unmanipulated animal manures, unmanipulated vegetable manures, food
wastes, food processing wastes, and materials exempted by rule of the
department, such as biosolids as defined in chapter 70.95J RCW and
wastewater as regulated in chapter 90.48 RCW.
(((23))) (22) "Solid waste" or "wastes" means all putrescible and
nonputrescible solid and semisolid wastes including, but not limited
to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge,
demolition and construction wastes, abandoned vehicles or parts
thereof, and recyclable materials.
(((24))) (23) "Solid waste handling" means the management, storage,
collection, transportation, treatment, utilization, processing, and
final disposal of solid wastes, including the recovery and recycling of
materials from solid wastes, the recovery of energy resources from
solid wastes or the conversion of the energy in solid wastes to more
useful forms or combinations thereof.
(((25))) (24) "Source separation" means the separation of different
kinds of solid waste at the place where the waste originates.
(((26))) (25) "Vehicle" includes every device physically capable of
being moved upon a public or private highway, road, street, or
watercourse and in, upon, or by which any person or property is or may
be transported or drawn upon a public or private highway, road, street,
or watercourse, except devices moved by human or animal power or used
exclusively upon stationary rails or tracks.
(((27))) (26) "Waste-derived soil amendment" means any soil
amendment as defined in this chapter that is derived from solid waste
as defined in ((RCW 70.95.030)) this section, but does not include
biosolids or biosolids products regulated under chapter 70.95J RCW or
wastewaters regulated under chapter 90.48 RCW.
(((28))) (27) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials.
(((29))) (28) "Yard debris" means plant material commonly created
in the course of maintaining yards and gardens, and through
horticulture, gardening, landscaping, or similar activities. Yard
debris includes but is not limited to grass clippings, leaves,
branches, brush, weeds, flowers, roots, windfall fruit, vegetable
garden debris, holiday trees, and tree prunings four inches or less in
diameter.
Sec. 216 RCW 43.21A.520 and 1989 c 431 s 47 are each amended to
read as follows:
(1) The department of ecology shall develop and implement an
environmental excellence awards program that recognizes products that
are produced, labeled, or packaged in a manner that helps ensure
environmental protection. The award shall be in recognition of
products that are made from recycled materials, easy to recycle,
substitute for more hazardous products, or otherwise help protect the
environment. Application for the award shall be voluntary. The awards
may be made in a variety of product categories including, but not
limited to:
(a) Paint products;
(b) Cleaning products;
(c) Pest control products;
(d) Automotive, marine, and related maintenance products;
(e) Hobby and recreation products; and
(f) Any other product available for retail or wholesale sale.
(2) ((The state solid waste advisory committee shall establish an
environmental excellence product award subcommittee to develop and
recommend criteria for awarding environmental excellence awards for
products. The subcommittee shall also review award applications and
make recommendations to the department. The subcommittee shall consist
of equal representation of: (a) Product manufacturing or other
business representatives; (b) environmental representatives; (c) labor
or consumer representatives; and (d) independent technical experts.
Members of the subcommittee need not necessarily be regular members of
the state solid waste advisory committee.)) Products receiving an environmental excellence award pursuant
to this section shall be entitled to display a logo or other symbol
developed by the department to signify the award. Awards shall be
given each year to as many products as qualify. The award logo may be
displayed for a period to be determined by the department.
(3)
Sec. 217 RCW 70.105.010 and 2009 c 549 s 1027 are each amended to
read as follows:
The words and phrases defined in this section shall have the
meanings indicated when used in this chapter unless the context clearly
requires otherwise.
(1) "Dangerous wastes" means any discarded, useless, unwanted, or
abandoned substances, including but not limited to certain pesticides,
or any residues or containers of such substances which are disposed of
in such quantity or concentration as to pose a substantial present or
potential hazard to human health, wildlife, or the environment because
such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that may cause death,
injury, or illness or have mutagenic, teratogenic, or carcinogenic
properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure
through decomposition or other means.
(2) "Department" means the department of ecology.
(3) "Designated zone facility" means any facility that requires an
interim or final status permit under rules adopted under this chapter
and that is not a preempted facility as defined in this section.
(4) "Director" means the director of the department of ecology or
the director's designee.
(5) "Disposal site" means a geographical site in or upon which
hazardous wastes are disposed of in accordance with the provisions of
this chapter.
(6) "Dispose or disposal" means the discarding or abandoning of
hazardous wastes or the treatment, decontamination, or recycling of
such wastes once they have been discarded or abandoned.
(7) "Extremely hazardous waste" means any dangerous waste
which(([:])):
(a) Will persist in a hazardous form for several years or more at
a disposal site and which in its persistent form
(i) Presents a significant environmental hazard and may be
concentrated by living organisms through a food chain or may affect the
genetic make-up of human beings or wildlife, and
(ii) Is highly toxic to human beings or wildlife
(b) If disposed of at a disposal site in such quantities as would
present an extreme hazard to human beings or the environment.
(8) "Facility" means all contiguous land and structures, other
appurtenances, and improvements on the land used for recycling,
storing, treating, incinerating, or disposing of hazardous waste.
(9) "Hazardous household substances" means those substances
identified by the department as hazardous household substances in the
guidelines developed under RCW 70.105.220.
(10) "Hazardous substances" means any liquid, solid, gas, or
sludge, including any material, substance, product, commodity, or
waste, regardless of quantity, that exhibits any of the characteristics
or criteria of hazardous waste as described in rules adopted under this
chapter.
(11) "Hazardous waste" means and includes all dangerous and
extremely hazardous waste, including substances composed of both
radioactive and hazardous components.
(12) "Local government" means a city, town, or county.
(13) "Moderate-risk waste" means (a) any waste that exhibits any of
the properties of hazardous waste but is exempt from regulation under
this chapter solely because the waste is generated in quantities below
the threshold for regulation, and (b) any household wastes which are
generated from the disposal of substances identified by the department
as hazardous household substances.
(14) "Person" means any person, firm, association, county, public
or municipal or private corporation, agency, or other entity
whatsoever.
(15) "Pesticide" shall have the meaning of the term as defined in
RCW 15.58.030 as now or hereafter amended.
(16) "Preempted facility" means any facility that includes as a
significant part of its activities any of the following operations:
(a) Landfill, (b) incineration, (c) land treatment, (d) surface
impoundment to be closed as a landfill, or (e) waste pile to be closed
as a landfill.
(17) "Service charge" means an assessment imposed under RCW
70.105.280 against those facilities that store, treat, incinerate, or
dispose of dangerous or extremely hazardous waste that contains both a
nonradioactive hazardous component and a radioactive component.
Service charges shall also apply to facilities undergoing closure under
this chapter in those instances where closure entails the physical
characterization of remaining wastes which contain both a
nonradioactive hazardous component and a radioactive component or the
management of such wastes through treatment or removal, except any
commercial low-level radioactive waste facility.
(((18) "Solid waste advisory committee" means the same advisory
committee as per RCW 70.95.040 through 70.95.070.))
Sec. 218 RCW 70.105.160 and 1998 c 245 s 110 are each amended to
read as follows:
The department shall conduct a study to determine the best
management practices for categories of waste for the priority waste
management methods established in RCW 70.105.150, with due
consideration in the course of the study to sound environmental
management and available technology. As an element of the study, the
department shall review methods that will help achieve the priority of
RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed
rules, the department shall conduct public hearings regarding the best
management practices for the various waste categories studied by the
department. After conducting the study, the department shall prepare
new rules or modify existing rules as appropriate to promote
implementation of the priorities established in RCW 70.105.150 for
management practices which assure use of sound environmental management
techniques and available technology. The preliminary study shall be
completed by July 1, 1986, and the rules shall be adopted by July 1,
1987. ((The solid waste advisory committee shall review the studies
and the new or modified rules.))
The studies shall be updated at least once every five years. The
funding for these studies shall be from the hazardous waste control and
elimination account, subject to legislative appropriation.
NEW SECTION. Sec. 219 RCW 46.16.705 (Special license plate
review board -- Created) and 2005 c 319 s 117 & 2003 c 196 s 101 are each
repealed.
Sec. 220 RCW 46.16.233 and 2003 c 361 s 501 and 2003 c 196 s 401
are each reenacted and amended to read as follows:
(1) Except for those license plates issued under RCW 46.16.305(1)
before January 1, 1987, under RCW 46.16.305(3), and to commercial
vehicles with a gross weight in excess of twenty-six thousand pounds,
effective with vehicle registrations due or to become due on January 1,
2001, the appearance of the background of all vehicle license plates
may vary in color and design but must be legible and clearly
identifiable as a Washington state license plate, as designated by the
department. Additionally, to ensure maximum legibility and
reflectivity, the department shall periodically provide for the
replacement of license plates, except for commercial vehicles with a
gross weight in excess of twenty-six thousand pounds. Frequency of
replacement shall be established in accordance with empirical studies
documenting the longevity of the reflective materials used to make
license plates.
