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NINETY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, April 11, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Pelz, Rinehart and Schow. On motion of Senator Loveland, Senators Cal Anderson, Pelz and Rinehart were excused. On motion of Senator Ann Anderson, Senator Schow was excused.
The Sergeant at Arms Color Guard, consisting of Pages Annette Thurston and Nick Whitehouse, presented the Colors. Reverend Tammy Leiter, pastor of the Westminster Presbyterian Church of Olympia, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
April 10, 1995
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5106,
SUBSTITUTE SENATE BILL NO. 5647,
SENATE BILL NO. 5771, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5401,
SUBSTITUTE SENATE BILL NO. 5764,
SENATE BILL NO. 5767,
SUBSTITUTE SENATE BILL NO. 5804,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5820,
SUBSTITUTE SENATE BILL NO. 5835,
SENATE BILL NO. 5857,
SENATE BILL NO. 5871,
SUBSTITUTE SENATE BILL NO. 5918,
SUBSTITUTE SENATE BILL NO. 6026,
SENATE JOINT MEMORIAL NO. 8010, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5410,
SENATE BILL NO. 5430,
SENATE BILL NO. 5433,
SUBSTITUTE SENATE BILL NO. 5435,
ENGROSSED SENATE BILL NO. 5437, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5043,
SUBSTITUTE SENATE BILL NO. 5164,
SENATE BILL NO. 5165,
SUBSTITUTE SENATE BILL NO. 5166,
SUBSTITUTE SENATE BILL NO. 5214,
ENGROSSED SENATE BILL NO. 5276,
SENATE BILL NO. 5355,
SENATE BILL NO. 5369,
SENATE BILL NO. 5398,
SUBSTITUTE SENATE BILL NO. 5440,
SUBSTITUTE SENATE BILL NO. 5769, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The Speaker has signed:
HOUSE BILL NO. 1059,
HOUSE BILL NO. 1226,
SUBSTITUTE HOUSE BILL NO. 1437,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1452,
HOUSE BILL NO. 1525,
SUBSTITUTE HOUSE BILL NO. 1549,
SUBSTITUTE HOUSE BILL NO. 1671,
SUBSTITUTE HOUSE BILL NO. 1744,
SUBSTITUTE HOUSE BILL NO. 1777,
SUBSTITUTE HOUSE BILL NO. 1917,
HOUSE BILL NO. 2022, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The House failed to pass SUBSTITUTE SENATE BILL NO. 5735.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5106,
SUBSTITUTE SENATE BILL NO. 5647,
SENATE BILL NO. 5771.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1059,
HOUSE BILL NO. 1226,
SUBSTITUTE HOUSE BILL NO. 1437,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1452,
HOUSE BILL NO. 1525,
SUBSTITUTE HOUSE BILL NO. 1549,
SUBSTITUTE HOUSE BILL NO. 1671,
SUBSTITUTE HOUSE BILL NO. 1744,
SUBSTITUTE HOUSE BILL NO. 1777,
SUBSTITUTE HOUSE BILL NO. 1917,
HOUSE BILL NO. 2022.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Owen, Gubernatorial Appointment No. 9081, William S. Williams, as a member of the Board of Pilotage Commissioners was confirmed.
APPOINTMENT OF WILLIAM S. WILLIAMS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, C., Pelz, Rinehart and Schow - 4.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Congressman Norm Dicks who was seated on the rostrum.
With permission of the Senate, business was suspended to permit Congressman Dicks to address the Senate.
MOTION
On motion of Senator Gaspard, the following resolution was adopted:
SENATE RESOLUTION 1995-8645
By Senators Gaspard, Owen, Wojahn, Oke, Johnson, Drew, Rasmussen, Sutherland, Kohl, Winsley and Swecker
WHEREAS, This year marks the Fiftieth anniversary of successful breeding of trout and salmon by Troutlodge Incorporated; and
WHEREAS, Troutlodge Inc., founded by Edward McLeary in 1945, originated at the headwaters of Rocky Ford Creek near Soap Lake and then later was expanded to locations near Tacoma, McMillan, Ephrata and Hoodsport, Washington as well as Hood River, Oregon; and
WHEREAS, With this expansion, the McLeary's were able to more readily ship their products to new and expanding foreign markets, thus turning their once small business into a world-renowned producer of top quality Rainbow Trout and Atlantic Salmon; and
WHEREAS, Today the McLeary family continues to operate Troutlodge according to state of the art innovations and selective breeding techniques which yield genetically fit live trout eggs year round; and
WHEREAS, It is this spirit of being the best that has made Troutlodge the largest individual salmonoid egg producer and supplier in the world, exporting more than three hundred million live trout eggs to twenty-five foreign countries and thirty other states nationwide; and
WHEREAS, In recognition of their excellence, Governor Lowry has declared September 4th as Troutlodge Incorporated Day;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby honors Troutlodge Inc. and the McLeary family for exhibiting the true spirit of success and for being an example of high stature for all to admire.
Senators Gaspard, Oke, Rasmussen, Wojahn, Swecker, Hochstatter and Morton spoke to Senate Resolution 1995-8645.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Edward McLeary family, who were seated in the gallery.
MOTION
On motion of Senator Haugen, the following resolution was adopted:
SENATE RESOLUTION 1995-8646
By Senator Haugen
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The Governor has proclaimed April 1995 to be Drug Free Washington Month in the state of Washington and the Drug Abuse Resistance Education (DARE) program is a unique, exemplary program which is extraordinarily effective in reducing illegal and illicit drug and alcohol abuse through education; and
WHEREAS, Sergeant John Dyer is an example of the highest level of excellence in his service to the DARE program and commitment to the citizens of the great state of Washington; and
WHEREAS, Sergeant Dyer has served since 1989 with distinction for the city of Oak Harbor in an exemplary manner as a DARE Officer, contributing to the overwhelming success of the program beyond everyone's expectations, in part by bringing important information to adults to support a program which has been so successful; and
WHEREAS, Sergeant Dyer has dedicated himself to the laudable principles of the DARE program with an unyielding dedication, enduring perseverance, and selfless devotion that has been an example for DARE officers everywhere; and
WHEREAS, Sergeant Dyer has successfully taught over seven thousand school children about the danger, peril and threat of illicit drugs, and has sponsored community activities and events, which raised funds for continued DARE efforts and brought the deserving message of DARE to the greater community and developed support and partnership between law enforcement and those that they serve; and
WHEREAS, Sergeant Dyer's substantial and considerable personal and professional contributions are continually hallmarked by goodwill, generosity, benevolence, spontaneous and good natured humor, enthusiasm, compassionate understanding, as well as talent, skill and expertise that has earned him well-deserved gratitude of the community, and his outstanding rapport with students enhanced his ability to communicate the objectives of DARE, illustrated by many letters of testimony from former students of the beneficial effect that he has had on their lives; and
WHEREAS, The Legislature recognizes that the dramatic and unique challenges that face our great state of Washington are only surmounted because of the efforts, commitment, devotion and unwavering excellence of individuals such as Sergeant Dyer; and
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honors the highest level of excellence demonstrated by Sergeant Dyer in his dedicated and committed public service to the community of Oak Harbor and the greater state of Washington and for the outstanding example that he has set for others; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Sergeant Dyer and the Chief of Police of Oak Harbor.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1560, by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and Blanton) (by request of Attorney General Gregoire)
Penalizing fuel tax evasion.
The bill was read the second time.
MOTIONS
On motion of Senator Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.36.010 and 1993 c 54 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Motor vehicle" means every vehicle that is in itself a self-propelled unit, equipped with solid rubber, hollow-cushion rubber, or pneumatic rubber tires and capable of being moved or operated upon a public highway, except motor vehicles used as motive power for or in conjunction with farm implements and machines or implements of husbandry;
(2) "Motor vehicle fuel" means gasoline or any other inflammable gas or liquid, by whatsoever name such gasoline, gas, or liquid may be known or sold, the chief use of which is as fuel for the propulsion of motor vehicles or motorboats;
(3) "Distributor" means every person who refines, manufactures, produces, or compounds motor vehicle fuel and sells, distributes, or in any manner uses it in this state; also every person engaged in business as a bona fide wholesale merchant dealing in motor vehicle fuel who either acquires it within the state from any person refining it within or importing it into the state, on which the tax has not been paid, or imports it into this state and sells, distributes, or in any manner uses it in this state; also every person who acquires motor vehicle fuel, on which the tax has not been paid, and exports it by commercial motor vehicle as defined in RCW 82.37.020 to a location outside the state. For the purposes of liability for a county fuel tax, "distributor" has that meaning defined in the county ordinance imposing the tax;
(4) "Service station" means a place operated for the purpose of delivering motor vehicle fuel into the fuel tanks of motor vehicles;
(5) "Department" means the department of licensing;
(6) "Director" means the director of licensing;
(7) "Dealer" means any person engaged in the retail sale of liquid motor vehicle fuels;
(8) "Person" means every natural person, firm, partnership, association, or private or public corporation;
(9) "Highway" means every way or place open to the use of the public, as a matter of right, for purposes of vehicular travel;
(10) "Broker" means every person, other than a distributor, engaged in business as a broker, jobber, or wholesale merchant dealing in motor vehicle fuel or other petroleum products used or usable in propelling motor vehicles, or in other petroleum products which may be used in blending, compounding, or manufacturing of motor vehicle fuel;
(11) "Producer" means every person, other than a distributor, engaged in the business of producing motor vehicle fuel or other petroleum products used in, or which may be used in, the blending, compounding, or manufacturing of motor vehicle fuel;
(12) "Distribution" means all withdrawals of motor vehicle fuel for delivery to others, to retail service stations, or to unlicensed bulk storage plants;
(13) "Bulk storage plant" means, pursuant to the licensing provisions of RCW 82.36.070, any plant, under the control of the distributor, used for the storage of motor vehicle fuel to which no retail outlets are directly connected by pipe lines;
(14) "Marine fuel dealer" means any person engaged in the retail sale of liquid motor vehicle fuel whose place of business and or sale outlet is located upon a navigable waterway;
(15) "Alcohol" means alcohol that is produced from renewable resources;
(16) "Electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account;
(17) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:
(a) A knowing: False statement, misrepresentation of fact, or other act of deception; or
(b) An intentional: Omission, failure to file a return or report, or other act of deception.
Sec. 2. RCW 82.36.380 and 1961 c 15 s 82.36.380 are each amended to read as follows:
((Any person failing to pay the tax as herein provided, or violating any of the other provisions of this chapter, or making any false statement, or concealing any material fact in any report, record, affidavit, or claim provided for herein, shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.))
(1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.
(2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and
(b) Pay a penalty of fifty percent of the tax evaded, to the general fund of the state.
Sec. 3. RCW 82.38.020 and 1994 c 262 s 22 are each amended to read as follows:
As ((hereinafter)) used in this chapter:
(1) "Person" means every natural person, fiduciary, association, or corporation. The term "person" as applied to an association means and includes the partners or members thereof, and as applied to corporations, the officers thereof.
(2) "Department" means the department of licensing.
(3) "Highway" means every way or place open to the use of the public, as a matter of right, for the purpose of vehicular travel.
(4) "Motor vehicle" means every self-propelled vehicle designed for operation upon land utilizing special fuel as the means of propulsion.
(5) "Special fuel" means and includes all combustible gases and liquids suitable for the generation of power for propulsion of motor vehicles, except that it does not include motor vehicle fuel as defined in chapter 82.36 RCW.
(6) "Bulk storage" means the placing of special fuel by a special fuel dealer into a receptacle other than the fuel supply tank of a motor vehicle.
(7) "Special fuel dealer" means any person engaged in the business of delivering special fuel into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by him, or into bulk storage facilities for subsequent use in a motor vehicle. For this purpose the term "fuel supply tank or tanks" does not include cargo tanks even though fuel is withdrawn directly therefrom for propulsion of the vehicle.
(8) "Special fuel user" means any person purchasing special fuel into bulk storage without payment of the special fuel tax for subsequent use in a motor vehicle, or any person engaged in interstate commercial operation of motor vehicles any part of which is within this state.
(9) "Service station" means any location at which fueling of motor vehicles is offered to the general public.
(10) "Unbonded service station" means any service station at which an unbonded special fuel dealer regularly makes sales of special fuel by means of delivery thereof into the fuel supply tanks of motor vehicles.
(11) "Bond" means: (a) A bond duly executed by such special fuel dealer or special fuel user as principal with a corporate surety qualified under the provisions of chapter 48.28 RCW which bond shall be payable to the state of Washington conditioned upon faithful performance of all requirements of this chapter, including the payment of all taxes, penalties, and other obligations of such dealer, arising out of this chapter; or (b) a deposit with the state treasurer by the special fuel dealer or special fuel user, under such terms and conditions as the department may prescribe, a like amount of lawful money of the United
States or bonds or other obligations of the United States, the state of Washington, or any county of said state, of an actual market value not less than the amount so fixed by the department; or (c) such other instruments as the department may determine and prescribe by rule to protect the interests of the state and to insure compliance of the requirements of this chapter.
(12) "Lessor" means any person (a) whose principal business is the bona fide leasing or renting of motor vehicles without drivers for compensation to the general public, and (b) who maintains established places of business and whose lease or rental contracts require such motor vehicles to be returned to the established places of business.
(13) "Natural gas" means naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form.
(14) "Standard pressure and temperature" means fourteen and seventy-three hundredths pounds of pressure per square inch at sixty degrees Fahrenheit.
(15) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:
(a) A knowing: False statement, misrepresentation of fact, or other act of deception; or
(b) An intentional: Omission, failure to file a return or report, or other act of deception.
Sec. 4. RCW 82.38.270 and 1979 c 40 s 19 are each amended to read as follows:
((It shall be unlawful for any person to:
(1) Refuse, or knowingly and intentionally fail to make and file any statement required by this chapter in the manner or within the time required;
(2) Knowingly and with intent to evade or to aid in the evasion of the tax imposed herein to make any false statement or conceal any material fact in any record, return, or affidavit provided for in this chapter;
(3) Conduct any activities requiring a license under this chapter without a license or after a license has been suspended, surrendered, canceled, or revoked;
(4) Fail to keep and maintain the books and records required by this chapter;
(5) Divert special fuel purchased for a nontaxable use to a use subject to the taxes imposed by this chapter without payment of the taxes as required by this chapter.
Except as otherwise provided by law, any person violating any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine of not less than five hundred dollars nor more than one thousand dollars and costs of prosecution, or imprisonment for not more than one year, or both.
The fine and imprisonment provided for in this section shall be in addition to any other penalty imposed by any other provision of this chapter.)) (1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.
(2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and
(b) Pay a penalty of fifty percent of the tax evaded, to the general fund of the state.
Sec. 5. RCW 9A.04.080 and 1993 c 214 s 1 are each amended to read as follows:
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Arson if a death results.
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.
(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(g) No other felony may be prosecuted more than three years after its commission.
(h) No gross misdemeanor may be prosecuted more than two years after its commission.
(i) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."
On motion of Senator Smith, the following title amendment was adopted:
On line 1 of the title, after "tax;" strike the remainder of the title and insert "amending RCW 82.36.010, 82.36.380, 82.38.020, 82.38.270, nd 9A.04.080; and prescribing penalties."
MOTION
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1560, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1560, as amended by the Senate.
ROLL CALL
The Secretary call the roll on the final passage of Substitute House Bill No. 1560, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 39.
Voting nay: Senators Anderson, A., Morton, Moyer, Newhouse, Prince, Roach, Schow and Swecker - 8.
Excused: Senators Anderson, C. and Rinehart - 2.
SUBSTITUTE HOUSE BILL NO. 1560, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1248, by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, G. Fisher, Boldt, Carrell, Campbell, Mason, Ebersole, B. Thomas, Cairnes, Radcliff, Cooke, Chandler, Mielke, Ballasiotes, Robertson, Mitchell, Schoesler, Appelwick, Sheldon, Costa, Morris, Basich and Conway)
Providing tax deferrals for a new thoroughbred race track facility.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:
On page 2, beginning on line 34, strike all of section 4 and insert the following:
"NEW SECTION. Sec. 4. (1) The recipient shall begin paying the deferred taxes in the fifth year after the date certified by the department as the date on which the investment project is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years with amounts of payment scheduled as follows:
Repayment Year % of Deferred Tax Repaid
1 10%
2 10%
3 10%
4 10%
5 10%
6 10%
7 10%
8 10%
9 10%
10 10%
(2) The department may authorize an accelerated repayment schedule upon request of the recipient.
(3) Interest shall not be charged on any taxes deferred under this chapter for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this chapter. The debt for deferred taxes is not extinguished by insolvency or other failure of the recipient."
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 1248, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1248, as amended by the Senate.
ROLL CALL
The Secretary call the roll on the final passage of Substitute House Bill No. 1248, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senators Haugen, McCaslin and Prince - 3.
Excused: Senators Anderson, C. and Rinehart - 2.
SUBSTITUTE HOUSE BILL NO. 1248, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1205, by House Committee on Health Care (originally sponsored by Representative Dyer) (by request of Department of Social and Health Services)
Modifying physician self-referral provisions.
The bill was read the second time.
MOTION
Senator Moyer moved that the following amendment be adopted:
On page 3, after line 13, insert the following:
"Sec. 2. RCW 18.64.011 and 1989 1st ex.s. c 9 s 412 are each amended to read as follows:
Unless the context clearly requires otherwise, definitions of terms shall be as indicated when used in this chapter.
(1) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(2) "Board" means the Washington state board of pharmacy.
(3) "Drugs" means:
(a) Articles recognized in the official United States pharmacopoeia or the official homeopathic pharmacopoeia of the United States;
(b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;
(c) Substances (other than food) intended to affect the structure or any function of the body of man or other animals; or
(d) Substances intended for use as a component of any substances specified in (a), (b), or (c) of this subsection, but not including devices or their component parts or accessories.
(4) "Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, or (b) to affect the structure or any function of the body of man or other animals.
(5) "Nonlegend" or "nonprescription" drugs means any drugs which may be lawfully sold without a prescription.
(6) "Legend drugs" means any drugs which are required by any applicable federal or state law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.
(7) "Controlled substance" means a drug or substance, or an immediate precursor of such drug or substance, so designated under or pursuant to the provisions of chapter 69.50 RCW.
(8) "Prescription" means an order for drugs or devices issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe drugs or devices in the course of his or her professional practice for a legitimate medical purpose.
(9) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly authorized by law or rule in the state of Washington to prescribe drugs.
(10) "Pharmacist" means a person duly licensed by the Washington state board of pharmacy to engage in the practice of pharmacy.
(11) "Practice of pharmacy" includes the practice of and responsibility for: Interpreting prescription orders; the compounding, dispensing, labeling, administering, and distributing of drugs and devices; the monitoring of drug therapy and use; the initiating or modifying of drug therapy in accordance with written guidelines or protocols previously established and approved for his or her practice by a practitioner authorized to prescribe drugs; the participating in drug utilization reviews and drug product selection; the proper and safe storing and distributing of drugs and devices and maintenance of proper records thereof; the providing of information on legend drugs which may include, but is not limited to, the advising of therapeutic values, hazards, and the uses of drugs and devices.
(12) "Pharmacy" means every place properly licensed by the board of pharmacy where the practice of pharmacy is conducted.
(13) The words "drug" and "devices" shall not include surgical or dental instruments or laboratory materials, gas and oxygen, therapy equipment, X-ray apparatus or therapeutic equipment, their component parts or accessories, or equipment, instruments, apparatus, or contrivances used to render such articles effective in medical, surgical, or dental treatment, or for use or consumption in or for mechanical, industrial, manufacturing, or scientific applications or purposes, nor shall the word "drug" include any article or mixture covered by the Washington pesticide control act (chapter 15.58 RCW), as enacted or hereafter amended, nor medicated feed intended for and used exclusively as a feed for animals other than man.
(14) The word "poison" shall not include any article or mixture covered by the Washington pesticide control act (chapter 15.58 RCW), as enacted or hereafter amended.
(15) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a drug or device, whether or not there is an agency relationship.
(16) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(17) "Distribute" means the delivery of a drug or device other than by administering or dispensing.
(18) "Compounding" shall be the act of combining two or more ingredients in the preparation of a prescription.
(19) "Wholesaler" shall mean a corporation, individual, or other entity which buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers.
(20) "Manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance or device or the packaging or repackaging of such substance or device, or the labeling or relabeling of the commercial container of such substance or device, but does not include the activities of a practitioner who, as an incident to his or her administration or dispensing such substance or device in the course of his or her professional practice, prepares, compounds, packages, or labels such substance or device.
(21) "Manufacturer" shall mean a person, corporation, or other entity engaged in the manufacture of drugs or devices.
(22) "Labeling" shall mean the process of preparing and affixing a label to any drug or device container. The label must include all information required by current federal and state law and pharmacy rules.
(23) "Administer" means the direct application of a drug or device, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject.
(24) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a master application and a master license expiration date common to each renewable license endorsement.
(25) "Department" means the department of health.
(26) "Secretary" means the secretary of health or the secretary's designee.
(27) "Health care entity" means an organization that provides health care services in a setting that is not otherwise licensed by the state. Health care entity includes a free-standing outpatient surgery center, a free-standing cardiac care center, or a kidney dialysis center. It does not include an individual practitioner's office or a multipractitioner clinic.
NEW SECTION. Sec. 3. A new section is added to chapter 18.64 RCW to read as follows:
(1) In order for a health care entity to purchase, administer, dispense, and deliver legend drugs, the health care entity must be licensed by the department.
(2) In order for a health care entity to purchase, administer, dispense, and deliver controlled substances, the health care entity must annually obtain a license from the department in accordance with the board's rules.
(3) The receipt, administration, dispensing, and delivery of legend drugs or controlled substances by a health care entity must be performed under the supervision or at the direction of a pharmacist.
(4) A health care entity may only administer, dispense, or deliver legend drugs and controlled substances to patients who receive care within the health care entity and in compliance with rules of the board. Nothing in this subsection shall prohibit a practitioner, in carrying out his or her licensed responsibilities within a health care entity, from dispensing or delivering to a patient of the health care entity drugs for that patient's personal use in an amount not to exceed seventy-two hours of usage.
NEW SECTION. Sec. 4. A new section is added to chapter 18.64 RCW to read as follows:
(1) The owner of a health care entity shall pay an original license fee to be determined by the secretary, and annually thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary, for which he or she shall receive a license of location, which shall entitle the owner to purchase legend drugs or controlled substances at the location specified for the period ending on a date to be determined by the secretary. A declaration of ownership and location filed with the department under this section shall be deemed presumptive evidence of ownership of the health care entity.
(2) The owner shall immediately notify the department of any change of location or ownership in which case a new application and fee shall be submitted.
(3) It shall be the duty of the owner to keep the license of location or the renewal license properly exhibited in the health care entity.
(4) Failure to comply with this section is a misdemeanor and each day that the failure continues is a separate offense.
(5) In the event that a license fee remains unpaid after the date due, no renewal or new license may be issued except upon payment of the license renewal fee and a penalty fee equal to the original license fee.
Sec. 5. RCW 18.64.165 and 1989 1st ex.s. c 9 s 404 and 1989 c 352 s 4 are each reenacted and amended to read as follows:
The board shall have the power to refuse, suspend, or revoke the license of any manufacturer, wholesaler, pharmacy, shopkeeper, itinerant vendor, peddler, poison distributor, health care entity, or precursor chemical distributor upon proof that:
(1) The license was procured through fraud, misrepresentation, or deceit;
(2) The licensee has violated or has permitted any employee to violate any of the laws of this state or the United States relating to drugs, controlled substances, cosmetics, or nonprescription drugs, or has violated any of the rules and regulations of the board of pharmacy or has been convicted of a felony.
NEW SECTION. Sec. 6. A new section is added to chapter 18.64 RCW to read as follows:
Every proprietor or manager of a health care entity shall keep readily available a suitable record of drugs, which shall preserve for a period of not less than two years the record of every drug used at such health care entity. The record shall be maintained either separately from all other records of the health care entity or in such form that the information required is readily retrievable from ordinary business records of the health care entity. All record-keeping requirements for controlled substances must be complied with. Such record of drugs shall be for confidential use in the health care entity, only. The record of drugs shall be open for inspection by the board of pharmacy, who is authorized to enforce chapter 18.64, 69.41, or 69.50 RCW.
Sec. 7. RCW 18.64.255 and 1984 c 153 s 14 are each amended to read as follows:
Nothing in this chapter shall operate in any manner:
(1) To restrict the scope of authorized practice of any practitioner other than a pharmacist, duly licensed as such under the laws of this state. However, a health care entity shall comply with all state and federal laws and rules relating to the dispensing of drugs and the practice of pharmacy; or
(2) In the absence of the pharmacist from the hospital pharmacy, to prohibit a registered nurse designated by the hospital and the responsible pharmacist from obtaining from the hospital pharmacy such drugs as are needed in an emergency: PROVIDED, That proper record is kept of such emergency, including the date, time, name of prescriber, the name of the nurse obtaining the drugs, and a list of what drugs and quantities of same were obtained; or
(3) To prevent shopkeepers, itinerant vendors, peddlers, or salesmen from dealing in and selling nonprescription drugs, if such drugs are sold in the original packages of the manufacturer, or in packages put up by a licensed pharmacist in the manner provided by the state board of pharmacy, if such shopkeeper, itinerant vendor, salesman, or peddler shall have obtained a registration."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Moyer on page 3, after line 13, to Substitute House Bill No. 1205.
The motion by Senator Moyer carried and the amendment was adopted.
MOTIONS
On motion of Senator Quigley, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, strike "and"
On page 1, line 1 of the title, before the period insert ", 18.64.011 and 18.64.255; reenacting and amending RCW 18.64.165; and adding new sections to chapter 18.64 RCW"
On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 1205, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1205, as amended by the Senate.
ROLL CALL
The Secretary call the roll on the final passage of Substitute House Bill No. 1205, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Absent: Senator Smith - 1.
Excused: Senators Anderson, C. and Rinehart - 2.
SUBSTITUTE HOUSE BILL NO. 1205, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1889, by Representatives L. Thomas, Backlund, Huff and Chappell (by request of State Auditor Sonntag)
Administering the office of the state auditor.
The bill was read the second time.
MOTIONS
Senator Sheldon moved that the following Committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.09.010 and 1965 c 8 s 43.09.010 are each amended to read as follows:
The state auditor shall reside and keep his or her office at the seat of government. Before entering upon his or her duties he or she shall execute and deliver to the secretary of state a bond to the state in the sum of fifty thousand dollars, to be approved by the governor, conditioned for the faithful performance of all duties required ((of him)) by law. He or she shall take an oath of office before any person authorized to administer oaths, and file a copy thereof, together with ((his)) the required bond, in the office of the secretary of state.
NEW SECTION. Sec. 2. The state auditor may appoint deputies and assistant directors as necessary to carry out the duties of the office of the state auditor. These individuals serve at the pleasure of the state auditor and are exempt from the provisions of chapter 41.06 RCW as stated in RCW 41.06.070(1)(y).
NEW SECTION. Sec. 3. The state auditor may appoint and employ other assistants and personnel necessary to carry out the work of the office of the state auditor.
NEW SECTION. Sec. 4. The state auditor may contract with public accountants certified in Washington to carry out those portions of the duties of auditing state agencies and local governments as the state auditor may determine.
NEW SECTION. Sec. 5. The state auditor, his or her employees and every person legally appointed to perform such service, may issue subpoenas and compulsory process and direct the service thereof by any constable or sheriff, compel the attendance of witnesses and the production of books and papers before him or her at any designated time and place, and may administer oaths.
When any person summoned to appear and give testimony neglects or refuses to do so, or neglects or refuses to answer any question that may be put to him or her touching any matter under examination, or to produce any books or papers required, the person making such examination shall apply to a superior court judge of the proper county to issue a subpoena for the appearance of such person before him or her; and the judge shall order the issuance of a subpoena for the appearance of such person forthwith before him or her to give testimony; and if any person so summoned fails to appear, or appearing, refuses to testify, or to produce any books or papers required, he or she shall be subject to like proceedings and penalties for contempt as witnesses in the superior court. Willful false swearing in any such examination shall be perjury and punishable as such.
Sec. 6. RCW 43.09.170 and 1965 c 8 s 43.09.170 are each amended to read as follows:
The state auditor may administer all oaths required by law in matters pertaining to the duties of his or her office.