(2) Special license plate series approved by the special license
plate review board created under RCW 46.16.705 and enacted by the
legislature prior to June 30, 2010, may display a symbol or artwork
approved by the special license plate review board. Beginning July 1,
2010, special license plate series approved by the department and
enacted into law by the legislature may display a symbol or artwork
approved by the department.
(3) By November 1, 2003, in providing for the periodic replacement
of license plates, the department shall offer to vehicle owners the
option of retaining their current license plate numbers. The
department shall charge a retention fee of twenty dollars if this
option is exercised. Revenue generated from the retention fee must be
deposited into the multimodal transportation account.
Sec. 221 RCW 46.16.316 and 2005 c 210 s 2 are each amended to
read as follows:
Except as provided in RCW 46.16.305:
(1) When a person who has been issued a special license plate or
plates: (a) Under RCW 46.16.30901, 46.16.30903, 46.16.30905, or
46.16.301 as it existed before amendment by section 5, chapter 291,
Laws of 1997, or under RCW 46.16.305(2) or 46.16.324; (b) approved by
the ((special license plate review board under RCW 46.16.715 through
46.16.775)); or (c) under RCW 46.16.601 sells, trades, or otherwise
transfers or releases ownership of the vehicle upon which the special
license plate or plates have been displayed, he or she shall
immediately report the transfer of such plate or plates to an acquired
vehicle or vehicle eligible for such plates pursuant to departmental
rule, or he or she shall surrender such plates to the department
immediately if such surrender is required by departmental rule. If a
person applies for a transfer of the plate or plates to another
eligible vehicle, a transfer fee of ten dollars shall be charged in
addition to all other applicable fees. Such transfer fees shall be
deposited in the motor vehicle fund. Failure to surrender the plates
when required is a traffic infraction.
(2) If the special license plate or plates issued by the department
become lost, defaced, damaged, or destroyed, application for a
replacement special license plate or plates shall be made and fees paid
as provided by law for the replacement of regular license plates.
Sec. 222 RCW 46.16.715 and 2005 c 319 s 118 are each amended to
read as follows:
(((1) The board shall meet periodically at the call of the chair,
but must meet at least one time each year within ninety days before an
upcoming regular session of the legislature. The board may adopt its
own rules and may establish its own procedures. It shall act
collectively in harmony with recorded resolutions or motions adopted by
a majority vote of the members, and it must have a quorum present to
take a vote on a special license plate application.)) The department of licensing shall ((
(2) The board will be compensated from the general appropriation
for the department of licensing in accordance with RCW 43.03.250. Each
board member will be compensated in accordance with RCW 43.03.250 and
reimbursed for actual necessary traveling and other expenses in going
to, attending, and returning from meetings of the board or that are
incurred in the discharge of duties requested by the chair. However,
in no event may a board member be compensated in any year for more than
one hundred twenty days, except the chair may be compensated for not
more than one hundred fifty days. Service on the board does not
qualify as a service credit for the purposes of a public retirement
system.
(3) The board shall keep proper records and is subject to audit by
the state auditor or other auditing entities.
(4)provide administrative
support to the board, which must include at least the following)):
(((a) Provide general staffing to meet the administrative needs of
the board;)) (1) Report to the ((
(b)board)) department on the reimbursement
status of any new special license plate series for which the state had
to pay the start-up costs;
(((c))) (2) Process special license plate applications and confirm
that the sponsoring organization has submitted all required
documentation. If an incomplete application is received, the
department must return it to the sponsoring organization; and
(((d))) (3) Compile the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those reports to the ((board for review and approval))
department.
Sec. 223 RCW 46.16.725 and 2009 c 470 s 710 are each amended to
read as follows:
(1) ((The creation of the board does not in any way preclude the
authority of the legislature to independently propose and enact special
license plate legislation.)) The ((
(2)board)) department must review and either approve or
reject special license plate applications submitted by sponsoring
organizations.
(((3))) (2) Duties of the ((board)) department include but are not
limited to the following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the senate and house
transportation committees;
(b) Report annually to the senate and house transportation
committees on the special license plate applications that were
considered by the ((board)) department;
(c) Issue approval and rejection notification letters to sponsoring
organizations, ((the department,)) the chairs of the senate and house
of representatives transportation committees, and the legislative
sponsors identified in each application. The letters must be issued
within seven days of making a determination on the status of an
application;
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The ((board))
department may submit a recommendation to discontinue a special plate
series to the chairs of the senate and house of representatives
transportation committees((;)).
(e) Provide policy guidance and directions to the department
concerning the adoption of rules necessary to limit the number of
special license plates that an organization or a governmental entity
may apply for
(((4))) (3) Except as provided in chapter 72, Laws of 2008, in
order to assess the effects and impact of the proliferation of special
license plates, the legislature declares a temporary moratorium on the
issuance of any additional plates until July 1, 2011. During this
period of time, ((the special license plate review board created in RCW
46.16.705 and)) the department of licensing ((are)) is prohibited from
accepting, reviewing, processing, or approving any applications.
Additionally, no special license plate may be enacted by the
legislature during the moratorium, unless the proposed license plate
has been approved by the board before February 15, 2005.
Sec. 224 RCW 46.16.745 and 2005 c 210 s 8 are each amended to
read as follows:
(1) A sponsoring organization meeting the requirements of RCW
46.16.735, applying for the creation of a special license plate ((to
the special license plate review board)) must, on an application
supplied by the department, provide the minimum application
requirements in subsection (2) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated with the
creation and implementation of the special license plate in an amount
determined by the department. The department shall place this money
into the special license plate applicant trust account created under
RCW 46.16.755(((4))) (3);
(b) Provide a proposed license plate design;
(c) Provide a marketing strategy outlining short and long-term
marketing plans for each special license plate and a financial analysis
outlining the anticipated revenue and the planned expenditures of the
revenues derived from the sale of the special license plate;
(d) Provide a signature of a legislative sponsor and proposed
legislation creating the special license plate;
(e) Provide proof of organizational qualifications as determined by
the department as provided for in RCW 46.16.735;
(f) Provide signature sheets that include signatures from
individuals who intend to purchase the special license plate and the
number of plates each individual intends to purchase. The sheets must
reflect a minimum of three thousand five hundred intended purchases of
the special license plate.
(3) After an application is approved by the ((special license plate
review board)) department, the application need not be reviewed again
((by the board)) for a period of three years.
Sec. 225 RCW 46.16.755 and 2004 c 222 s 4 are each amended to
read as follows:
(1)(a) Revenues generated from the sale of special license plates
for those sponsoring organizations who used the application process in
RCW 46.16.745(((3))) must be deposited into the motor vehicle account
until the department determines that the state's implementation costs
have been fully reimbursed. The department shall apply the application
fee required under RCW 46.16.745(((3)(a))) towards those costs.
(b) When it is determined that the state has been fully reimbursed
the department must notify the house of representatives and senate
transportation committees, the sponsoring organization, and the
treasurer, and commence the distribution of the revenue as otherwise
provided by law.
(2) If reimbursement does not occur within two years from the date
the plate is first offered for sale to the public, the special license
plate series must be placed in probationary status for a period of one
year from that date. If the state is still not fully reimbursed for
its implementation costs after the one-year probation, the plate series
must be discontinued immediately. Special plates issued before
discontinuation are valid until replaced under RCW 46.16.233.
(3) The special license plate applicant trust account is created in
the custody of the state treasurer. All receipts from special license
plate applicants, except the application fee as provided in RCW
46.16.745(((3))), must be deposited into the account. Only the
director of the department or the director's designee may authorize
disbursements from the account. The account is not subject to the
allotment procedures under chapter 43.88 RCW, nor is an appropriation
required for disbursements.
(4) The department shall provide the special license plate
applicant with a written receipt for the payment.
(5) The department shall maintain a record of each special license
plate applicant trust account deposit, including, but not limited to,
the name and address of each special license plate applicant whose
funds are being deposited, the amount paid, and the date of the
deposit.
(6) After the department receives written notice that the special
license plate applicant's application has been:
(a) Approved by the legislature, the director shall request that
the money be transferred to the motor vehicle account;
(b) Denied by the ((special license plate review board)) department
or the legislature, the director shall provide a refund to the
applicant within thirty days; or
(c) Withdrawn by the special license plate applicant, the director
shall provide a refund to the applicant within thirty days.