Sec. 7. RCW 43.09.180 and 1965 c 8 s 43.09.180 are each amended to read as follows:
The state auditor shall keep a seal of office for the identification of all papers, writings, and documents required by law to be certified by him or her, and copies authenticated and certified of all papers and documents lawfully deposited in his or her office shall be received in evidence with the same effect as the originals.
NEW SECTION. Sec. 8. State agencies and local governments shall immediately report to the state auditor's office known or suspected loss of public funds or assets or other illegal activity.
Sec. 9. RCW 43.09.200 and 1965 c 8 s 43.09.200 are each amended to read as follows:
The state auditor((, through such division,)) shall formulate, prescribe, and install a system of accounting and reporting for all local governments, which shall be uniform for every public institution, and every public office, and every public account of the same class.
The system shall exhibit true accounts and detailed statements of funds collected, received, and expended for account of the public for any purpose whatever, and by all public officers, employees, or other persons.
The accounts shall show the receipt, use, and disposition of all public property, and the income, if any, derived therefrom; all sources of public income, and the amounts due and received from each source; all receipts, vouchers, and other documents kept, or required to be kept, necessary to isolate and prove the validity of every transaction; all statements and reports made or required to be made, for the internal administration of the office to which they pertain; and all reports published or required to be published, for the information of the people regarding any and all details of the financial administration of public affairs.
Sec. 10. RCW 43.09.205 and 1987 c 120 s 4 are each amended to read as follows:
The state auditor((, through the division of municipal corporations,)) shall prescribe a standard form with which the accounts and records of costs of all local governments shall be maintained as required under RCW 39.04.070.
Sec. 11. RCW 43.09.220 and 1965 c 8 s 43.09.220 are each amended to read as follows:
Separate accounts shall be kept for every public service industry of every local government, which shall show the true and entire cost of the ownership and operation thereof, the amount collected annually by general or special taxation for service rendered to the public, and the amount and character of the service rendered therefor, and the amount collected annually from private users for service rendered to them, and the amount and character of the service rendered therefor.
Sec. 12. RCW 43.09.230 and 1993 c 18 s 2 are each amended to read as follows:
The state auditor shall require from every ((taxing district and other political subdivisions)) local government financial reports covering the full period of each fiscal year, in accordance with the forms and methods prescribed by the state auditor, which shall be uniform for all accounts of the same class.
Such reports shall be prepared, certified, and filed with the ((division)) state auditor within one hundred fifty days after the close of each fiscal year.
The reports shall contain accurate statements, in summarized form, of all collections made, or receipts received, by the officers from all sources; all accounts due the public treasury, but not collected; and all expenditures for every purpose, and by what authority authorized; and also: (1) A statement of all costs of ownership and operation, and of all income, of each and every public service industry owned and operated by a ((municipality)) local government; (2) a statement of the entire public debt of every ((taxing district)) local government, to which power has been delegated by the state to create a public debt, showing the purpose for which each item of the debt was created, and the provisions made for the payment thereof; (3) a classified statement of all receipts and expenditures by any public institution; and (4) a statement of all expenditures for labor relations consultants, with the identification of each consultant, compensation, and the terms and conditions of each agreement or arrangement; together with such other information as may be required by the state auditor.
The reports shall be certified as to their correctness by the state auditor, the state auditor's deputies, or other person legally authorized to make such ((certificate)) certification.
Their substance shall be published in an annual volume of comparative statistics at the expense of the state as a public document.
Sec. 13. RCW 43.09.240 and 1991 c 245 s 13 are each amended to read as follows:
Every public officer and employee of a local government shall keep all accounts of his or her office in the form prescribed and make all reports required by the state auditor. Any public officer or employee who refuses or willfully neglects to perform such duties shall be subject to removal from office in an appropriate proceeding for that purpose brought by the attorney general or by any prosecuting attorney.
Every public officer and employee, whose duty it is to collect or receive payments due or for the use of the public shall deposit such moneys collected or received by him or her with the treasurer of the ((taxing district)) local government once every twenty-four consecutive hours. The treasurer may in his or her discretion grant an exception where such daily transfers would not be administratively practical or feasible.
In case a public officer or employee collects or receives funds for the account of a ((taxing district)) local government of which he or she is an officer or employee, the treasurer shall, by Friday of each week, pay to the proper officer of the ((taxing district)) local government for the account of which the collection was made or payment received, the full amount collected or received during the current week for the account of the district.
NEW SECTION. Sec. 14. The state auditor has the power to examine all the financial affairs of every local government and its officers and employees.
Sec. 15. RCW 43.09.260 and 1991 sp.s. c 30 s 26 are each amended to read as follows:
((The state auditor, the chief examiner, and every state examiner shall have power by himself or herself or by any person legally appointed to perform the service, to examine into all financial affairs of every public office and officer.))
The examination of the financial affairs of all ((taxing districts)) local governments shall be made at such reasonable, periodic intervals as the state auditor shall determine. However, an examination of the financial affairs of all ((taxing districts)) local governments shall be made at least once in every three years, and an examination of individual local government health and welfare benefit plans and local government self-insurance programs shall be made at least once every two years. The term (("taxing districts")) local governments for purposes of ((RCW 43.09.190 through 43.09.285)) this chapter includes but is not limited to all counties, cities, and other political subdivisions, municipal corporations, and quasi-municipal corporations, however denominated.
The state auditor shall establish a schedule to govern the auditing of ((taxing districts)) local governments which shall include: A designation of the various classifications of ((taxing districts)) local governments; a designation of the frequency for auditing each type of ((taxing district)) local government; and a description of events which cause a more frequent audit to be conducted.
On every such examination, inquiry shall be made as to the financial condition and resources of the ((taxing district)) local government; whether the Constitution and laws of the state, the ordinances and orders of the ((taxing district)) local government, and the requirements of the ((division of municipal corporations)) state auditor have been properly complied with; and into the methods and accuracy of the accounts and reports.
((The state auditor, his or her deputies, every state examiner and every person legally appointed to perform such service, may issue subpoenas and compulsory process and direct the service thereof by any constable or sheriff, compel the attendance of witnesses and the production of books and papers before him or her at any designated time and place, and may administer oaths.
When any person summoned to appear and give testimony neglects or refuses so to do, or neglects or refuses to answer any question that may be put to him or her touching any matter under examination, or to produce any books or papers required, the person making such examination shall apply to a superior court judge of the proper county to issue a subpoena for the appearance of such person before him or her; and the judge shall order the issuance of a subpoena for the appearance of such person forthwith before him to give testimony; and if any person so summoned fails to appear, or appearing, refuses to testify, or to produce any books or papers required, he or she shall be subject to like proceedings and penalties for contempt as witnesses in the superior court. Willful false swearing in any such examination shall be perjury and punishable as such.))
A report of such examination shall be made ((in triplicate, one copy to be)) and filed in the office of ((the)) state auditor, and one ((in)) copy shall be transmitted to the ((auditing department of the taxing district reported upon, and one in the office of the attorney general)) local government. A copy of any report containing findings of noncompliance with state law shall be transmitted to the attorney general. If any such report discloses malfeasance, misfeasance, or nonfeasance in office on the part of any public officer or employee, within thirty days from the receipt of his or her copy of the report, the attorney general shall institute, in the proper county, such legal action as is proper in the premises by civil process and prosecute the same to final determination to carry into effect the findings of the examination.
It shall be unlawful for ((the county commissioners or any board or officer)) any local government or the responsible head thereof, to make a settlement or compromise of any claim arising out of such malfeasance, misfeasance, or nonfeasance, or any action commenced therefor, or for any court to enter upon any compromise or settlement of such action, without the written approval and consent of the attorney general and the state auditor.
Sec. 16. RCW 43.09.265 and 1979 ex.s. c 218 s 7 are each amended to read as follows:
The state auditor((, through the division of municipal corporations,)) shall review the tax levies of all ((municipal corporations)) local governments in the regular examinations under RCW 43.09.260.
Sec. 17. RCW 43.09.270 and 1993 c 315 s 1 are each amended to read as follows:
The expense of ((maintaining and operating the division of municipal corporations)) auditing local governments and those expenses directly related to ((the)) prescribing ((of)) accounting systems, training, maintenance of working capital including reserves for late and ((uncollectable)) uncollectible accounts and necessary adjustments to billings, and field audit supervision, shall be considered ((as)) expenses of auditing public accounts within the meaning of RCW 43.09.280 and 43.09.282, and shall be prorated for that purpose equally among all entities directly affected by such service.
Sec. 18. RCW 43.09.280 and 1979 c 71 s 2 are each amended to read as follows:
The expense of auditing public accounts shall be borne by each entity subject to such audit for the auditing of all accounts under its jurisdiction and the state auditor shall certify the expense of such audit to the fiscal or warrant-issuing officer of such entity, who shall immediately make payment to the ((division of municipal corporations)) state auditor. If the expense as certified is not paid by any ((taxing district)) local government within thirty days from the date of certification, the state auditor may certify the expense to the auditor of the county in which the ((taxing district)) local government is situated, who shall promptly issue his or her warrant on the county treasurer payable out of the current expense fund of the county, which fund, except as to auditing the financial affairs and making inspection and examination of the county, shall be reimbursed by the county auditor or chief financial officer out of the money due ((said taxing district)) the local government at the next monthly settlement of the collection of taxes and shall be transferred to the current expense fund.
Sec. 19. RCW 43.09.2801 and 1992 c 44 s 11 are each amended to read as follows:
(1) From July 1, 1992, to June 30, 1995, the state auditor shall charge an entity subject to an audit an additional ten cents per hour billed under RCW 43.09.270 and 43.09.280, to be deposited in the local government administrative ((hearing[s])) hearings account.
(2) After June 30, 1995, the state auditor shall base the amount to be collected and deposited into the local government administrative ((hearing[s])) hearings account on the funds remaining in the account on June 30, 1995, and the anticipated caseload for the future.
(3) The state auditor may exempt a local government that ((complies)) certifies that it is in compliance with RCW 42.41.050 from a charge added under subsection (1) or (2) of this section.
Sec. 20. RCW 43.09.282 and 1982 c 206 s 2 are each amended to read as follows:
For the purposes of centralized funding, accounting, and distribution of the costs of the audits performed on ((taxing districts)) local governments by the state auditor, there is hereby created ((a fund)) an account entitled the municipal revolving ((fund)) account. The state treasurer shall be custodian of the ((fund)) account. All moneys received by the ((division of municipal corporations)) state auditor or by any officer or employee thereof shall be deposited with the state treasurer and credited to the municipal revolving ((fund)) account. ((Funds in the municipal revolving fund will be spent only after appropriation by the legislature. Such appropriated funds shall be administered by the division of municipal corporations.)) Only the state auditor or the auditor's designee may authorize expenditures from the account. No appropriation is required for expenditures. The ((division of municipal corporations)) state auditor shall keep such records as are necessary to detail the auditing costs attributable to the various types of ((taxing districts)) local governments.
Sec. 21. RCW 43.09.290 and 1981 c 336 s 6 are each amended to read as follows:
For the purposes of RCW 43.09.290 through 43.09.340 and 43.09.410 through 43.09.418, post-audit means an ((annual)) audit of the books, records, funds, accounts, and financial transactions of a state ((department)) agency for a complete fiscal period; pre-audit means all other audits and examinations; state ((department)) agency means elective officers and offices, and every other office, officer, department, board, council, committee, commission, or authority((, or agency)) of the state government now existing or hereafter created, supported, wholly or in part, by appropriations from the state treasury or funds under its control, or by the levy, assessment, collection, or receipt of fines, penalties, fees, licenses, sales of commodities, service charges, rentals, grants-in-aid, or other income provided by law, and all state educational, penal, reformatory, charitable, eleemosynary, or other institutions, supported, wholly or in part, by appropriations from the state treasury or funds under its control.
Sec. 22. RCW 43.09.310 and 1981 c 217 s 1 are each amended to read as follows:
The state auditor((, through the division of departmental audits,)) shall annually audit the state-wide combined financial statements prepared by the office of financial management and make post-audits of state agencies. Post-audits of state agencies shall be made at such periodic intervals as is determined by the state auditor. Audits of combined financial statements shall include determinations as to the validity and accuracy of accounting methods, procedures and standards utilized in their preparation, as well as the accuracy of the financial statements themselves. A report shall be made of each such audit and post-audit upon completion thereof, and one copy shall be transmitted to the governor, one to the director of financial management, ((one to the attorney general,)) one to the state ((department)) agency audited, one to the legislative budget committee, one each to the standing committees on ways and means of the house and senate, one to the chief clerk of the house, one to the secretary of the senate, and at least one shall be kept on file in the office of the state auditor. ((For purposes of reporting the annual audit of state-wide combined financial statements, "state department audited" refers solely to the office of financial management.)) A copy of any report containing findings of noncompliance with state law shall be transmitted to the attorney general.
Sec. 23. RCW 43.09.330 and 1965 c 8 s 43.09.330 are each amended to read as follows:
((The state auditor, the chief examiner, and every state examiner of the division of departmental audits, for the purpose of making post-audits, may issue subpoenas and compulsory process and direct the service thereof by any constable or sheriff to compel the attendance of witnesses and the production of books and papers before him at any designated time and place, and may administer oaths.
If any person summoned neglects or refuses to appear, or neglects or refuses to answer any question that may be put to him touching any matter under audit, or to produce any books or papers required, the person making such audit shall apply to a superior court judge of the county where the hearing arose to issue a subpoena for the appearance of such person before him; and the judge shall order the issuance of a subpoena for the appearance of such person forthwith before him to give testimony; and if any person so summoned fails to appear, or appearing refuses to testify or to produce any books or papers required, he shall be subject to like proceedings and penalties for contempt as witnesses in the superior court. Wilful false swearing in any such examination shall be perjury and punishable as such.))
If any audit of a state agency discloses malfeasance, misfeasance, or nonfeasance in office on the part of any public officer or employee, within thirty days from the receipt of his or her copy of the report, the attorney general shall institute and prosecute in the proper county, appropriate legal action to carry into effect the findings of such post-audit. It shall be unlawful for any state ((department)) agency or the responsible head thereof, to make a settlement or compromise of any claim arising out of such malfeasance, misfeasance, or nonfeasance, or any action commenced therefor, or for any court to enter upon any compromise or settlement of such action without the written approval and consent of the attorney general and the state auditor.