Sec. 226 RCW 46.16.775 and 2003 c 196 s 304 are each amended to
read as follows:
(1) A special license plate series created by the legislature after
January 1, ((2004)) 2011, that has not been reviewed and approved by
the ((special license plate review board)) department is subject to the
following requirements:
(a) The organization sponsoring the license plate series shall,
within thirty days of enactment of the legislation creating the plate
series, submit prepayment of all start-up costs associated with the
creation and implementation of the special license plate in an amount
determined by the department. The prepayment will be credited to the
motor vehicle fund. The creation and implementation of the plate
series may not commence until payment is received by the department.
(b) If the sponsoring organization is not able to meet the
prepayment requirements in (a) of this subsection and can demonstrate
this fact to the satisfaction of the department, the revenues generated
from the sale of the special license plates must be deposited in the
motor vehicle account until the department determines that the state's
portion of the implementation costs have been fully reimbursed. When
it is determined that the state has been fully reimbursed the
department must notify the treasurer to commence distribution of the
revenue according to statutory provisions.
(c) The sponsoring organization must provide a proposed license
plate design to the department within thirty days of enactment of the
legislation creating the plate series.
(2) The state must be reimbursed for its portion of the
implementation costs within two years from the date the new plate
series goes on sale to the public. If the reimbursement does not occur
within the two-year time frame, the special license plate series must
be placed in probationary status for a period of one year from that
date. If the state is still not fully reimbursed for its
implementation costs after the one-year probation, the plate series
must be discontinued immediately. Those plates issued before
discontinuation are valid until replaced under RCW 46.16.233.
(3) If the sponsoring organization ceases to exist or the purpose
of the special plate series ceases to exist, revenues generated from
the sale of the special license plates must be deposited into the motor
vehicle account.
(4) A sponsoring organization may not seek to redesign their plate
series until all of the existing inventory is sold or purchased by the
organization itself. All cost for redesign of a plate series must be
paid by the sponsoring organization.
Sec. 227 RCW 46.16.30901 and 2004 c 35 s 1 are each amended to
read as follows:
The department shall issue a special license plate displaying a
symbol, approved by the special license plate review board before June
30, 2010, for professional firefighters and paramedics who are members
of the Washington State Council of Firefighters. Upon initial
application and subsequent renewals, applicants must show proof of
eligibility by providing a certificate of current membership from the
Washington State Council of Firefighters. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon the terms
and conditions established by the department.
Sec. 228 RCW 46.16.30903 and 2004 c 48 s 1 are each amended to
read as follows:
(((1) The legislature recognizes the Helping Kids Speak license
plate has been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with all provisions of RCW
46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol, as approved by the special license plate review board before
June 30, 2010, recognizing an organization that supports programs that
provide no-cost speech pathology programs to children. The special
license plate may be used in lieu of regular or personalized license
plates for vehicles required to display one or two vehicle license
plates, excluding vehicles registered under chapter 46.87 RCW, upon
terms and conditions established by the department. The special plates
will commemorate an organization that supports programs that provide
free diagnostic and therapeutic services to children who have a severe
delay in language or speech development.
(2)
Sec. 229 RCW 46.16.30905 and 2004 c 221 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the law enforcement memorial
license plate has been reviewed by the special license plate review
board as specified in chapter 196, Laws of 2003, and was found to fully
comply with all provisions of chapter 196, Laws of 2003.)) The department shall issue a special license plate displaying
a symbol, as approved by the special license plate review board before
June 30, 2010, honoring law enforcement officers in Washington killed
in the line of duty. The special license plate may be used in lieu of
regular or personalized license plates for vehicles required to display
one or two vehicle license plates, excluding vehicles registered under
chapter 46.87 RCW, upon the terms and conditions established by the
department.
(2)
Sec. 230 RCW 46.16.30907 and 2005 c 42 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Washington's Wildlife
license plate collection, to include three distinct designs including
bear, deer, and elk, has been reviewed by the special license plate
review board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate collection
displaying a symbol or artwork, as approved by the special license
plate review board and the legislature before June 30, 2010,
recognizing Washington's wildlife, that may be used in lieu of regular
or personalized license plates for vehicles required to display one or
two vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 231 RCW 46.16.30909 and 2005 c 44 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Washington state parks
and recreation commission license plate application has been reviewed
by the special license plate review board under RCW 46.16.725 and was
found to fully comply with all provisions of RCW 46.16.715 through
46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing Washington
state parks as premier destinations of uncommon quality that preserve
significant natural, cultural, historical, and recreational resources,
that may be used in lieu of regular or personalized license plates for
vehicles required to display one and two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 232 RCW 46.16.30911 and 2005 c 48 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Washington Lighthouses"
license plate has been reviewed by the special license plate review
board under RCW 46.16.725, and found to fully comply with RCW 46.16.715
through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing an
organization that supports selected Washington state lighthouses and
provides environmental education programs. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 233 RCW 46.16.30913 and 2005 c 53 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Keep Kids Safe" license
plate has been reviewed and approved by the special license plate
review board under RCW 46.16.725, and found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
artwork, as approved by the special license plate review board before
June 30, 2010, recognizing efforts to prevent child abuse and neglect.
The special license plate may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 234 RCW 46.16.30914 and 2005 c 71 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "we love our pets"
license plate has been reviewed by the special license plate review
board under RCW 46.16.725, and found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board before June 30, 2010, recognizing an organization that assists
local member agencies of the federation of animal welfare and control
agencies to promote and perform spay/neuter surgery on Washington state
pets, in order to reduce pet overpopulation. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 235 RCW 46.16.30916 and 2005 c 85 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Gonzaga University alumni
association license plate has been reviewed by the special license
plate review board under RCW 46.16.725, and found to fully comply with
all provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board before June 30, 2010, recognizing the Gonzaga University alumni
association. The special license plate may be used in lieu of regular
or personalized license plates for vehicles required to display one or
two vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 236 RCW 46.16.30918 and 2005 c 177 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Washington's National
Park Fund" license plate has been reviewed by the special license plate
review board under RCW 46.16.725, and found to fully comply with RCW
46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing
Washington's National Park Fund, that may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 237 RCW 46.16.30920 and 2008 c 183 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the armed forces license
plate collection has been reviewed and approved by the special license
plate review board.)) The department shall issue a special license plate
collection, as approved by the special license plate review board and
the legislature before June 30, 2010, recognizing the contribution of
veterans, active duty military personnel, reservists, and members of
the national guard. The collection includes six separate designs, each
containing a symbol representing a different branch of the armed forces
to include army, navy, air force, marine corps, coast guard, and
national guard.
(2)
(((3))) (2) Armed forces special license plates may be used in lieu
of regular or personalized license plates for vehicles required to
display one and two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions
established by the department.
(((4))) (3) Upon request, the department must make available to the
purchaser, at no additional cost, a decal indicating the purchaser's
military status. The department must work with the department of
veterans affairs to establish a list of the decals to be made
available. The list of available decals must include, but is not
limited to, "veteran," "disabled veteran," "reservist," "retiree," or
"active duty." The department may specify where the decal may be
placed on the license plate. Decals are required to be made available
only for standard six-inch by twelve-inch license plates.
(((5))) (4) Armed forces license plates and decals are available
only to veterans as defined in RCW 41.04.007, active duty military
personnel, reservists, members of the national guard, and the families
of veterans and service members. Upon initial application, any
purchaser requesting an armed forces license plate and decal will be
required to show proof of eligibility by providing: A DD-214 or
discharge papers if a veteran; a military identification or retired
military identification card; or a declaration of fact attesting to the
purchaser's eligibility as required under this section. "Family" or
"families" means an individual's spouse, child, parent, sibling, aunt,
uncle, or cousin. A child includes stepchild, adopted child, foster
child, grandchild, and son or daughter-in-law. A parent includes
stepparent, grandparent, and in-laws. A sibling includes brother, half
brother, stepbrother, sister, half sister, stepsister, and brother or
sister-in-law.
(((6))) (5) The department of veterans affairs must enter into an
agreement with the department to reimburse the department for the costs
associated with providing military status decals described in
subsection (((4))) (3) of this section.
(((7))) (6) Armed forces license plates are not available free of
charge to disabled veterans, former prisoners of war, or spouses of
deceased former prisoners of war under the privileges defined in RCW
73.04.110 and 73.04.115.
Sec. 238 RCW 46.16.30922 and 2005 c 220 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Ski & Ride Washington"
license plate has been reviewed and approved by the special license
plate review board under RCW 46.16.725, and found to fully comply with
RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing the
Washington snowsports industry, that may be used in lieu of regular or
personalized license plates for vehicles required to display vehicle
license plates, excluding vehicles registered under chapter 46.87 RCW,
upon terms and conditions established by the department.
(2)
Sec. 239 RCW 46.16.30924 and 2005 c 224 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Wild On Washington
license plate has been reviewed by the special license plate review
board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, referred to as "Wild On
Washington license plates," that may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 240 RCW 46.16.30926 and 2005 c 225 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Endangered Wildlife
license plate has been reviewed by the special license plate review
board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, referred to as
"Endangered Wildlife license plates," that may be used in lieu of
regular or personalized license plates for vehicles required to display
one or two vehicle license plates, excluding vehicles registered under
chapter 46.87 RCW, upon terms and conditions established by the
department.
(2)
Sec. 241 RCW 46.16.30928 and 2005 c 426 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Share the Road" license
plate has been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with RCW 46.16.715 through
46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing an
organization that promotes bicycle safety and awareness education. The
special license plate may be used in lieu of regular or personalized
license plates for vehicles required to display one or two vehicle
license plates, excluding vehicles registered under chapter 46.87 RCW,
upon terms and conditions established by the department. The special
plates will commemorate the life of Cooper Jones.
(2)
Sec. 242 RCW 43.370.020 and 2009 c 343 s 1 are each amended to
read as follows:
(1) The office shall serve as a coordinating body for public and
private efforts to improve quality in health care, promote cost-effectiveness in health care, and plan health facility and health
service availability. In addition, the office shall facilitate access
to health care data collected by public and private organizations as
needed to conduct its planning responsibilities.
(2) The office shall:
(a) Conduct strategic health planning activities related to the
preparation of the strategy, as specified in this chapter;
(b) Develop a computerized system for accessing, analyzing, and
disseminating data relevant to strategic health planning
responsibilities. The office may contract with an organization to
create the computerized system capable of meeting the needs of the
office;
(c) Have access to the information submitted as part of the health
professional licensing application and renewal process, excluding
social security number and background check information, whether the
license is issued by the secretary of the department of health or a
board or commission. The office shall also have access to information
submitted to the department of health as part of the medical or health
facility licensing process. Access to and use of all data shall be in
accordance with state and federal confidentiality laws and ethical
guidelines, and the office shall maintain the same degree of
confidentiality as the department of health. For professional
licensing information provided to the office, the department of health
shall replace any social security number with an alternative identifier
capable of linking all licensing records of an individual; and
(d) Conduct research and analysis or arrange for research and
analysis projects to be conducted by public or private organizations to
further the purposes of the strategy.
(((3) The office shall establish a technical advisory committee to
assist in the development of the strategy. Members of the committee
shall include health economists, health planners, representatives of
government and nongovernment health care purchasers, representatives of
state agencies that use or regulate entities with an interest in health
planning, representatives of acute care facilities, representatives of
long-term care facilities, representatives of community-based long-term
care providers, representatives of health care providers, a
representative of one or more federally recognized Indian tribes, and
representatives of health care consumers. The committee shall include
members with experience in the provision of health services to rural
communities.))
Sec. 243 RCW 43.370.030 and 2007 c 259 s 52 are each amended to
read as follows:
(1) The office((, in consultation with the technical advisory
committee established under RCW 43.370.020,)) shall develop a statewide
health resources strategy. The strategy shall establish statewide
health planning policies and goals related to the availability of
health care facilities and services, quality of care, and cost of care.
The strategy shall identify needs according to geographic regions
suitable for comprehensive health planning as designated by the office.
(2) The development of the strategy shall consider the following
general goals and principles:
(a) That excess capacity of health services and facilities place
considerable economic burden on the public who pay for the construction
and operation of these facilities as patients, health insurance
purchasers, carriers, and taxpayers; and
(b) That the development and ongoing maintenance of current and
accurate health care information and statistics related to cost and
quality of health care, as well as projections of need for health
facilities and services, are essential to effective strategic health
planning.
(3) The strategy, with public input by health service areas, shall
include:
(a) A health system assessment and objectives component that:
(i) Describes state and regional population demographics, health
status indicators, and trends in health status and health care needs;
and
(ii) Identifies key policy objectives for the state health system
related to access to care, health outcomes, quality, and cost-effectiveness;
(b) A health care facilities and services plan that shall assess
the demand for health care facilities and services to inform state
health planning efforts and direct certificate of need determinations,
for those facilities and services subject to certificate of need as
provided in chapter 70.38 RCW. The plan shall include:
(i) An inventory of each geographic region's existing health care
facilities and services;
(ii) Projections of need for each category of health care facility
and service, including those subject to certificate of need;
(iii) Policies to guide the addition of new or expanded health care
facilities and services to promote the use of quality, evidence-based,
cost-effective health care delivery options, including any
recommendations for criteria, standards, and methods relevant to the
certificate of need review process; and
(iv) An assessment of the availability of health care providers,
public health resources, transportation infrastructure, and other
considerations necessary to support the needed health care facilities
and services in each region;
(c) A health care data resource plan that identifies data elements
necessary to properly conduct planning activities and to review
certificate of need applications, including data related to inpatient
and outpatient utilization and outcomes information, and financial and
utilization information related to charity care, quality, and cost.
The plan shall inventory existing data resources, both public and
private, that store and disclose information relevant to the health
planning process, including information necessary to conduct
certificate of need activities pursuant to chapter 70.38 RCW. The plan
shall identify any deficiencies in the inventory of existing data
resources and the data necessary to conduct comprehensive health
planning activities. The plan may recommend that the office be
authorized to access existing data sources and conduct appropriate
analyses of such data or that other agencies expand their data
collection activities as statutory authority permits. The plan may
identify any computing infrastructure deficiencies that impede the
proper storage, transmission, and analysis of health planning data.
The plan shall provide recommendations for increasing the availability
of data related to health planning to provide greater community
involvement in the health planning process and consistency in data used
for certificate of need applications and determinations;
(d) An assessment of emerging trends in health care delivery and
technology as they relate to access to health care facilities and
services, quality of care, and costs of care. The assessment shall
recommend any changes to the scope of health care facilities and
services covered by the certificate of need program that may be
warranted by these emerging trends. In addition, the assessment may
recommend any changes to criteria used by the department to review
certificate of need applications, as necessary;
(e) A rural health resource plan to assess the availability of
health resources in rural areas of the state, assess the unmet needs of
these communities, and evaluate how federal and state reimbursement
policies can be modified, if necessary, to more efficiently and
effectively meet the health care needs of rural communities. The plan
shall consider the unique health care needs of rural communities, the
adequacy of the rural health workforce, and transportation needs for
accessing appropriate care.
(4) The office shall submit the initial strategy to the governor
and the appropriate committees of the senate and house of
representatives by January 1, 2010. Every two years the office shall
submit an updated strategy. The health care facilities and services
plan as it pertains to a distinct geographic planning region may be
updated by individual categories on a rotating, biannual schedule.
(5) The office shall hold at least one public hearing and allow
opportunity to submit written comments prior to the issuance of the
initial strategy or an updated strategy. A public hearing shall be
held prior to issuing a draft of an updated health care facilities and
services plan, and another public hearing shall be held before final
adoption of an updated health care facilities and services plan. Any
hearing related to updating a health care facilities and services plan
for a specific planning region shall be held in that region with
sufficient notice to the public and an opportunity to comment.
NEW SECTION. Sec. 244 RCW 46.01.320 (Title and registration
advisory committee) and 2005 c 319 s 115, 1996 c 315 s 2, & 1992 c 216
s 3 are each repealed.
Sec. 245 RCW 46.01.325 and 2005 c 319 s 116 are each amended to
read as follows:
(1) The director shall prepare((, with the advice of the title and
registration advisory committee,)) an annual comprehensive analysis and
evaluation of agent and subagent fees. The director shall make
recommendations for agent and subagent fee revisions ((approved by the
title and registration advisory committee)) to the senate and house
transportation committees by January 1st of every third year starting
with 1996. Fee revision recommendations may be made more frequently
when justified by the annual analysis and evaluation((, and requested
by the title and registration advisory committee)).
(2) The annual comprehensive analysis and evaluation must consider,
but is not limited to:
(a) Unique and significant financial, legislative, or other
relevant developments that may impact fees;
(b) Current funding for ongoing operating and maintenance
automation project costs affecting revenue collection and service
delivery;
(c) Future system requirements including an appropriate sharing of
costs between the department, agents, and subagents;
(d) Beneficial mix of customer service delivery options based on a
fee structure commensurate with quality performance standards;
(e) Appropriate indices projecting state and national growth in
business and economic conditions prepared by the United States
department of commerce, the department of revenue, and the revenue
forecast council for the state of Washington.