Sec. 24. RCW 43.09.340 and 1979 c 151 s 93 are each amended to read as follows:
The governor ((may, from time to time)) shall, at least every two years, provide for a post-audit of the books, accounts, and records of the state auditor, and the funds under his or her control, to be made either by independent qualified public accountants or the director of financial management, as he or she may determine. The expense of making such audit shall be paid from appropriations made therefor from the general fund.
Sec. 25. RCW 43.09.410 and 1981 c 336 s 1 are each amended to read as follows:
An auditing services revolving ((fund)) account is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the audits provided to state ((departments)) agencies by the state auditor.
Sec. 26. RCW 43.09.412 and 1987 c 165 s 1 are each amended to read as follows:
The amounts to be disbursed from the auditing services revolving ((fund)) account shall ((be transferred thereto by the state treasurer)) be paid from funds appropriated to any and all state ((departments)) agencies for auditing services or administrative expenses ((on a monthly basis)). State ((departments)) agencies operating in whole or in part from nonappropriated funds shall pay into the auditing services revolving ((fund)) account such funds as will fully reimburse funds appropriated to the state auditor ((for any auditing services provided activities financed by nonappropriated funds)) for auditing services provided.
The director of financial management shall allot all such funds to the state auditor for the operation of his or her office, pursuant to appropriation, in the same manner as appropriated funds are allocated to other state ((departments)) agencies headed by elected officers under chapter 43.88 RCW.
Sec. 27. RCW 43.09.414 and 1981 c 336 s 3 are each amended to read as follows:
Disbursements from the auditing services revolving ((fund)) account shall be made pursuant to vouchers executed by the state auditor or his or her designee in accordance with RCW 43.09.412.
Sec. 28. RCW 43.09.416 and 1987 c 165 s 2 are each amended to read as follows:
The state auditor shall keep such records as are necessary to facilitate proper allocation of costs to funds and accounts and state ((departments)) agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and accounts and state ((departments)) agencies served. The billing rate shall be established based on costs incurred in the prior biennium and anticipated costs in the new biennium. Those expenses related to training, maintenance of working capital including reserves for late and uncollectible accounts, and necessary adjustments to billings, shall be considered as expenses of auditing public accounts. Working capital shall not exceed five percent of the auditing services revolving ((fund)) account appropriation. ((The director of the office of financial management shall establish a committee of at least three certified public accountants with private sector audit experience to prepare general guidelines governing procedures to be used in determining audit costs and standards for measuring auditor productivity. These proposed procedures and productivity standards shall be presented for review by the house and senate committees on ways and means prior to the 1982 regular session of the legislature.))
Sec. 29. RCW 43.09.418 and 1981 c 336 s 5 are each amended to read as follows:
In cases where there are unanticipated demands for auditing services or where there are insufficient funds on hand or available for payment through the auditing services revolving ((fund)) account or in other cases of necessity, the state auditor may request payment for auditing services directly from state ((departments)) agencies for whom the services are performed to the extent that revenues or other funds are available. Upon approval by the director of financial management the state ((department)) agency shall make the requested payment. The payment may be made on either an advance or reimbursable basis as approved by the director of financial management.
Sec. 30. RCW 3.30.070 and 1971 c 73 s 3 are each amended to read as follows:
The clerk of each district court shall keep uniform records of each case filed and the proceedings had therein including an accounting for all funds received and disbursed. Financial reporting shall be in such form as may be prescribed by the ((office of the)) state auditor((, division of municipal corporations)). The form of other records may be prescribed by the supreme court.
Sec. 31. RCW 3.62.020 and 1988 c 169 s 3 are each amended to read as follows:
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the ((division of municipal corporations)) state auditor, noting the information necessary for crediting of such funds as required by law.
(2) The county treasurer shall remit thirty-two percent of the money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
Sec. 32. RCW 14.08.090 and 1984 c 7 s 4 are each amended to read as follows:
Any bonds to be issued by any municipality pursuant to the provisions of this chapter shall be authorized and issued in the manner and within the limitation prescribed by the Constitution and laws of this state or the charter of the municipality for the issuance and authorization of bonds thereof for public purposes generally, secured by the revenues of the airport, a mortgage on facilities, or a general tax levy as allowed by law, if the plan and system resolution are approved by the secretary of transportation or the ((division of municipal corporations)) state auditor.
Sec. 33. RCW 35.02.132 and 1991 c 360 s 4 are each amended to read as follows:
The newly elected officials shall adopt an interim budget for the interim period or until January 1 of the following year, whichever occurs first. A second interim budget shall be adopted for any period between January 1 and the official date of incorporation. These interim budgets shall be adopted in consultation with the ((office of the)) state auditor((, division of municipal corporations)).
The governing body shall adopt a budget for the newly incorporated city or town for the period between the official date of incorporation and January 1 of the following year. The mayor or governing body, whichever is appropriate shall prepare or the governing body may direct the interim city manager to prepare a preliminary budget in detail to be made public at least sixty days before the official date of incorporation as a recommendation for the final budget. The mayor, governing body, or the interim city manager shall submit as a part of the preliminary budget a budget message that contains an explanation of the budget document, an outline of the recommended financial policies and programs of the city or town for the ensuing fiscal year, and a statement of the relation of the recommended appropriation to such policies and programs. Immediately following the release of the preliminary budget, the governing body shall cause to be published a notice once each week for two consecutive weeks of a public hearing to be held at least twenty days before the official date of incorporation on the fixing of the final budget. Any taxpayer may appear and be heard for or against any part of the budget. The governing body may make such adjustments and changes as it deems necessary and may adopt the final budget at the conclusion of the public hearing or at any time before the official date of incorporation.
Sec. 34. RCW 35.07.230 and 1965 c 7 s 35.07.230 are each amended to read as follows:
If any town fails for two successive years to hold its regular municipal election, or if the officers elected at the regular election of any town fail for two successive years to qualify and the government of the town ceases to function by reason thereof, the state auditor ((through the division of municipal corporations)) may petition the superior court of the county for an order, dissolving the town. In addition to stating the facts which would justify the entry of such an order, the petition shall set forth a detailed statement of the assets and liabilities of the town insofar as they can be ascertained.
Sec. 35. RCW 35.21.270 and 1984 c 7 s 20 are each amended to read as follows:
The city engineer or the city clerk of each city or town shall maintain records of the receipt and expenditure of all moneys used for construction, repair, or maintenance of streets and arterial highways.
To assist in maintaining uniformity in such records, the ((division of municipal corporations)) state auditor, with the advice and assistance of the department of transportation, shall prescribe forms and types of records to be so maintained.
Sec. 36. RCW 35.23.121 and 1965 c 7 s 35.24.120 are each amended to read as follows:
The city clerk shall keep a full and true record of every act and proceeding of the city council and keep such books, accounts and make such reports as may be required by ((the division of municipal corporations in the office of)) the state auditor. The city clerk shall record all ordinances, annexing thereto his or her certificate giving the number and title of the ordinance, stating that the ordinance was published and posted according to law and that the record is a true and correct copy thereof. The record copy with the clerk's certificate shall be prima facie evidence of the contents of the ordinance and of its passage and publication and shall be admissible as such evidence in any court or proceeding.
The city clerk shall be custodian of the seal of the city and shall have authority to acknowledge the execution of all instruments by the city which require acknowledgment.
The city clerk may appoint a deputy for whose acts he or she and his or her bondsmen shall be responsible, and he or she and his or her deputy shall have authority to take all necessary affidavits to claims against the city and certify them without charge.
The city clerk shall perform such other duties as may be required by statute or ordinance.
Sec. 37. RCW 35.23.535 and 1965 c 7 s 35.24.430 are each amended to read as follows:
No taxes shall be imposed for maintenance and operating charges of city owned water, light, power, or heating works or systems.
Rates shall be fixed by ordinance for supplying water, light, power, or heat for commercial, domestic, or irrigation purposes sufficient to pay for all operating and maintenance charges. If the rates in force produce a greater amount than is necessary to meet operating and maintenance charges, the rates may be reduced or the excess income may be transferred to the city's current expense fund.
Complete separate accounts for municipal utilities must be kept under the system and on forms prescribed by the ((division of municipal corporations in the office of the)) state auditor.
The term "maintenance and operating charges," as used in this section includes all necessary repairs, replacement, interest on any debts incurred in acquiring, constructing, repairing and operating plants and departments and all depreciation charges. This term shall also include an annual charge equal to four percent on the cost of the plant or system, as determined by ((the division of municipal corporations in the office of)) the state auditor to be paid into the current expense fund, except that where utility bonds have been or may hereafter be issued and are unpaid no payment shall be required into the current expense fund until such bonds are paid.
Sec. 38. RCW 35.27.510 and 1965 c 7 s 35.27.510 are each amended to read as follows:
When any special fund of a public utility department of a town has retired all bond and warrant indebtedness and is on a cash basis, if a reserve or depreciation fund has been created in an amount satisfactory to ((the division of municipal corporations in the office of)) the state auditor and if the fixing of the rates of the utility is governed by contract with the supplier of water, electrical energy, or other commodity sold by the town to its inhabitants, and the rates are at the lowest possible figure, the town council may set aside such portion of the net earnings of the utility as it may deem advisable and transfer it to the town's current expense fund: PROVIDED, That no amount in excess of fifty percent of the net earnings shall be so set aside and transferred except with the unanimous approval of the council and mayor.
Sec. 39. RCW 35.33.031 and 1969 ex.s. c 95 s 3 are each amended to read as follows:
On or before the second Monday of the fourth month prior to the beginning of the city's or town's next fiscal year, or at such other time as the city or town may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a city or town to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by his or her department for the ensuing fiscal year. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by ((the division of municipal corporations in the office of)) the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of his or her office. The chief administrative officers of the city or town shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties herein required shall devolve upon the person next in charge of such department.
Sec. 40. RCW 35.33.041 and 1969 ex.s. c 95 s 4 are each amended to read as follows:
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington finance officers association, the association of Washington cities and the association of Washington city managers.
Sec. 41. RCW 35.33.075 and 1969 ex.s. c 95 s 10 are each amended to read as follows:
Following conclusion of the hearing, and prior to the beginning of the fiscal year, the legislative body shall make such adjustments and changes as it deems necessary or proper and after determining the allowance in each item, department, classification and fund, and shall by ordinance, adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal year. Such ordinances may adopt the final budget by reference: PROVIDED, That the ordinance adopting such budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to ((the division of municipal corporations in the office of the state auditor, and to)) the association of Washington cities.
Sec. 42. RCW 35.33.111 and 1969 ex.s. c 95 s 16 are each amended to read as follows:
The ((division of municipal corporations in the office of the)) state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
Sec. 43. RCW 35.34.050 and 1985 c 175 s 8 are each amended to read as follows:
On or before the second Monday of the fourth month prior to the beginning of the city's or town's next fiscal biennium, or at such other time as the city or town may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a city or town to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by the department for the ensuing fiscal biennium. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by ((the division of municipal corporations in the office of)) the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of the clerk's office. The chief administrative officers of the city or town shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties required by this section shall devolve upon the person next in charge of such department.
Sec. 44. RCW 35.34.060 and 1985 c 175 s 9 are each amended to read as follows:
All estimates of receipts and expenditures for the ensuing fiscal biennium shall be fully detailed in the biennial budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers.
Sec. 45. RCW 35.34.120 and 1985 c 175 s 15 are each amended to read as follows:
Following conclusion of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and changes as it deems necessary or proper and, after determining the allowance in each item, department, classification, and fund, shall by ordinance adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by reference. However, the ordinance adopting the budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor and to the association of Washington cities.
Sec. 46. RCW 35.34.130 and 1985 c 175 s 16 are each amended to read as follows:
The legislative authority of a city or town having adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and modification shall occur no sooner than eight months after the start nor later than conclusion of the first year of the fiscal biennium. The chief administrative officer shall prepare the proposed budget modification and shall provide for publication of notice of hearings consistent with publication of notices for adoption of other city or town ordinances. City or town ordinances providing for a mid-biennium review and modification shall establish procedures for distribution of the proposed modification to members of the city or town legislative authority, procedures for making copies available to the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be by ordinance approved in the same manner as are other ordinances of the city or town.
A complete copy of the budget modification as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor and to the association of Washington cities.
Sec. 47. RCW 35.34.190 and 1985 c 175 s 22 are each amended to read as follows:
The ((division of municipal corporations in the office of the)) state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
Sec. 48. RCW 35.76.020 and 1965 c 7 s 35.76.020 are each amended to read as follows:
The state auditor((, through the division of municipal corporations,)) shall formulate, prescribe, and install a system of cost accounting and reporting for each city having a population of more than eight thousand, according to the last official census, which will correctly show all street expenditures by functional categories. The system shall also provide for reporting all revenues available for street purposes from whatever source including local improvement district assessments and state and federal aid.
Sec. 49. RCW 35.76.030 and 1965 c 7 s 35.76.030 are each amended to read as follows:
Consistent with the intent of this chapter as stated in RCW 35.76.010, the state auditor, from and after July 1, 1965, ((through the division of municipal corporations,)) is authorized and directed to prescribe accounting and reporting procedures for street expenditures for cities and towns having a population of eight thousand or less, according to the last official census.
Sec. 50. RCW 35.76.050 and 1984 c 7 s 22 are each amended to read as follows:
The ((division of municipal corporations)) state auditor shall annually make a cost-audit examination of street records for each city and town and make a written report thereon to the legislative body of each city and town. The expense of the examination shall be paid out of that portion of the motor vehicle fund allocated to the cities and towns and withheld for use by the state department of transportation under the terms of RCW 46.68.110(1).
Sec. 51. RCW 35A.33.030 and 1967 ex.s. c 119 s 35A.33.030 are each amended to read as follows:
On or before the second Monday of the fourth month prior to the beginning of the city's next fiscal year, or at such other time as the city may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a code city to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by his or her department for the ensuing fiscal year. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by the ((division of municipal corporations in the office of the)) state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of his or her office. The chief administrative officers of the city shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties herein required shall devolve upon the person next in charge of such department.
Sec. 52. RCW 35A.33.040 and 1967 ex.s. c 119 s 35A.33.040 are each amended to read as follows:
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington finance officers association, the association of Washington cities and the association of Washington city managers.
Sec. 53. RCW 35A.33.075 and 1969 ex.s. c 81 s 3 are each amended to read as follows:
Following conclusion of the hearing, and prior to the beginning of the fiscal year, the legislative body shall make such adjustments and changes as it deems necessary or proper and after determining the allowance in each item, department, classification and fund, and shall by ordinance, adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal year. Such ordinances may adopt the final budget by reference: PROVIDED, That the ordinance adopting such budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor, and to the association of Washington cities.
Sec. 54. RCW 35A.33.110 and 1967 ex.s. c 119 s 35A.33.110 are each amended to read as follows:
The ((division of municipal corporations in the office of the)) state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
Sec. 55. RCW 35A.34.050 and 1985 c 175 s 37 are each amended to read as follows:
On or before the second Monday of the fourth month prior to the beginning of the city's next fiscal biennium, or at such other time as the city may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a city to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by the department for the ensuing fiscal biennium. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by the ((division of municipal corporations in the office of the)) state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of the clerk's office. The chief administrative officers of the city shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties required by this section shall devolve upon the person next in charge of such department.
Sec. 56. RCW 35A.34.060 and 1985 c 175 s 38 are each amended to read as follows:
All estimates of receipts and expenditures for the ensuing fiscal biennium shall be fully detailed in the biennial budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers.
Sec. 57. RCW 35A.34.120 and 1985 c 175 s 44 are each amended to read as follows:
Following conclusion of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and changes as it deems necessary or proper and, after determining the allowance in each item, department, classification, and fund, shall by ordinance adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by reference. However, the ordinance adopting the budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor and to the association of Washington cities.
Sec. 58. RCW 35A.34.130 and 1985 c 175 s 45 are each amended to read as follows:
The legislative authority of a city having adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and modification shall occur no sooner than eight months after the start nor later than conclusion of the first year of the fiscal biennium. The chief administrative officer shall prepare the proposed budget modification and shall provide for publication of notice of hearings consistent with publication of notices for adoption of other city ordinances. City ordinances providing for a mid-biennium review and modification shall establish procedures for distribution of the proposed modification to members of the city legislative authority, procedures for making copies available to the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be by ordinance approved in the same manner as are other ordinances of the city.
A complete copy of the budget modification as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor and to the association of Washington cities.
Sec. 59. RCW 35A.34.190 and 1985 c 175 s 51 are each amended to read as follows:
The ((division of municipal corporations in the office of the)) state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
Sec. 60. RCW 35A.37.010 and 1983 c 3 s 62 are each amended to read as follows:
Code cities shall establish such funds for the segregation, budgeting, expenditure and accounting for moneys received for special purposes as are required by general law applicable to such cities' activities and the officers thereof shall pay into, expend from, and account for such moneys in the manner provided therefor including but not limited to the requirements of the following:
(1) Accounting funds as required by RCW 35.37.010;
(2) Annexation and consolidation fund as required by chapters 35.10 and 35.13 RCW;
(3) Assessment fund as required by RCW 8.12.480;
(4) Equipment rental fund as authorized by RCW 35.21.088;
(5) Current expense fund as required by RCW 35.37.010, usually referred to as the general fund;
(6) Local improvement guaranty fund as required by RCW 35.54.010;
(7) An indebtedness and sinking fund, together with separate funds for utilities and institutions as required by RCW 35.37.020;
(8) Local improvement district fund and revolving fund as required by RCW 35.45.130 and 35.48.010;
(9) City street fund as required by chapter 35.76 RCW and RCW 47.24.040;
(10) Firemen's relief and pension fund as required by chapters 41.16 and 41.18 RCW;
(11) Policemen's relief and pension fund as required by RCW 41.20.130 and 63.32.030;
(12) First class cities' employees retirement and pension system as authorized by chapter 41.28 RCW;
(13) Applicable rules of the ((division of municipal corporations office of)) state auditor. ((RCW 43.09.190 through 43.09.282.))
Sec. 61. RCW 36.22.140 and 1963 c 4 s 36.22.140 are each amended to read as follows:
Each county auditor or chief financial officer shall be ex officio deputy ((supervisor)) of the ((division of municipal corporations)) state auditor for the purpose of accounting and reporting on municipal corporations and in such capacity shall be under the direction of the ((chief supervisor)) state auditor, but he or she shall receive no additional salary or compensation by virtue thereof and shall perform no duties as such, except in connection with county business.
Sec. 62. RCW 36.40.030 and 1963 c 4 s 36.40.030 are each amended to read as follows:
The estimates required in RCW 36.40.010 and 36.40.020 shall be submitted on forms provided by the county auditor or chief financial officer and classified according to the classification established by the ((division of municipal corporations)) state auditor. The county auditor or chief financial officer shall provide such forms. He or she shall also prepare the estimates for interest and debt redemption requirements and any other estimates the preparation of which properly falls within the duties of his or her office.
Each such official shall file his or her estimates within the time and in the manner provided in the notice and form and the county auditor or chief financial officer shall deduct and withhold as a penalty from the salary of each official failing or refusing to file such estimates as herein provided, the sum of ten dollars for each day of delay: PROVIDED, That the total penalty against any one official shall not exceed fifty dollars in any one year.
In the absence or disability of any official the duties required herein shall devolve upon the official or employee in charge of the office, department, service, or institution for the time being. The notice shall contain a copy of this penalty clause.
Sec. 63. RCW 36.40.040 and 1973 c 39 s 1 are each amended to read as follows:
Upon receipt of the estimates the county auditor or chief financial officer shall prepare the county budget which shall set forth the complete financial program of the county for the ensuing fiscal year, showing the expenditure program and the sources of revenue by which it is to be financed.
The revenue section shall set forth the estimated receipts from sources other than taxation for each office, department, service, or institution for the ensuing fiscal year, the actual receipts for the first six months of the current fiscal year and the actual receipts for the last completed fiscal year, the estimated surplus at the close of the current fiscal year and the amount proposed to be raised by taxation.
The expenditure section shall set forth in comparative and tabular form by offices, departments, services, and institutions the estimated expenditures for the ensuing fiscal year, the appropriations for the current fiscal year, the actual expenditures for the first six months of the current fiscal year including all contracts or other obligations against current appropriations, and the actual expenditures for the last completed fiscal year.
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington state association of counties and the Washington state association of ((elected)) county officials.
The county auditor or chief financial officer shall set forth separately in the annual budget to be submitted to the ((board of)) county ((commissioners)) legislative authority the total amount of emergency warrants issued during the preceding fiscal year, together with a statement showing the amount issued for each emergency, and the board shall include in the annual tax levy, a levy sufficient to raise an amount equal to the total of such warrants: PROVIDED, That the board may fund the warrants or any part thereof into bonds instead of including them in the budget levy.
Sec. 64. RCW 36.40.080 and 1963 c 4 s 36.40.080 are each amended to read as follows:
Upon the conclusion of the budget hearing the ((board of)) county ((commissioners)) legislative authority shall fix and determine each item of the budget separately and shall by resolution adopt the budget as so finally determined and enter the same in detail in the official minutes of the board, a copy of which budget shall be forwarded to the ((division of municipal corporations)) state auditor.
Sec. 65. RCW 36.40.220 and 1963 c 4 s 36.40.220 are each amended to read as follows:
The ((division of municipal corporations)) state auditor may make such rules, classifications, and forms as may be necessary to carry out the provisions in respect to county budgets, define what expenditures shall be chargeable to each budget account, and establish such accounting and cost systems as may be necessary to provide accurate budget information.
Sec. 66. RCW 36.47.060 and 1969 ex.s. c 5 s 5 are each amended to read as follows:
The financial records of the Washington state association of county officials shall be subject to audit by the ((Washington)) state ((division of municipal corporations)) auditor.
Sec. 67. RCW 36.68.530 and 1981 c 210 s 11 are each amended to read as follows:
The governing body of each park and recreation service area shall annually compile a budget for each service area in a form prescribed by the state ((division of municipal corporations)) auditor for the ensuing calendar year which shall, to the extent that anticipated income is actually realized, constitute the appropriations for the service area. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the budget, all available funds and anticipated income shall be taken into consideration, including contributions or contractual payments from school districts, cities, or towns, county or any other governmental entity, gifts and donations, special tax levy, fees and charges, proceeds of bond issues, and cumulative reserve funds.
Sec. 68. RCW 36.69.160 and 1963 c 4 s 36.69.160 are each amended to read as follows:
The board of park and recreation commissioners of each park and recreation district shall annually compile a budget, in form prescribed by the state ((division of municipal corporations)) auditor, for the ensuing calendar year, and which shall, to the extent that anticipated income is actually realized, constitute the appropriations for the district. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the budget, all available funds and anticipated income shall be taken into consideration, including contributions or contractual payments from school districts, cities or towns, county, or any other governmental unit; gifts and donations; special tax levy; assessments; fees and charges; proceeds of bond issues; cumulative reserve funds.
Sec. 69. RCW 36.80.080 and 1985 c 120 s 3 are each amended to read as follows:
The ((division of municipal corporations)) state auditor shall annually make a cost-audit examination of the books and records of the county road engineer and make a written report thereon to the county legislative authority. The expense of the examination shall be paid from the county road fund.
Sec. 70. RCW 36.82.200 and 1963 c 4 s 36.82.200 are each amended to read as follows:
The board shall hold such hearing at the time and place designated in the notice, and it may be continued from day to day until concluded but not to exceed a total of five days. Upon the conclusion of the hearing the board shall fix and determine the supplemental budget and by resolution adopt it as finally determined and enter it in detail in the official minutes of the board, ((copies)) a copy of which supplemental budget shall be forwarded((, one)) to the director ((and one to the division of municipal corporations)).
Sec. 71. RCW 40.14.070 and 1982 c 36 s 6 are each amended to read as follows:
County, municipal, and other local government agencies may request authority to destroy noncurrent public records having no further administrative or legal value by submitting to the division of archives and records management lists of such records on forms prepared by the division. The archivist ((and the chief examiner of the division of municipal corporations of the office of)), a representative appointed by the state auditor, and a representative appointed by the attorney general shall constitute a committee, known as the local records committee, which shall review such lists and which may veto the destruction of any or all items contained therein.
A local government agency, as an alternative to submitting lists, may elect to establish a records control program based on recurring disposition schedules recommended by the agency to the local records committee. The schedules are to be submitted on forms provided by the division of archives and records management to the local records committee, which may either veto, approve, or amend the schedule. Approval of such schedule or amended schedule shall be by unanimous vote of the local records committee. Upon such approval, the schedule shall constitute authority for the local government agency to destroy the records listed thereon, after the required retention period, on a recurring basis until the schedule is either amended or revised by the committee.
Except as otherwise provided by law, no public records shall be destroyed until approved for destruction by the local records committee. Official public records shall not be destroyed unless:
(1) The records are six or more years old;
(2) The department of origin of the records has made a satisfactory showing to the state records committee that the retention of the records for a minimum of six years is both unnecessary and uneconomical, particularly where lesser federal retention periods for records generated by the state under federal programs have been established; or
(3) The originals of official public records less than six years old have been copied or reproduced by any photographic, photostatic, microfilm, miniature photographic, or other process approved by the state archivist which accurately reproduces or forms a durable medium for so reproducing the original.
An automatic reduction of retention periods from seven to six years for official public records on record retention schedules existing on June 10, 1982, shall not be made, but the same shall be reviewed individually by the local records committee for approval or disapproval of the change to a retention period of six years.
The state archivist may furnish appropriate information, suggestions, and guidelines to local government agencies for their assistance in the preparation of lists and schedules or any other matter relating to the retention, preservation, or destruction of records under this chapter. The local records committee may adopt appropriate regulations establishing procedures to be followed in such matters.
Records of county, municipal, or other local government agencies, designated by the archivist as of primarily historical interest, may be transferred to a recognized depository agency.
Sec. 72. RCW 42.24.080 and 1965 c 116 s 1 are each amended to read as follows:
All claims presented against any county, city, district or other municipal corporation or political subdivision by persons furnishing materials, rendering services or performing labor, or for any other contractual purpose, shall be audited, before payment, by an auditing officer elected or appointed pursuant to statute or, in the absence of statute, an appropriate charter provision, ordinance or resolution of the municipal corporation or political subdivision. Such claims shall be prepared for audit and payment on a form and in the manner prescribed by the ((division of municipal corporations in the)) state auditor(('s office)). The form shall provide for the authentication and certification by such auditing officer that the materials have been furnished, the services rendered or the labor performed as described, and that the claim is a just, due and unpaid obligation against the municipal corporation or political subdivision; and no claim shall be paid without such authentication and certification: PROVIDED, That the certificates as to claims of officers and employees of a county, city, district or other municipal corporation or political subdivision, for services rendered, shall be made by the person charged with the duty of preparing and submitting vouchers for the payment of services, and he or she shall certify that the claim is just, true and unpaid, which certificate shall be part of the voucher.
Sec. 73. RCW 42.24.090 and 1981 c 56 s 1 are each amended to read as follows:
No claim for reimbursement of any expenditures by officers or employees of any municipal corporation or political subdivision of the state for transportation, lodging, meals or any other purpose shall be allowed by any officer, employee or board charged with auditing accounts unless the same shall be presented in a detailed account: PROVIDED, That, unless otherwise authorized by law, the legislative body of any municipal corporation or political subdivision of the state may prescribe by ordinance or resolution the amounts to be paid officers or employees thereof as reimbursement for the use of their personal automobiles or other transportation equipment in connection with officially assigned duties and other travel for approved public purposes, or as reimbursement to such officers or employees in lieu of actual expenses incurred for lodging, meals or other purposes. The rates for such reimbursements may be computed on a mileage, hourly, per diem, monthly, or other basis as the respective legislative bodies shall determine to be proper in each instance: PROVIDED, That in lieu of such reimbursements, payments for the use of personal automobiles for official travel may be established if the legislative body determines that these payments would be less costly to the municipal corporation or political subdivision of the state than providing automobiles for official travel.
All claims authorized under this section shall be duly certified by the officer or employee submitting such claims on forms and in the manner prescribed by the ((division of municipal corporations in the office of the)) state auditor.
Sec. 74. RCW 53.06.060 and 1961 c 31 s 6 are each amended to read as follows:
The financial records of the Washington public ports association shall be subject to audit by the ((Washington state division of municipal corporations of the)) state auditor.