Sec. 246 RCW 46.01.140 and 2005 c 343 s 1 are each amended to
read as follows:
(1) The county auditor, if appointed by the director of licensing
shall carry out the provisions of this title relating to the licensing
of vehicles and the issuance of vehicle license number plates under the
direction and supervision of the director and may with the approval of
the director appoint assistants as special deputies and recommend
subagents to accept applications and collect fees for vehicle licenses
and transfers and to deliver vehicle license number plates.
(2) A county auditor appointed by the director may request that the
director appoint subagencies within the county.
(a) Upon authorization of the director, the auditor shall use an
open competitive process including, but not limited to, a written
business proposal and oral interview to determine the qualifications of
all interested applicants.
(b) A subagent may recommend a successor who is either the
subagent's sibling, spouse, or child, or a subagency employee, as long
as the recommended successor participates in the open, competitive
process used to select an applicant. In making successor
recommendation and appointment determinations, the following provisions
apply:
(i) If a subagency is held by a partnership or corporate entity,
the nomination must be submitted on behalf of, and agreed to by, all
partners or corporate officers.
(ii) No subagent may receive any direct or indirect compensation or
remuneration from any party or entity in recognition of a successor
nomination. A subagent may not receive any financial benefit from the
transfer or termination of an appointment.
(iii) (a) and (b) of this subsection are intended to assist in the
efficient transfer of appointments in order to minimize public
inconvenience. They do not create a proprietary or property interest
in the appointment.
(c) The auditor shall submit all proposals to the director, and
shall recommend the appointment of one or more subagents who have
applied through the open competitive process. The auditor shall
include in his or her recommendation to the director, not only the name
of the successor who is a relative or employee, if applicable and if
otherwise qualified, but also the name of one other applicant who is
qualified and was chosen through the open competitive process. The
director has final appointment authority.
(3)(a) A county auditor who is appointed as an agent by the
department shall enter into a standard contract provided by the
director((, developed with the advice of the title and registration
advisory committee)).
(b) A subagent appointed under subsection (2) of this section shall
enter into a standard contract with the county auditor((, developed
with the advice of the title and registration advisory committee)).
The director shall provide the standard contract to county auditors.
(c) The contracts provided for in (a) and (b) of this subsection
must contain at a minimum provisions that:
(i) Describe the responsibilities, and where applicable, the
liability, of each party relating to the service expectations and
levels, equipment to be supplied by the department, and equipment
maintenance;
(ii) Require the specific type of insurance or bonds so that the
state is protected against any loss of collected motor vehicle tax
revenues or loss of equipment;
(iii) Specify the amount of training that will be provided by the
state, the county auditor, or subagents;
(iv) Describe allowable costs that may be charged to vehicle
licensing activities as provided for in (d) of this subsection;
(v) Describe the causes and procedures for termination of the
contract, which may include mediation and binding arbitration.
(d) The department shall develop procedures that will standardize
and prescribe allowable costs that may be assigned to vehicle licensing
and vessel registration and title activities performed by county
auditors.
(e) The contracts may include any provision that the director deems
necessary to ensure acceptable service and the full collection of
vehicle and vessel tax revenues.
(f) The director may waive any provisions of the contract deemed
necessary in order to ensure that readily accessible service is
provided to the citizens of the state.
(4)(a) At any time any application is made to the director, the
county auditor, or other agent pursuant to any law dealing with
licenses, registration, or the right to operate any vehicle or vessel
upon the public highways or waters of this state, excluding applicants
already paying such fee under RCW 46.16.070 or 46.16.085, the applicant
shall pay to the director, county auditor, or other agent a fee of
three dollars for each application in addition to any other fees
required by law.
(b) Counties that do not cover the expenses of vehicle licensing
and vessel registration and title activities may submit to the
department a request for cost-coverage moneys. The request must be
submitted on a form developed by the department. The department shall
develop procedures to verify whether a request is reasonable. Payment
shall be made on requests found to be allowable from the licensing
services account.
(c) Applicants for certificates of ownership, including applicants
paying fees under RCW 46.16.070 or 46.16.085, shall pay to the
director, county auditor, or other agent a fee of four dollars in
addition to any other fees required by law.
(d) The fees under (a) and (c) of this subsection, if paid to the
county auditor as agent of the director, or if paid to a subagent of
the county auditor, shall be paid to the county treasurer in the same
manner as other fees collected by the county auditor and credited to
the county current expense fund. If the fee is paid to another agent
of the director, the fee shall be used by the agent to defray his or
her expenses in handling the application.
(e) Applicants required to pay the three-dollar fee established
under (a) of this subsection, must pay an additional seventy-five
cents, which must be collected and remitted to the state treasurer and
distributed as follows:
(i) Fifty cents must be deposited into the department of licensing
services account of the motor vehicle fund and must be used for agent
and subagent support, which is to include but not be limited to the
replacement of department-owned equipment in the possession of agents
and subagents.
(ii) Twenty-five cents must be deposited into the license plate
technology account created under RCW 46.16.685.
(5) A subagent shall collect a service fee of (a) ten dollars for
changes in a certificate of ownership, with or without registration
renewal, or verification of record and preparation of an affidavit of
lost title other than at the time of the title application or transfer
and (b) four dollars for registration renewal only, issuing a transit
permit, or any other service under this section.
(6) If the fee is collected by the state patrol as agent for the
director, the fee so collected shall be certified to the state
treasurer and deposited to the credit of the state patrol highway
account. If the fee is collected by the department of transportation
as agent for the director, the fee shall be certified to the state
treasurer and deposited to the credit of the motor vehicle fund. All
such fees collected by the director or branches of his office shall be
certified to the state treasurer and deposited to the credit of the
highway safety fund.
(7) Any county revenues that exceed the cost of providing vehicle
licensing and vessel registration and title activities in a county,
calculated in accordance with the procedures in subsection (3)(d) of
this section, shall be expended as determined by the county legislative
authority during the process established by law for adoption of county
budgets.
(8) The director may adopt rules to implement this section.
Sec. 247 RCW 43.60A.170 and 2006 c 343 s 5 are each amended to
read as follows:
(1) The competitive grant program is created to fund innovative
initiatives to provide crisis and emergency relief, education,
training, and employment assistance to veterans and their families in
their communities.
(((1) The veterans innovations program board is created to exercise
the powers granted under RCW 43.60A.160 through 43.60A.185 related to
the competitive grant program.))
(a) The board consists of seven citizens of the state, appointed by
the governor, with recognized experience in serving veterans and their
families in the community regarding transition and readjustment issues;
education, training, and employment needs; and other needs experienced
by veterans and their families stemming from service to their country.
(b) The members of the board select the chair.
(c) The department shall provide staff support to the board.
(d) Members of the board receive no compensation but shall be
reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
(2) The ((board)) department shall:
(a) Establish a competitive process to solicit proposals for and
prioritize project applications for potential funding. The purpose of
the proposals shall be in three categories:
(i) Crisis and emergency relief;
(ii) Education, training, and employment assistance; and
(iii) Community outreach and resources; and
(b) Report on January 1, 2007, to the appropriate standing
committees of the legislature and to the joint committee on veterans
and military affairs on the implementation of chapter 343, Laws of
2006. The report must include, but is not limited to, information on
the number of applications for assistance, the grant amount awarded
each project, a description of each project, and performance measures
of the program.
Sec. 248 RCW 43.131.406 and 2006 c 343 s 11 are each amended to
read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2017:
(1) 2006 c 343 § 1 (uncodified);
(2) RCW 43.60A.160 and 2006 c 343 § 3;
(3) RCW 43.60A.165 and 2006 c 343 § 4;
(4) RCW 43.60A.170 and section 247 of this act & 2006 c 343 § 5;
(5) RCW 43.60A.175 and 2006 c 343 § 6;
(6) RCW 43.60A.180 and 2006 c 343 § 7; and
(7) RCW 43.60A.185 and 2006 c 343 § 8.
Sec. 249 RCW 43.60A.010 and 2006 c 343 s 2 are each amended to
read as follows:
As used in this chapter the following words and phrases shall have
the following meanings unless the context clearly requires otherwise:
(1) "Department" means the department of veterans affairs.
(2) "Director" means the director of the department of veterans
affairs.
(3) "Committee" means the veterans affairs advisory committee.
(((4) "Board" means the veterans innovations program board.))