Sec. 75. RCW 56.08.110 and 1973 1st ex.s. c 195 s 62 are each amended to read as follows:
To improve the organization and operation of sewer districts, the commissioners of two or more such districts may form an association thereof, for the purpose of securing and disseminating information of value to the members of the association and for the purpose of promoting the more economical and efficient operation of the comprehensive plans of sewer systems in their respective districts. The commissioners of sewer districts so associated shall adopt articles of association, select such officers as they may determine, and employ and discharge such agents and employees as shall be deemed convenient to carry out the purposes of the association. Sewer district commissioners and their employees are authorized to attend meetings of the association. The expense of the association may be paid from the maintenance or general funds of the associated districts in such manner as shall be provided in the articles of association: PROVIDED, That the aggregate contributions made to the association by the district in any calendar year shall not exceed the amount which would be raised by a levy of two and one-half cents per thousand dollars of assessed value against the taxable property of the district. The financial records of such association shall be subject to audit by the ((Washington state division of municipal corporations of the)) state auditor.
Sec. 76. RCW 57.08.110 and 1973 1st ex.s. c 195 s 68 are each amended to read as follows:
To improve the organization and operation of water districts, the commissioners of two or more such districts may form an association thereof, for the purpose of securing and disseminating information of value to the members of the association and for the purpose of promoting the more economical and efficient operation of the comprehensive plans of water supply in their respective districts. The commissioners of water districts so associated shall adopt articles of association, select such officers as they may determine, and employ and discharge such agents and employees as shall be deemed convenient to carry out the purposes of the association. Water district commissioners and employees are authorized to attend meetings of the association. The expense of the association may be paid from the maintenance or general funds of the associated districts in such manner as shall be provided in the articles of association: PROVIDED, That the aggregate contributions made to the association by the district in any calendar year shall not exceed the amount which would be raised by a levy of two and one-half cents per thousand dollars of assessed value against the taxable property of the district. The financial records of such association shall be subject to audit by the ((Washington state division of municipal corporations of the)) state auditor.
Sec. 77. RCW 70.12.070 and 1991 c 3 s 316 are each amended to read as follows:
The public health pool fund shall be subject to audit by the ((division of departmental audits)) state auditor and shall be subject to check by the state department of health.
NEW SECTION. Sec. 78. The following acts or parts of acts are each repealed:
(1) RCW 43.09.030 and 1965 c 8 s 43.09.030;
(2) RCW 43.09.040 and 1965 c 8 s 43.09.040;
(3) RCW 43.09.190 and 1965 c 8 s 43.09.190;
(4) RCW 43.09.250 and 1988 c 52 s 1 & 1965 c 8 s 43.09.250; and
(5) RCW 43.09.300 and 1988 c 53 s 1 & 1965 c 8 s 43.09.300.
NEW SECTION. Sec. 79. Sections 2 through 5, 8, and 14 of this act are each added to chapter 43.09 RCW."
Senator Snyder moved that the following amendment to the Committee on Government Operations striking amendment be adopted:
On page 33, after line 36, insert the following:
"Sec. 78. RCW 26.04.210 and 1985 c 82 s 5 are each amended to read as follows:
(1) The county auditor, before a marriage license is issued, upon the payment of a license fee as fixed in RCW 36.18.010 shall require each applicant therefor to make and file in ((his)) the auditor's office upon blanks to be provided by the county for that purpose, an affidavit showing that ((they are not)) if an applicant is afflicted with any contagious ((venereal)) sexually transmitted disease, the condition is known to both applicants, and that the applicants are the age of eighteen years or over((: PROVIDED, FURTHER, That)). If the consent in writing is obtained of the father, mother, or legal guardian of the person for whom the license is required, the license may be granted in cases where the female has attained the age of seventeen years or the male has attained the age of seventeen years. Such affidavit may be subscribed and sworn to before any person authorized to administer oaths. Anyone knowingly swearing falsely to any of the statements contained in the affidavits mentioned in this section shall be deemed guilty of perjury and punished as provided by the laws of the state of Washington.
(2) The affidavit form shall be designed to require a statement that no contagious sexually transmitted disease is present or that the condition is known to both applicants, without requiring the applicants to state whether or not either or both of them are afflicted by such disease."
Renumber the remaining sections consecutively and correct internal references accordingly.
POINT OF ORDER
Senator West: "I rise to raise the issue of scope and object. While the amendment is a meritorious amendment and perhaps--in fact, the Senate found it so when it passed the bill--it is so far out of scope and object that it takes quite an imagination to figure out how to attach it to this bill. The underlying bill is a bill dealing with the state auditor's office--responsibility in the state auditor's office. It makes some technical changes standardizing the terminology of local government, but it doesn't go anywhere near--it doesn't go anywhere near-- Title 26 and you really have to go way around a tree to get this one attached. Mr. President, I would make exactly the same argument on the next proposed amendment, in case that ever gets to us."
Further debate ensued.
There being no objection, the President deferred further consideration of Engrossed House Bill No. 1889.
MOTION
At 10:54 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 1:06 p.m. by President Pritchard.
MOTION
At 1:06 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 5:16 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
April 10, 1995
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5075,
SENATE BILL NO. 5806,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,
SENATE BILL NO. 5882,
ENGROSSED SENATE BILL NO. 5888,
SENATE BILL NO. 5894,
SENATE BILL NO. 6011,
SUBSTITUTE SENATE BILL NO. 6028,
SENATE JOINT MEMORIAL NO. 8004,
SENATE JOINT MEMORIAL NO. 8006, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5075,
SENATE BILL NO. 5806,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,
SENATE BILL NO. 5882,
ENGROSSED SENATE BILL NO. 5888,
SENATE BILL NO. 5894,
SENATE BILL NO. 6011,
SUBSTITUTE SENATE BILL NO. 6028,
SENATE JOINT MEMORIAL NO. 8004,
SENATE JOINT MEMORIAL NO. 8006.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1069, by House Committee on Law and Justice (originally sponsored by Representatives Delvin, wolfe, Mielke, Ebersole, Ballasiotes, Sheldon, Mastin, Carlson, McMorris, Carrell, Robertson, Hickel, Sheahan, Reams, Benton, Padden, Boldt, Hargrove, Chandler, McMahan, Cairnes. Clements, Chappell, buck, Campbell, L. Thomas, Johnson, Backlund, Cooke, Conway, Kessler, Costa, Mulliken, Kremen, Dickerson, quall, Basich, Fuhrman, Morris, Huff, Mitchell, Honeyford, Pennington, Elliot, Schoesler, D. Schmidt, Dyer and Appelwick)
Exempting retired law enforcement officers from restrictions on carrying firearms.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1069 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Spanel, Senators Owen, Pelz, Wojahn and Hargrove were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1069.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1069 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 40.
Voting nay: Senators Fraser, Hochstatter, Rinehart and Spanel - 4.
Excused: Senators Anderson, C., Hargrove, Owen, Pelz and Wojahn - 5.
SUBSTITUTE HOUSE BILL NO. 1069, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1165, by House Committee on Finance (originally sponsored by Representatives Sherstad, Dickerson, Van Luven, L. Thomas and Mason) (by request of Department of Revenue)
Making technical corrections to excise and property tax statutes.
The bill was read the second time.
MOTION
Senator Spanel moved that further consideration of Engrossed Substitute House Bill No. 1165 be deferred.
Senator West objected to deferring consideration of Engrossed Substitute House Bill No. 1165.
Further debate ensued.
POINT OF INQUIRY
Senator West: "Senator Spanel, do you intend to deal with these amendments before we adjourn today?"
Senator Spanel: "I hope so."
Senator West: "Okay."
The motion by Senator Spanel carried and the Senate deferred further consideration of Engrossed Substitute House Bill No. 1165.
MOTION
Senator McDonald moved that the Senate advance to the ninth order of business.
Debate ensued.
Senator Spanel demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator McDonald that the Senate advance to the ninth order of business.
ROLL CALL
The Secretary called the roll on the motion by Senator McDonald to advance to the ninth order of business and the motion carried by the following vote: Yeas, 24; Nays, 21; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley and Wood - 24.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland and Wojahn - 21.
Excused: Senators Anderson, C., Hargrove, Owen and Pelz - 4.
MOTION
Senator McDonald moved that the Committee on Ways and Means be relieved of further consideration of Substitute House Bill No. 1540.
PARLIAMENTARY INQUIRY
Senator Snyder: "A parliamentary inquiry, please. How many votes does it take to relieve the Ways and Means Committee of this measure?"
RULING BY THE PRESIDENT
President Pritchard: "Twenty-five votes."
Senator Snyder: "Is that twenty-five Senators or--"
President Pritchard: "Twenty-five votes and if it ends up in a tie vote, why the Senate Rules and the Constitution provides that I would cast the tie vote. Senator Snyder, in case of a tie vote, I would vote, according to the Constitution."
Senator Snyder: "Rule 48 of the Senate Rules says it takes a majority vote of the senators elected to relieve a committee of a bill and also, the Constitution allows the Senate and the House to set their own rules."
President Pritchard: "All right, Senator Snyder, Senate Rule 1(9) says, 'When a vote of the Senate is equally divided, the Lieutenant Governor, when presiding, shall have the deciding vote on questions other than final passage of a bill.' It is Rule 1(9) and it cites the Constitution."
Senator Snyder: "Also, Senate Rule 48 says, 'by a majority vote of the senators elected.' I think we have a little dispute here; I don't think it is going to be necessary, possibly today. Also, I referred to Article II, Section 9, where is says, 'Each house may determine the rules of its own proceedings--.' I think that is why--"
President Pritchard: "If it is not inconsistent with the Constitution, but following the rulings as we judged it and the rulings of former Lieutenant Governor Cherberg, he told me, which was when you have a tie vote, the Lieutenant Governor votes on all things, except final passage."
Senator West demanded a roll call and the demand was sustained.
Further debate ensued.
MOTION
On motion of Senator Spanel, Senator Sheldon was excused.
Further debate ensued.
PARLIAMENTARY INQUIRY
Senator Heavey: "A point of parliamentary inquiry. Mr. President, have we not adopted Reed's Rules and don't Reed's Rules say it is violative to mention another Senator by their name, to mention the other party or to mention the other body or to even to mention its own body by its proper name?"
REPLY BY THE PRESIDENT
President Pritchard: "Well, we have a certain amount of latitude and if it gets out of line, I can assure you the President will crack down."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the motion by Senator McDonald to relieve the Committee on Ways and Means of further consideration of Substitute House Bill No. 1540.
ROLL CALL
The Secretary called the roll and the motion by Senator McDonald to relieve the Committee on Ways and Means of further consideration of Substitute House Bill No. 1540 failed to receive the constitutional majority by the following vote: Yeas, 24; Nays, 20; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley and Wood - 24.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, Prentice, Quigley, Rasmussen, Rinehart, Smith, Snyder, Spanel, Sutherland and Wojahn - 20.
Excused: Senators Anderson, C., Hargrove, Owen, Pelz and Sheldon - 5.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1771, by Representatives Hickel, Basich, Padden, Kremen, Chappell and Carrell
Requiring a handling fee to be paid when a check is dishonored.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1771 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1771.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1771 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 3; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 41.
Voting nay: Senators Heavey, Quigley and Wojahn - 3.
Excused: Senators Anderson, C., Hargrove, Owen, Pelz and Sheldon - 5.
HOUSE BILL NO. 1771, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator West, the Senate immediately commenced consideration of Engrossed Substitute House Bill No. 1165, deferred on second reading earlier today.
MOTION
Senator Hochstatter moved that the following amendment by Senators Hochstatter, Rasmussen and Roach be adopted:
On page 4, after line 8, strike all of section 6 and insert the following:
"Sec. 6. RCW 9.41.135 and 1994 sp.s. c 7 s 418 are each amended to read as follows:
(1) At least once every twelve months, the department of licensing shall obtain a list of dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington from the United States bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by RCW 9.41.100.
(2) At least once every twelve months, the department of licensing shall obtain from the department of revenue and the department of revenue shall transmit to the department of licensing a list of dealers registered with the department of revenue ((whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300)), and a list of dealers whose names and addresses were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register with the department of revenue as required by RCW 9.41.100.
(3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol, tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington who have not complied with the licensing or registration requirements of RCW 9.41.100((, or whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300)). In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not specify whether a particular dealer has failed to comply with licensing requirements((,)) or has failed to comply with registration requirements((, or has gross proceeds of sales below the reporting threshold))."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hochstatter, Rasmussen and Roach on page 4, after line 8, to Engrossed Substitute House Bill No. 1165.
The motion by Senator Hochstatter carried and the amendment was adopted.
MOTIONS
On motion of Senator Haugen, the following amendment was adopted:
On page 5, after line 8, insert the following:
"Sec. 8. RCW 84.34.230 and 1994 c 301 s 33 are each amended to read as follows:
For the purpose of acquiring conservation futures as well as other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, a county may levy an amount not to exceed six and one-quarter cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county((, which levy shall be in addition to that authorized by RCW 84.52.043)). The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section.
Sec. 9. RCW 84.52.069 and 1994 c 79 s 2 are each amended to read as follows:
(1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, or fire protection district.
(2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 29.30.111.
(3) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.
(4) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents: PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents. Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county: PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county: AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services: AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed: AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is authorized subsequent to a county emergency medical service levy, shall expire concurrently with the county emergency medical service levy.
(5) The ((tax levy authorized in this section is in addition to the tax levy authorized)) limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section.
(6) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.
Sec. 10. RCW 84.52.105 and 1993 c 337 s 2 are each amended to read as follows:
(1) A county, city, or town may impose additional regular property tax levies of up to fifty cents per thousand dollars of assessed value of property in each year for up to ten consecutive years to finance affordable housing for very low-income households when specifically authorized to do so by a majority of the voters of the taxing district voting on a ballot proposition authorizing the levies. If both a county, and a city or town within the county, impose levies authorized under this section, the levies of the last jurisdiction to receive voter approval for the levies shall be reduced or eliminated so that the combined rates of these levies may not exceed fifty cents per thousand dollars of assessed valuation in any area within the county. A ballot proposition authorizing a levy under this section must conform with RCW 84.52.054.
(2) The additional property tax levies may not be imposed until:
(a) The governing body of the county, city, or town declares the existence of an emergency with respect to the availability of housing that is affordable to very low-income households in the taxing district; and
(b) The governing body of the county, city, or town adopts an affordable housing financing plan to serve as the plan for expenditure of funds raised by a levy authorized under this section, and the governing body determines that the affordable housing financing plan is consistent with either the locally adopted or state-adopted comprehensive housing affordability strategy, required under the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended.
(3) For purposes of this section, the term "very low-income household" means a single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income, as determined by the United States department of housing and urban development, with adjustments for household size, for the county where the taxing district is located.
(4) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 3 of the title, after "9.41.135," strike "and 82.32.320" and insert "82.32.320, 84.34.230, 84.52.069, and 84.52.105"
MOTION
On motion of Senator Loveland, the rules were suspended, Engrossed Substitute House Bill No. 1165, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1165, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1165, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senator Smith - 1.
Excused: Senators Anderson, C., Hargrove, Owen and Pelz - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1165, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PARLIAMENTARY INQUIRY
Senator McCaslin: "A point of parliamentary inquiry. If I don't speak on a bill, is it accumulative? I can speak five or six times later on in the evening?"
REPLY BY THE PRESIDENT
President Pritchard: "You can try, but I won't let you."
Senator McCaslin: "That is what I figured, Mr. President."
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1547, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Dellwo, Kessler, Dickerson, Basich and Costa)
Pertaining to longshore and harbor workers' compensation.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following Committee on Financial Institutions and Housing amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.22.072 and 1993 c 177 s 2 are each amended to read as follows:
The committee appointed pursuant to RCW 48.22.071 shall submit a report to the legislature no later than January 1((, 1994 and 1995)) of each year, summarizing the activities of the plan adopted under RCW 48.22.070 during its most recent fiscal year and since its inception. ((The committee shall in each report examine, based on the experience of the plan or other information made available to it, whether the Washington state industrial insurance fund should participate in the plan adopted pursuant to RCW 48.22.070; whether there are methods that will satisfy the intent of chapter 209, Laws of 1992 that will not involve the Washington state industrial insurance fund; and the feasibility of requiring that this coverage be made directly available through the Washington state industrial insurance fund.))
NEW SECTION. Sec. 2. 1993 c 177 s 3 & 1992 c 209 s 6 (uncodified) are each repealed.
NEW SECTION. Sec. 3. This act shall expire on July 1, 1997.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 2 of the title, after "insurance;" strike the remainder of the title and insert "amending RCW 48.22.072; repealing 1993 c 177 s 3 and 1992 c 209 s 6 (uncodified); providing an expiration date; and declaring an emergency."
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1547, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1547, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1547, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senator Heavey - 1.
Excused: Senators Anderson, C., Hargrove, Owen and Pelz - 4.
SUBSTITUTE HOUSE BILL NO. 1547, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1692, by House Committee on Law and Justice (originally sponsored by Representatives Padden, Costa, Scott and Appelwick)
Clarifying clerks' fees.
The bill was read the second time.
MOTIONS
Senator Smith moved that the following Committee on Law and Justice amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 5.28.010 and 1987 c 202 s 124 are each amended to read as follows:
((That)) Every court, judge, clerk of a court, or notary public, is authorized to take testimony in any action, suit or proceeding, and such other persons in particular cases as authorized by law. Every such court or officer is authorized to collect fees established under RCW 36.18.020 and sections 11 through 14 of this act and to administer oaths and affirmations generally((,)) and to every such other person in such particular case as authorized.
Sec. 2. RCW 10.14.040 and 1987 c 280 s 4 are each amended to read as follows:
There shall exist an action known as a petition for an order for protection in cases of unlawful harassment.
(1) A petition for relief shall allege the existence of harassment and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
(3) All court clerks' offices shall make available simplified forms and instructional brochures. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
(4) Filing fees are set in RCW 36.18.020, but no filing fee may be charged for a petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought. Forms and instructional brochures shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief in any proceeding under this section.
Sec. 3. RCW 10.82.070 and 1988 c 169 s 5 are each amended to read as follows:
(1) All sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for breach of the penal laws shall be paid in cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued.
(2) The county treasurer shall remit monthly thirty-two percent of the money received under this section except for certain costs to the state treasurer for deposit as provided under RCW 43.08.250 and shall deposit the remainder as provided by law. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Costs or assessments awarded to dedicated accounts, state or local, are not subject to this state allocation or to RCW 7.68.035.
(3) All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. All fees, fines, forfeitures, and penalties collected or assessed by a superior court in cases on appeal from a lower court shall be remitted to the municipal or district court from which the cases were appealed.
Sec. 4. RCW 11.86.031 and 1989 c 34 s 3 are each amended to read as follows:
(1) The disclaimer shall:
(a) Be in writing;
(b) Be signed by the disclaimant;
(c) Identify the interest to be disclaimed; and
(d) State the disclaimer and the extent thereof.
(2) The disclaimer shall be delivered or mailed as provided in subsection (3) of this section at any time after the creation of the interest, but in all events by nine months after the latest of:
(a) The date the beneficiary attains the age of twenty-one years;
(b) The date of the transfer; or
(c) The date that the beneficiary is finally ascertained and the beneficiary's interest is indefeasibly vested.
(3) The disclaimer shall be mailed by first-class mail, or otherwise delivered, to the creator of the interest, the creator's legal representative, or the holder of the legal title to the property to which the interest relates or, if the creator is dead and there is no legal representative or holder of legal title, to the person having possession of the property.
(4) If the date of the transfer is the date of the death of the creator of the interest, a copy of the disclaimer may be filed with the clerk of the probate court in which the estate of the creator is, or has been, administered, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as the place for probate administration of such person, where it shall be indexed under the name of the decedent in the probate index upon the payment of a fee ((of two dollars)) established under section 13 of this act.
(5) The disclaimer of an interest in real property may be recorded, but shall constitute notice to all persons only from and after the date of recording. If recorded, a copy of the disclaimer shall be recorded in the office of the auditor in the county or counties where the real property is situated.
Sec. 5. RCW 12.40.105 and 1983 c 254 s 2 are each amended to read as follows:
If the losing party fails to pay the judgment within twenty days or within the period otherwise ordered by the court, the judgment shall be increased by: (1) An amount sufficient to cover costs of certification of the judgment under RCW 12.40.110; and (2) the amount specified in ((RCW 36.18.020(3))) section 11(2) of this act, without regard to the jurisdictional limits on the small claims department.
Sec. 6. RCW 12.40.110 and 1984 c 258 s 68 are each amended to read as follows:
(1) If the losing party fails to pay the judgment according to the terms and conditions thereof within twenty days or is in arrears on any payment plan, and the prevailing party so notifies the court, the judge before whom such hearing was had shall certify the judgment in substantially the following form:
Washington.
In the District Court of . . . . . . County.
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Plaintiff,
vs.
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Defendant.
In the Small Claims Department.
This is to certify that: (1) In a certain action before me, the undersigned, had on this the . . . . day of . . . . . . 19. . ., wherein . . . . . . . . . was plaintiff and . . . . . . . . . defendant, jurisdiction of said defendant having been had by personal service (or otherwise) as provided by law, I then and there entered judgment against . . . . . . in the sum of . . . . . . Dollars; (2) the judgment has not been paid within twenty days or the period otherwise ordered by the court; and (3) pursuant to RCW 12.40.105, the amount of the judgment is hereby increased by any costs of certification under this section and the amount specified in ((RCW 36.18.020(3))) section 11(2) of this act.
Witness my hand this . . . . day of . . . . . ., 19. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District Judge sitting in the
Small Claims Department.
(2) The judge shall forthwith enter the judgment transcript on the judgment docket of the district court; and thereafter garnishment, execution, and other process on execution provided by law may issue thereon, as in other judgments of district courts.
(3) Transcripts of such judgments may be filed and entered in judgment lien dockets in superior courts with like effect as in other cases.
Sec. 7. RCW 13.64.020 and 1993 c 294 s 2 are each amended to read as follows:
(1) A petition for emancipation shall be signed and verified by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner's birthdate, and the state and county of birth; (b) a certified copy of the petitioner's birth certificate; (c) the name and last known address of the petitioner's parent or parents, guardian, or custodian; (d) the petitioner's present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a declaration by the petitioner indicating that he or she has the ability to manage his or her personal, social, educational, and nonfinancial affairs, including any supporting information.
(2) ((A reasonable filing fee not to exceed fifty dollars shall be set by the court.)) Fees for this section are set under section 12 of this act.
Sec. 8. RCW 26.50.030 and 1992 c 111 s 2 are each amended to read as follows:
There shall exist an action known as a petition for an order for protection in cases of domestic violence.
(1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties except in cases where the court realigns petitioner and respondent in accordance with RCW 26.50.060(((3))) (4).
(3) Within ninety days of receipt of the master copy from the administrator for the courts, all court clerk's offices shall make available the standardized forms, instructions, and informational brochures required by RCW 26.50.035 and shall fill in and keep current specific program names and telephone numbers for community resources. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
(4) ((A)) No filing fee ((of twenty dollars shall)) may be charged for proceedings under this section. ((No filing fee may be charged for: (a) A petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought; or (b) the transfer of a case from district or municipal court to superior court under RCW 26.50.020(2).)) Forms and instructional brochures shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief in any proceeding under this section.
Sec. 9. RCW 34.05.514 and 1994 c 257 s 23 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section ((and RCW 36.70A.300(3))), proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.
(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.
Sec. 10. RCW 36.18.020 and 1993 c 435 s 1 are each amended to read as follows:
(1) Revenue collected under this section is subject to division with the state public safety and education account under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070.
(2) Clerks of superior courts shall collect the following fees for their official services:
(((1))) (a) The party filing the first or initial paper in any civil action, including, but not limited to an action for restitution, ((or)) adoption, or change of name, shall pay, at the time ((said)) the paper is filed, a fee of one hundred ten dollars except, in ((proceedings filed under RCW 26.50.030 or 49.60.227 where the petitioner shall pay a filing fee of twenty dollars, or)) an unlawful detainer action under chapter 59.18 or 59.20 RCW ((where)) for which the plaintiff shall pay a case initiating filing fee of thirty dollars. ((If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay, prior to proceeding with the unlawful detainer action, an additional eighty dollars which shall be considered part of the filing fee.)) The thirty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.
(((2))) (b) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when said paper is filed, a fee of one hundred ten dollars.
(((3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing, a fee of fifteen dollars.
(4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars shall be paid.
(5) For the filing of a petition for modification of a decree of dissolution, a fee of twenty dollars shall be paid.
(6) The party filing a demand for jury of six in a civil action, shall pay, at the time of filing, a fee of fifty dollars; if the demand is for a jury of twelve the fee shall be one hundred dollars. If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional fifty-dollar fee will be required of the party demanding the increased number of jurors.
(7) For filing any paper, not related to or a part of any proceeding, civil or criminal, or any probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law, or for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170, the clerk shall collect twenty dollars.
(8) For preparing, transcribing or certifying any instrument on file or of record in the clerk's office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.
(9) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.
(10) For each garnishee defendant named in an affidavit for garnishment and for each writ of attachment, a fee of twenty dollars shall be charged.
(11) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.
(12))) (c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of one hundred ten dollars.
(d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of one hundred ten dollars.
(e) For filing of a petition for determination of water rights under RCW 90.03.180 a filing fee of twenty-five dollars.
(f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of one hundred ten dollars((: PROVIDED, HOWEVER, A fee of twenty dollars shall be charged for filing a will only, when no probate of the will is contemplated. Except as provided for in subsection (13) of this section a fee of two dollars shall be charged for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170)).
(((13))) (g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee of one hundred ten dollars.
(((14) For the issuance of each certificate of qualification and each certified copy of letters of administration, letters testamentary or letters of guardianship there shall be a fee of two dollars.
(15) For the preparation of a passport application the clerk may collect an execution fee as authorized by the federal government.
(16) For clerks' special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.
(17) For duplicated recordings of court's proceedings there shall be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.
(18))) (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of one hundred ten dollars.
(((19))) (i) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.
(((20))) (3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.
NEW SECTION. Sec. 11. A new section is added to chapter 36.18 RCW to read as follows:
(1) Revenue collected under this section is subject to division with the state for deposit in the public safety and education account under RCW 36.18.025.
(2) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing a fee of fifteen dollars.
(3) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars must be paid.
(4) The clerk shall collect a fee of twenty dollars for: Filing a paper not related to or a part of a proceeding, civil or criminal, or a probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law; or filing a petition, written agreement, or memorandum as provided in RCW 11.96.170.
(5) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay before proceeding with the unlawful detainer action eighty dollars.
(6) For a restrictive covenant for filing a petition to strike discriminatory provisions in real estate under RCW 49.60.227 a fee of twenty dollars must be charged.
(7) A fee of twenty dollars must be charged for filing a will only, when no probate of the will is contemplated.
(8) A fee of two dollars must be charged for filing a petition, written agreement, or written memorandum in a nonjudicial probate dispute under RCW 11.96.170.
(9) For certification of delinquent taxes by a county treasurer under RCW 84.64.190, a fee of five dollars must be charged.
NEW SECTION. Sec. 12. A new section is added to chapter 36.18 RCW to read as follows:
(1) Revenue collected under this section is subject to division with the county law library under RCW 27.24.070.
(2) For filing a petition for emancipation for minors as required under RCW 13.64.020 a fee up to fifty dollars must be collected.
NEW SECTION. Sec. 13. A new section is added to chapter 36.18 RCW to read as follows:
(1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.
(2) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, a fee of twenty dollars must be paid.
(3) The party making a demand for jury of six in a civil action shall pay, at the time, a fee of fifty dollars; if the demand is for a jury of twelve, a fee of one hundred dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional fifty-dollar fee will be required of the party demanding the increased number of jurors. Upon conviction in criminal cases a jury demand charge may be imposed as costs under RCW 10.46.190.
(4) For preparing, transcribing, or certifying an instrument on file or of record in the clerk's office, with or without seal, for the first page or portion of the first page, a fee of two dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of one dollar for each additional seal affixed must be charged.
(5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.
(7) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.
(8) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.
(9) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.
(10) For clerk's special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.
(11) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.
(12) For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be charged.
(13) For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be charged.
(14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be charged.
(15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one hundred ten dollars must be charged.
(16) A facilitator surcharge of ten dollars must be charged as authorized under RCW 26.12.240.
(17) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.
(18) A service fee of three dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
(19) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.
(20) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.
(21) Investment service charge and earnings under RCW 36.48.090 must be charged.
(22) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.
NEW SECTION. Sec. 14. A new section is added to chapter 36.18 RCW to read as follows:
(1) State revenue collected by county clerks under subsection (2) of this section must be transmitted to the appropriate state court. The office of the state administrator for the courts shall retain fees collected under subsection (3) of this section.