NEW SECTION. Sec. 250 RCW 43.60A.180 (Conflicts of interest) and
2006 c 343 s 7 are each repealed.
NEW SECTION. Sec. 251 The following acts or parts of acts are
each repealed:
(1) RCW 46.38.010 (Compact enacted -- Provisions) and 1963 c 204 s 1;
(2) RCW 46.38.020 (Legislative findings) and 1987 c 330 s 735 &
1963 c 204 s 2;
(3) RCW 46.38.030 (Effective date of rules, etc. of vehicle safety
equipment commission) and 1987 c 330 s 736, 1967 ex.s. c 145 s 57, &
1963 c 204 s 3;
(4) RCW 46.38.040 (Appointment of commissioner and alternate
commissioner) and 1987 c 330 s 737 & 1963 c 204 s 4;
(5) RCW 46.38.050 (Cooperation of state agencies with vehicle
equipment safety commission) and 1963 c 204 s 5;
(6) RCW 46.38.060 (State officers for the filing of documents and
receipt of notices) and 1987 c 330 s 738 & 1963 c 204 s 6;
(7) RCW 46.38.070 (Vehicle equipment safety commission to submit
budgets to director of financial management) and 1979 c 151 s 160 &
1963 c 204 s 7;
(8) RCW 46.38.080 (State auditor to inspect accounts of vehicle
equipment safety commission) and 1963 c 204 s 8; and
(9) RCW 46.38.090 (Withdrawal from compact, "executive head"
defined) and 1963 c 204 s 9.
NEW SECTION. Sec. 252 RCW 70.119A.160 (Water supply advisory
committee) and 1998 c 245 s 112 & 1995 c 376 s 4 are each repealed.
Sec. 253 RCW 70.119A.180 and 2003 1st sp.s. c 5 s 7 are each
amended to read as follows:
(1) It is the intent of the legislature that the department
establish water use efficiency requirements designed to ensure
efficient use of water while maintaining water system financial
viability, improving affordability of supplies, and enhancing system
reliability.
(2) The requirements of this section shall apply to all municipal
water suppliers and shall be tailored to be appropriate to system size,
forecasted system demand, and system supply characteristics.
(3) For the purposes of this section:
(a) Water use efficiency includes conservation planning
requirements, water distribution system leakage standards, and water
conservation performance reporting requirements; and
(b) "Municipal water supplier" and "municipal water supply
purposes" have the meanings provided by RCW 90.03.015.
(4) To accomplish the purposes of this section, the department
shall adopt rules necessary to implement this section by December 31,
2005. The department shall:
(a) Develop conservation planning requirements that ensure
municipal water suppliers are: (i) Implementing programs to integrate
conservation with water system operation and management; and (ii)
identifying how to appropriately fund and implement conservation
activities. Requirements shall apply to the conservation element of
water system plans and small water system management programs developed
pursuant to chapter 43.20 RCW. In establishing the conservation
planning requirements the department shall review the current
department conservation planning guidelines and include those elements
that are appropriate for rule. Conservation planning requirements
shall include but not be limited to:
(A) Selection of cost-effective measures to achieve a system's
water conservation objectives. Requirements shall allow the municipal
water supplier to select and schedule implementation of the best
methods for achieving its conservation objectives;
(B) Evaluation of the feasibility of adopting and implementing
water delivery rate structures that encourage water conservation;
(C) Evaluation of each system's water distribution system leakage
and, if necessary, identification of steps necessary for achieving
water distribution system leakage standards developed under (b) of this
subsection;
(D) Collection and reporting of water consumption and source
production and/or water purchase data. Data collection and reporting
requirements shall be sufficient to identify water use patterns among
utility customer classes, where applicable, and evaluate the
effectiveness of each system's conservation program. Requirements,
including reporting frequency, shall be appropriate to system size and
complexity. Reports shall be available to the public; and
(E) Establishment of minimum requirements for water demand forecast
methodologies such that demand forecasts prepared by municipal water
suppliers are sufficient for use in determining reasonably anticipated
future water needs;
(b) Develop water distribution system leakage standards to ensure
that municipal water suppliers are taking appropriate steps to reduce
water system leakage rates or are maintaining their water distribution
systems in a condition that results in leakage rates in compliance with
the standards. Limits shall be developed in terms of percentage of
total water produced and/or purchased and shall not be lower than ten
percent. The department may consider alternatives to the percentage of
total water supplied where alternatives provide a better evaluation of
the water system's leakage performance. The department shall institute
a graduated system of requirements based on levels of water system
leakage. A municipal water supplier shall select one or more control
methods appropriate for addressing leakage in its water system;
(c) Establish minimum requirements for water conservation
performance reporting to assure that municipal water suppliers are
regularly evaluating and reporting their water conservation
performance. The objective of setting conservation goals is to enhance
the efficient use of water by the water system customers. Performance
reporting shall include:
(i) Requirements that municipal water suppliers adopt and achieve
water conservation goals. The elected governing board or governing
body of the water system shall set water conservation goals for the
system. In setting water conservation goals the water supplier may
consider historic conservation performance and conservation investment,
customer base demographics, regional climate variations, forecasted
demand and system supply characteristics, system financial viability,
system reliability, and affordability of water rates. Conservation
goals shall be established by the municipal water supplier in an open
public forum;
(ii) Requirements that the municipal water supplier adopt schedules
for implementing conservation program elements and achieving
conservation goals to ensure that progress is being made toward adopted
conservation goals;
(iii) A reporting system for regular reviews of conservation
performance against adopted goals. Performance reports shall be
available to customers and the public. Requirements, including
reporting frequency, shall be appropriate to system size and
complexity;
(iv) Requirements that any system not meeting its water
conservation goals shall develop a plan for modifying its conservation
program to achieve its goals along with procedures for reporting
performance to the department;
(v) If a municipal water supplier determines that further
reductions in consumption are not reasonably achievable, it shall
identify how current consumption levels will be maintained;
(d) Adopt rules that, to the maximum extent practical, utilize
existing mechanisms and simplified procedures in order to minimize the
cost and complexity of implementation and to avoid placing unreasonable
financial burden on smaller municipal systems.
(5) ((The department shall establish an advisory committee to
assist the department in developing rules for water use efficiency.
The advisory committee shall include representatives from public water
system customers, environmental interest groups, business interest
groups, a representative cross-section of municipal water suppliers, a
water utility conservation professional, tribal governments, the
department of ecology, and any other members determined necessary by
the department. The department may use the water supply advisory
committee created pursuant to RCW 70.119A.160 augmented with additional
participants as necessary to comply with this subsection to assist the
department in developing rules.)) The department shall provide technical assistance upon
request to municipal water suppliers and local governments regarding
water conservation, which may include development of best management
practices for water conservation programs, conservation landscape
ordinances, conservation rate structures for public water systems, and
general public education programs on water conservation.
(6)
(((7))) (6) To ensure compliance with this section, the department
shall establish a compliance process that incorporates a graduated
approach employing the full range of compliance mechanisms available to
the department.
(((8))) (7) Prior to completion of rule making required in
subsection (4) of this section, municipal water suppliers shall
continue to meet the existing conservation requirements of the
department and shall continue to implement their current water
conservation programs.
Sec. 254 RCW 90.86.030 and 2005 c 60 s 3 are each amended to read
as follows:
(1) The joint legislative committee on water supply during drought
shall convene from time to time at the call of the chair when a drought
conditions order under RCW 43.83B.405 is in effect, or when the chair
determines, in consultation with the department of ecology, that it is
likely that such an order will be issued within the next year.
(2) The committee may request and review information relating to
water supply conditions in the state, and economic, environmental, and
other impacts relating to decreased water supply being experienced or
anticipated. The governor's executive water emergency committee, the
department of ecology, ((the water supply advisory committee,)) and
other state agencies with water management or related responsibilities
shall cooperate in responding to requests from the committee.
(3) During drought conditions in which an order issued under RCW
43.83B.405 is in effect, the department of ecology shall provide to the
committee no less than monthly a report describing drought response
activities of the department and other state and federal agencies
participating on the water supply availability committee. The report
shall include information regarding applications for, and approvals and
denials of emergency water withdrawals and temporary changes or
transfers of, water rights under RCW 43.83B.410.
(4) The committee from time to time shall make recommendations to
the senate and house of representatives on budgetary and legislative
actions that will improve the state's drought response programs and
planning.
NEW SECTION. Sec. 255 RCW 18.104.190 (Technical advisory group)
and 2005 c 84 s 8 & 1993 c 387 s 25 are each repealed.
Sec. 256 RCW 18.104.040 and 1993 c 387 s 4 are each amended to
read as follows:
The department shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant to the
provisions of this chapter;
(2) At all reasonable times, to enter upon lands for the purpose of
inspecting, taking measurements from, or tagging any well, constructed
or being constructed;
(3) To call upon or receive professional or technical advice from
the department of health((, the technical advisory group created in RCW
18.104.190,)) or any other public agency or person;
(4) To adopt rules, in consultation with the department of health
((and the technical advisory group created in RCW 18.104.190, governing
licensing and well construction)), as may be appropriate to carry out
the purposes of this chapter. The rules adopted by the department may
include, but are not limited to:
(a) Standards for the construction and maintenance of wells and
their casings;
(b) Methods of capping, sealing, and decommissioning wells to
prevent contamination of groundwater resources and to protect public
health and safety;
(c) Methods of artificial recharge of groundwater bodies and of
construction of wells which insure separation of individual water
bearing formations;
(d) The manner of conducting and the content of examinations
required to be taken by applicants for license hereunder;
(e) Requirements for the filing of notices of intent, well reports,
and the payment of fees;
(f) Reporting requirements of well contractors;
(g) Limitations on well construction in areas identified by the
department as requiring intensive control of withdrawals in the
interests of sound management of the groundwater resource;
(5) To require the operator in the construction of a well and the
property owner in the maintenance of a well to guard against waste and
contamination of the groundwater resources;
(6) To require the operator to place a well identification tag on
a new well and on an existing well on which work is performed after the
effective date of rules requiring well identification tags and to place
or require the owner to place a well identification tag on an existing
well;
(7) To require the well owner to repair or decommission any well:
(a) That is abandoned, unusable, or not intended for future use; or
(b) That is an environmental, safety, or public health hazard.
Sec. 257 RCW 18.104.043 and 2005 c 84 s 2 are each amended to
read as follows:
(1) If requested in writing by the governing body of a local health
district or county, the department by memorandum of agreement may
delegate to the governing body the authority to administer and enforce
the well tagging, sealing, and decommissioning portions of the water
well construction program.
(2) The department shall determine whether a local health district
or county that seeks delegation under this section has the resources,
capability, and expertise, including qualified field inspectors, to
administer the delegated program. If the department determines the
local government has these resources, it shall notify well contractors
and operators of the proposal. The department shall accept written
comments on the proposal for sixty days after the notice is mailed.
(3) If the department determines that a delegation of authority to
a local health district or county to administer and enforce the well
sealing and decommissioning portions of the water well construction
program will enhance the public health and safety and the environment,
the department and the local governing body may enter into a memorandum
of agreement setting forth the specific authorities delegated by the
department to the local governing body. The memorandum of agreement
must be, at a minimum, reviewed annually. The department((, in
consultation with the technical advisory group, created under RCW
18.104.190,)) shall adopt rules outlining the annual review and
reporting process. A detailed summary of the review must be made
available to well contractors and operators upon request and be
published on the department's web site.
(4) With regard to the portions of the water well construction
program delegated under this section, the local governing agency shall
exercise only the authority delegated to it under this section. If,
after a public hearing, the department determines that a local
governing body is not administering the program in accordance with this
chapter, it shall notify the local governing body of the deficiencies.
If corrective action is not taken within a reasonable time, not to
exceed sixty days, the department by order shall withdraw the
delegation of authority.
(5) The department shall promptly furnish the local governing body
with a copy of each water well report and notification of start cards
received in the area covered by a delegated program.
(6) The department and the local governing body shall coordinate to
reduce duplication of effort and shall share all appropriate
information including technical reports, violations, and well reports.
(7) Any person aggrieved by a decision of a local health district
or county under a delegated program may appeal the decision to the
department. The department's decision is subject to review by the
pollution control hearings board as provided in RCW 43.21B.110.
(8) The department shall not delegate the authority to license well
contractors, renew licenses, receive notices of intent to commence
constructing a well, receive well reports, or collect state fees
provided for in this chapter.
Sec. 258 RCW 18.104.049 and 1993 c 387 s 7 are each amended to
read as follows:
The department by rule shall adopt procedures to permit a well
operator to modify construction standards to meet unforeseen
circumstances encountered during the construction of a well. ((The
procedures shall be developed in consultation with the technical
advisory group established in RCW 18.104.190.))
Sec. 259 RCW 18.104.100 and 2005 c 84 s 5 are each amended to
read as follows:
(1) Licenses issued pursuant to this chapter shall be renewed every
two years. A license shall be renewed upon payment of a renewal fee
and completion of continuing education requirements and receipt of a
completed license renewal application. If a licensee fails to submit
an application for renewal, the renewal fee, and proof of completion of
the required continuing education, the license shall be suspended at
the end of its effective term. The licensee is not allowed to perform
work authorized by their license during the time that it is suspended.
The licensee is allowed thirty days to submit an application for
renewal, the renewal fee, and proof of completion of the required
continuing education for the renewal period. Continuing education
obtained during the thirty-day suspension period may be applied only to
the next renewal period. If a licensee fails to submit an application
for renewal, the renewal fee, and proof of completion of the required
continuing education by the end of the thirty-day suspension period,
the license expires. The department shall adopt rules((, in
consultation with the technical advisory group created under RCW
18.104.190,)) that allow for an extension of the thirty-day suspension
period for certain situations that are beyond the control of the
licensee. The rules must also allow for a retirement or inactive
license.
(2) A person whose license has expired must apply for a new license
as provided in this chapter. The department may waive the requirement
for a written examination and on-site testing for a person whose
license has expired.
(3) The department may refuse to renew a license if the licensee
has not complied with an order issued by the department or has not paid
a penalty imposed in accordance with this chapter, unless the order or
penalty is under appeal.
(4) The department may issue a conditional license to enable a
former licensee to comply with an order to correct problems with a
well.
Sec. 260 RCW 18.104.200 and 2005 c 84 s 6 are each amended to
read as follows:
(1) A person seeking a new license or to renew an existing license
under this chapter must demonstrate a willingness to maintain a high
level of professional competency by completing continuing education
programs as required by the department by rule. The department shall
not approve any continuing education program unless: (a) It is offered
by an approved provider; (b) it is open to all persons licensed or
pursuing a license under this chapter; and (c) the fees charged are
reasonable for all persons desiring to attend the program.
(2) The department((, in consultation with the technical advisory
group created in RCW 18.104.190,)) shall adopt rules governing
continuing education programs. At a minimum, the rules must establish:
A method of approving providers of continuing education; a criteria to
evaluate the offerings, workshops, courses, classes, or programs; a
criteria for assigning credits; and a criteria for reporting and
verifying completion.
(3) The department shall support approved providers by providing,
upon request and at the department's discretion, technical assistance
and presenters for continuing education offerings.
(4) The department shall maintain a current list of all continuing
education offerings by approved providers and ensure that the list is
available to all licensees by request. The list must also be posted on
the department's web site.
NEW SECTION. Sec. 261 The following acts or parts of acts are
each repealed:
(1) RCW 46.39.010 (Compact enacted -- Provisions) and 1977 ex.s. c 88
s 1; and
(2) RCW 46.39.020 (Designation of Washington state commissioners)
and 1984 c 7 s 51 & 1977 ex.s. c 88 s 2.
NEW SECTION. Sec. 262 The following acts or parts of acts are
each repealed:
(1) RCW 27.34.360 (Women's history consortium -- Created -- Washington
state historical society as managing agency) and 2005 c 391 s 2;
(2) RCW 27.34.365 (Women's history consortium -- Board of advisors)
and 2005 c 391 s 3;
(3) RCW 27.34.370 (Women's history consortium -- Responsibilities of
board of advisors) and 2005 c 391 s 4;
(4) RCW 27.34.375 (Women's history consortium -- Responsibilities)
and 2005 c 391 s 5; and
(5) RCW 27.34.380 (Women's history consortium -- Report to the
legislature) and 2005 c 391 s 6.
Sec. 263 RCW 28C.04.390 and 1999 c 121 s 1 are each amended to
read as follows:
(1) The college board worker retraining program funds shall be
used for training programs and related support services, including
financial aid, counseling, referral to training resources, job
referral, and job development that:
(a) Are consistent with the unified plan for workforce development;
(b) Provide increased enrollments for dislocated workers;
(c) Provide customized training opportunities for dislocated
workers; and
(d) Provide increased enrollments and support services, including
financial aid for those students not receiving unemployment insurance
benefits, that do not replace or supplant any existing enrollments,
programs, support services, or funding sources.
(2) The college board shall develop a plan for use of the worker
retraining program funds ((in conjunction with the workforce training
customer advisory committee established in subsection (3) of this
section)). In developing the plan the college board shall:
(a) Provide that applicants for worker retraining program funds
shall solicit financial support for training programs and give priority
in receipt of funds to those applicants which are most successful in
matching public dollars with financial support;
(b) Provide that applicants for worker retraining program funds
shall develop training programs in partnership with local businesses,
industry associations, labor, and other partners as appropriate and
give priority in receipt of funds to those applicants who develop
customized training programs in partnership with local businesses,
industry associations, and labor organizations;
(c) Give priority in receipt of funds to those applicants serving
rural areas;
(d) Ensure that applicants receiving worker retraining program
funds gather information from local workforce development councils on
employer workforce needs, including the needs of businesses with less
than twenty-five employees; and
(e) Provide for specialized vocational training at a private career
school or college at the request of a recipient eligible under
subsection (1)(b) of this section. Available tuition for the training
is limited to the amount that would otherwise be payable per enrolled
quarter to a public institution.
(((3) The executive director of the college board shall appoint a
workforce training customer advisory committee by July 1, 1999, to:))
(a) Assist in the development of the plan for the use of the
college board worker retraining program funds and recommend guidelines
to the college board for the operation of worker retraining programs;
(b) Recommend selection criteria for worker retraining programs and
grant applicants for receipt of worker retraining program grants;
(c) Provide advice to the college board on other workforce
development activities of the community and technical colleges;
(d) Recommend selection criteria for job skills grants, consistent
with criteria established in this chapter and chapter 121, Laws of
1999. Such criteria shall include a prioritization of job skills
applicants in rural areas;
(e) Recommend guidelines to the college board for the operation of
the job skills program; and
(f) Recommend grant applicants for receipt of job skills program
grants.
(4) Members of the workforce training customer advisory committee
shall consist of three college system representatives selected by the
executive director of the college board, three representatives of
business selected from nominations provided by statewide business
organizations, and three representatives of labor selected from
nominations provided by a statewide labor organization representing a
cross-section of workers in the state.
Sec. 264 RCW 28C.04.420 and 2009 c 554 s 2 are each amended to
read as follows:
The college board may, subject to appropriation from the
legislature or from funds made available from any other public or
private source and pursuant to rules adopted by the college board
((with the advice of the workforce training customer advisory committee
established in RCW 28C.04.390)), provide job skills grants to
educational institutions. The job skills grants shall be used
exclusively for programs which are consistent with the job skills
program. The college board shall work ((in collaboration with the
workforce training customer advisory committee established in RCW
28C.04.390)) to assure that:
(1) The program is within the scope of the job skills program under
this chapter and may reasonably be expected to succeed and thereby
increase employment within the state;
(2) Provision has been made to use any available alternative
funding from local, state, and federal sources;
(3) The job skills grant will only be used to cover the costs
associated with the program;
(4) The program will not unnecessarily duplicate existing programs
and could not be provided by another educational institution more
effectively or efficiently;
(5) The program involves an area of skills training and education
for which there is a demonstrable need;
(6) The applicant has made provisions for the use of existing
federal and state resources for student financial assistance;
(7) The job skills grant is essential to the success of the program
as the resources of the applicant are inadequate to attract the
technical assistance and financial support necessary for the program
from business and industry;
(8) The program represents a collaborative partnership between
business, industry, labor, educational institutions, and other
partners, as appropriate;
(9) The commitment of financial support from business and industry
shall be equal to or greater than the amount of the requested job
skills grant;
(10) The job skills program gives priority to applications:
(a) Proposing training that leads to transferable skills that are
interchangeable among different jobs, employers, or workplaces;
(b) From firms in strategic industry clusters as identified by the
state or local areas;
(c) Proposing coordination with other cluster-based programs or
initiatives including, but not limited to, industry skill panels,
centers of excellence, innovation partnership zones, state-supported
cluster growth grants, and local cluster-based economic development
initiatives;
(d) Proposing industry-based credentialing; and
(e) Proposing increased capacity for educational institutions that
can be made available to industry and students beyond the grant
recipients;
(11) Binding commitments have been made to the college board by the
applicant for adequate reporting of information and data regarding the
program to the college board, particularly information concerning the
recruitment and employment of trainees and students, and including a
requirement for an annual or other periodic audit of the books of the
applicant directly related to the program, and for such control on the
part of the college board as it considers prudent over the management
of the program, so as to protect the use of public funds, including, in
the discretion of the commission and without limitation, right of
access to financial and other records of the applicant directly related
to the programs; and
(12) A provision has been made by the applicant to work, in
cooperation with the employment security department, to identify and
screen potential trainees, and that provision has been made by the
applicant for the participation as trainees of low-income persons
including temporary assistance for needy families recipients,
dislocated workers, and persons from minority and economically
disadvantaged groups to participate in the program.
Beginning October 1, 1999, and every two years thereafter, the
college board shall provide the legislature and the governor with a
report describing the activities and outcomes of the state job skills
program.
Sec. 265 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;)) Financial ((
(g)literacy)) education public-private partnership,
RCW 28A.300.450;
(((h))) (g) Joint administrative rules review committee, RCW
34.05.610;
(((i) Capital projects advisory review board, RCW 39.10.220;)) (h) Select committee on pension policy, RCW 41.04.276;
(j)
(((k))) (i) Legislative ethics board, RCW 42.52.310;
(((l))) (j) Washington citizens' commission on salaries, RCW
43.03.305;
(((m))) (k) Legislative oral history committee, RCW 44.04.325;
(((n))) (l) State council on aging, RCW 43.20A.685;
(((o))) (m) State investment board, RCW 43.33A.020;
(((p) Capitol campus design advisory committee, RCW 43.34.080;)) (n) Washington state arts commission, RCW 43.46.015;
(q)
(((r))) (o) Information services board, RCW 43.105.032;
(((s) K-20 educational network board, RCW 43.105.800;)) (p) Municipal research council, RCW 43.110.010;
(t)
(((u) Council for children and families, RCW 43.121.020;)) (q) PNWER-Net working subgroup under chapter 43.147 RCW;
(v)
(((w))) (r) Community economic revitalization board, RCW
43.160.030;
(((x))) (s) Washington economic development finance authority, RCW
43.163.020;
(((y))) (t) Life sciences discovery fund authority, RCW 43.350.020;
(((z))) (u) Legislative children's oversight committee, RCW
44.04.220;
(((aa))) (v) Joint legislative audit and review committee, RCW
44.28.010;
(((bb))) (w) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((cc))) (x) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((dd))) (y) Agency council on coordinated transportation, RCW
47.06B.020;
(((ee))) (z) Manufactured housing task force, RCW 59.22.090;
(((ff))) (aa) Washington horse racing commission, RCW 67.16.014;
(((gg))) (bb) Correctional industries board of directors, RCW
72.09.080;
(((hh))) (cc) Joint committee on veterans' and military affairs,
RCW 73.04.150;
(((ii))) (dd) Joint legislative committee on water supply during
drought, RCW 90.86.020;
(((jj))) (ee) Statute law committee, RCW 1.08.001; and
(((kk))) (ff) Joint legislative oversight committee on trade
policy, RCW 44.55.020.
NEW SECTION. Sec. 266 (1) All documents and papers, equipment,
or other tangible property in the possession of the terminated entity
shall be delivered to the custody of the entity assuming the
responsibilities of the terminated entity or if such responsibilities
have been eliminated, documents and papers shall be delivered to the
state archivist and equipment or other tangible property to the
department of general administration.
(2) All funds held by, or other moneys due to, the terminated
entity shall revert to the fund from which they were appropriated, or
if that fund is abolished to the general fund.
(3) All contractual rights and duties of an entity shall be
assigned or delegated to the entity assuming the responsibilities of
the terminated entity, or if there is none to such entity as the
governor shall direct.
(4) All rules and all pending business before any terminated entity
shall be continued and acted upon by the entity assuming the
responsibilities of the terminated entity.
NEW SECTION. Sec. 267 The following sections are recodified as
new sections in chapter 43.215 RCW:
RCW 43.121.170
RCW 43.121.175
RCW 43.121.180
NEW SECTION. Sec. 268 Section 42 of this act expires October 1,
2010.
NEW SECTION. Sec. 269 Section 43 of this act takes effect
October 1, 2010.
NEW SECTION. Sec. 270 Sections 116 through 125 of this act take
effect June 30, 2013.
NEW SECTION. Sec. 271 Sections 251 and 261 of this act take
effect June 30, 2011.
NEW SECTION. Sec. 272 Sections 1 through 41, 44 through 115, 126
through 250, 252 through 260, and 261 through 266 of this act take
effect June 30, 2010.