(2) For appellate review under RAP 5.1(b), two hundred fifty dollars must be charged.
(3) For all copies and reports produced by the administrator for the courts as permitted under RCW 2.68.020 and supreme court policy, a variable fee must be charged.
Sec. 15. RCW 36.18.022 and 1992 c 54 s 5 are each amended to read as follows:
The court may waive the filing fees provided for under RCW 36.18.020 (((1) and)) (2) (a) and (b) upon affidavit by a party that the party is unable to pay the fee due to financial hardship.
Sec. 16. RCW 40.14.027 and 1994 c 193 s 2 are each amended to read as follows:
State agencies shall collect a surcharge of twenty dollars from the judgment debtor upon the satisfaction of a warrant filed in superior court for unpaid taxes or liabilities. The surcharge is imposed on the judgment debtor in the form of a penalty in addition to the filing fee provided in ((RCW 36.18.020(4))) section 11(3) of this act. The surcharge revenue shall be transmitted to the state treasurer for deposit in the archives and records management account, or procedures for the collection and transmittal of surcharge revenue to the archives and records management account shall be established cooperatively between the filing agencies and clerks of superior court.
Surcharge revenue deposited in the archives and records management account shall be expended by the secretary of state exclusively for the payment of costs and expenses incurred in the provision of public archives and records management services to local government agencies by the division of archives and records management. The secretary of state shall work with local government representatives to establish a committee to advise the state archivist on the local government archives and records management program. Surcharge revenue shall be allocated exclusively to:
(1) Appraise, process, store, preserve, and provide public research access to original records designated by the state archivist as archival which are no longer required to be kept by the agencies which originally made or filed them;
(2) Protect essential records, as provided by chapters 40.10 and 40.20 RCW. Permanent facsimiles of essential records shall be produced and placed in security storage with the state archivist;
(3) Coordinate records retention and disposition management and provide support for the following functions under RCW 40.14.070:
(a) Advise and assist individual agencies on public records management requirements and practices; and
(b) Compile, maintain, and regularly update general records retention schedules and destruction authorizations; and
(4) Develop and maintain standards for the application of recording media and records storage technologies.
Sec. 17. RCW 49.60.227 and 1993 c 69 s 10 are each amended to read as follows:
If a written instrument contains a provision that is void by reason of RCW 49.60.224, the owner, occupant, or tenant of the property which is subject to the provision may cause the provision to be stricken from the public records by bringing an action in the superior court in the county in which the property is located. The action shall be an in rem, declaratory judgment action whose title shall be the description of the property. The necessary party to the action shall be the owner, occupant, or tenant of the property or any portion thereof. The person bringing the action shall pay a fee set under section 11 of this act.
If the court finds that any provisions of the written instrument are void under RCW 49.60.224, it shall enter an order striking the void provisions from the public records and eliminating the void provisions from the title or lease of the property described in the complaint.
Sec. 18. RCW 65.12.780 and 1907 c 250 s 94 are each amended to read as follows:
On the filing of any application for registration, the applicant shall pay to the clerk of the court((, in counties having more than forty thousand population, the sum of three dollars; and in all other counties, the sum of five dollars, which shall be in full of all clerk's fees and charges in such proceeding in behalf of the applicant. Any defendant, on entering his appearance, shall pay to the clerk of the court, the sum of three dollars, which shall be in full of all clerk's fees in behalf of such defendant)) filing fees as set in section 13 of this act. When any number of defendants enter their appearance at the same time, before default, but one fee shall be paid. Every publication in a newspaper required by this chapter shall be paid for by the party on whose application the order of publication is made, in addition to the fees above prescribed. The party at whose request any notice is issued, shall pay for the service of the same, except when sent by mail by the clerk of court, or the registrar of titles.
Sec. 19. RCW 70.02.070 and 1991 c 335 s 206 are each amended to read as follows:
Upon the request of the person requesting the record, the health care provider or facility shall certify the record furnished and may charge for such certification in accordance with ((RCW 36.18.020(9))) section 13(5) of this act. No record need be certified until the fee is paid. The certification shall be affixed to the record and disclose:
(1) The identity of the patient;
(2) The kind of health care information involved;
(3) The identity of the person to whom the information is being furnished;
(4) The identity of the health care provider or facility furnishing the information;
(5) The number of pages of the health care information;
(6) The date on which the health care information is furnished; and
(7) That the certification is to fulfill and meet the requirements of this section.
Sec. 20. RCW 90.03.180 and 1982 c 15 s 2 are each amended to read as follows:
At the time of filing the statement as provided in RCW 90.03.140, each defendant shall pay to the clerk of the superior court a fee ((of twenty-five dollars)) as set under RCW 36.18.020.
NEW SECTION. Sec. 21. RCW 2.32.075 and 1961 c 304 s 5 are each repealed."
On motion of Senator Wojahn, the following amendment by Senators Wojahn, Winsley, Haugen, Loveland, Fairley, Kohl, Rinehart, Prentice, Long, Sheldon, McAuliffe, Wood, Franklin, Spanel, Drew and Fraser to the Committee on Law and Justice striking amendment was adopted:
On page 9, after line 17 of the committee amendment, insert the following:
"Sec. 11. RCW 36.18.010 and 1991 c 26 s 2 are each amended to read as follows:
County auditors or recording officers shall collect the following fees for their official services:
For recording instruments, for the first page, legal size (eight and one-half by fourteen inches or less), five dollars; for each additional legal size page, one dollar; the fee for recording multiple transactions contained in one instrument will be calculated individually for each transaction requiring separate indexing as required under RCW 65.04.050;
For preparing and certifying copies, for the first legal size page, three dollars; for each additional legal size page, one dollar;
For preparing noncertified copies, for each legal size page, one dollar;
For administering an oath or taking an affidavit, with or without seal, two dollars;
For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund, ((which five-dollar fee shall expire June 30, 1995,)) plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW;
For searching records per hour, eight dollars;
For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat;
For recording of miscellaneous records, not listed above, for first legal size page, five dollars; for each additional legal size page, one dollar;
For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170."
Renumber the remaining sections consecutively and correct any internal references accordingly.
The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Substitute House Bill No. 1692.
The committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Smith, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "fees;" strike the remainder of the title and insert "amending RCW 5.28.010, 10.14.040, 10.82.070, 11.86.031, 12.40.105, 12.40.110, 13.64.020, 26.50.030, 34.05.514, 36.18.020, 36.18.022, 40.14.027, 49.60.227, 65.12.780, 70.02.070, and 90.03.180; adding new sections to chapter 36.18 RCW; and repealing RCW 2.32.075."
On page 15, line 13 of the title amendment, after "34.05.514," insert "36.18.010,"
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1692, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Ann Anderson, Senator McCaslin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1692, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1692, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Hargrove, McCaslin, Owen and Pelz - 5.
SUBSTITUTE HOUSE BILL NO. 1692, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724, by House Committee on Government Operations (originally sponsored by Representatives Reams, Rust, L. Thomas, Goldsmith, Ogden, Patterson, Poulsen, Scott, Regala, Mastin, Valle and Chopp (by request of Governor Lowry)
Revising provisions relating to growth management.
The bill was read the second time.
MOTIONS
On motion of Senator Fraser, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following:
"TABLE OF CONTENTSPage #
PART I - GROWTH MANAGEMENT ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
PART II - STATE ENVIRONMENTAL POLICY ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART III - SHORELINE MANAGEMENT ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART IV - LOCAL PERMIT PROCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART V - DEVELOPMENT AGREEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PART VI - STATE PERMIT COORDINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART VII - APPEALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
PART VIII - STUDY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
PART IX - MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105
NEW SECTION. Sec. 1. The legislature recognizes by this act that the growth management act is a fundamental building block of regulatory reform. The state and local governments have invested considerable resources in an act that should serve as the integrating framework for all other land-use related laws. The growth management act provides the means to effectively combine certainty for development decisions, reasonable environmental protection, long-range planning for cost-effective infrastructure, and orderly growth and development.
PART I - GROWTH MANAGEMENT ACT
NEW SECTION. Sec. 101. The legislature finds that during project review, a county or city planning under RCW 36.70A.040 is likely to discover the need to make various improvements in comprehensive plans and development regulations. There is no current requirement or process for applicants, citizens, or agency staff to ensure that these improvements are considered in the plan review process. The legislature also finds that in the past environmental review and permitting of proposed projects have been used to reopen and make land use planning decisions that should have been made through the comprehensive planning process, in part because agency staff and hearing examiners have not been able to ensure consideration of all issues in the local planning process. The legislature further finds that, while plans and regulations should be improved and refined over time, it is unfair to penalize applicants that have submitted permit applications that meet current requirements. It is the intent of the legislature in enacting section 102 of this act to establish a means by which cities and counties will docket suggested plan or development regulation amendments and ensure their consideration during the planning process.
NEW SECTION. Sec. 102. A new section is added to chapter 36.70A RCW to read as follows:
(1) Project review, which shall be conducted pursuant to the provisions of chapter 36.-- RCW (the new chapter created in section 431 of this act), shall be used to make individual project decisions, not land use planning decisions. If, during project review, a county or city planning under RCW 36.70A.040 identifies deficiencies in plans or regulations:
(a) The permitting process shall not be used as a comprehensive planning process;
(b) Project review shall continue; and
(c) The identified deficiencies shall be docketed for possible future plan or development regulation amendments.
(2) Each county and city planning under RCW 36.70A.040 shall include in its development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at least an annual basis, consistent with the provisions of RCW 36.70A.130.
(3) For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation addresses a project's probable specific adverse environmental impacts which the permitting agency could mitigate in the normal project review process.
(4) For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that will ensure such suggested changes will be considered by the county or city and will be available for review by the public.
Sec. 103. RCW 36.70A.030 and 1994 c 307 s 2 and 1994 c 257 s 5 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.
(6) "Department" means the department of community, trade, and economic development.
(7) ((For purposes of RCW 36.70A.065 and 36.70A.440, "development permit application" means any application for a development proposal for a use that could be permitted under a plan adopted pursuant to this chapter and is consistent with the underlying land use and zoning, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses or other applications pertaining to land uses, but shall not include rezones, proposed amendments to comprehensive plans or the adoption or amendment of development regulations.
(8))) "Development regulations" means ((any)) the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in section 402 of this act, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.
(((9))) (8) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.
(((10))) (9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
(((11))) (10) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.
(((12))) (11) "Minerals" include gravel, sand, and valuable metallic substances.
(((13))) (12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.
(((14))) (13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
(((15))) (14) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
(((16))) (15) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.
(((17))) (16) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.
(((18))) (17) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. ((However,)) Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands((, if permitted by the county or city)).
NEW SECTION. Sec. 104. A new section is added to chapter 36.70A RCW to read as follows:
(1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.
(2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the procedures set forth in this chapter for the adoption of a comprehensive plan or development regulations.
NEW SECTION. Sec. 105. A new section is added to chapter 36.70A RCW to read as follows:
(1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.
(2) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.
Sec. 106. RCW 36.70A.130 and 1990 1st ex.s. c 17 s 13 are each amended to read as follows:
(1) Each comprehensive land use plan and development regulations shall be subject to continuing evaluation and review by the county or city that adopted them.
Any amendment or revision to a comprehensive land use plan shall conform to this chapter, and any change to development regulations shall be consistent with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year except that amendments may be considered more frequently under the following circumstances:
(i) The initial adoption of a subarea plan; and
(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW.
(b) All proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.
(3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.
Sec. 107. RCW 36.70A.140 and 1990 1st ex.s. c 17 s 14 are each amended to read as follows:
Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. In enacting legislation in response to the board's decision pursuant to RCW 36.70A.300 declaring part or all of a comprehensive plan or development regulation invalid, the county or city shall provide for public participation that is appropriate and effective under the circumstances presented by the board's order. Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
Sec. 108. RCW 36.70A.280 and 1994 c 249 s 31 are each amended to read as follows:
(1) A growth management hearings board shall hear and determine only those petitions alleging either:
(a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; or
(b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by the state, a county or city that plans under this chapter, a person who has either appeared before the county or city regarding the matter on which a review is being requested or is certified by the governor within sixty days of filing the request with the board, or a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character.
(4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.
Sec. 109. RCW 36.70A.290 and 1994 c 257 s 2 and 1994 c 249 s 26 are each reenacted and amended to read as follows:
(1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.
(2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city.
(a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.
(b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
(c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government̓s shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.
(3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.
(4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.
(5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.
Sec. 110. RCW 36.70A.300 and 1991 sp.s. c 32 s 11 are each amended to read as follows:
(1) The board shall issue a final order within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated. Such a final order shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments thereto, adopted under RCW 36.70A.040 or chapter 90.58 RCW. In the final order, the board shall either: (a) Find that the state agency, county, or city is in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs; or (b) find that the state agency, county, or city is not in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, in which case the board shall remand the matter to the affected state agency, county, or city and specify a reasonable time not in excess of one hundred eighty days within which the state agency, county, or city shall comply with the requirements of this chapter.
(2) A finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand, unless the board's final order also:
(a) Includes a determination, supported by findings of fact and conclusions of law, that the continued validity of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and
(b) Specifies the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.
(3) A determination of invalidity shall:
(a) Be prospective in effect and shall not extinguish rights that vested under state or local law before the date of the board's order; and
(b) Subject any development application that would otherwise vest after the date of the board's order to the local ordinance or resolution that both is enacted in response to the order of remand and determined by the board pursuant to RCW 36.70A.330 to comply with the requirements of this chapter.
(4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (2) of this section whether the prior policies or regulations are valid during the period of remand.
(5) Any party aggrieved by a final decision of the hearings board may appeal the decision to ((Thurston county)) superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board.
Sec. 111. RCW 36.70A.320 and 1991 sp.s. c 32 s 13 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption. In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it finds by a preponderance of the evidence that the state agency, county, or city erroneously interpreted or applied this chapter.
(2) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.
Sec. 112. RCW 36.70A.330 and 1991 sp.s. c 32 s 14 are each amended to read as follows:
(1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(b) has expired, or at an earlier time upon the motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board((, on its own motion or motion of the petitioner,)) shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.
(2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, city, or county. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this section with the board.
(3) If the board finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed.
(4) The board shall also reconsider its final order and decide:
(a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2); or
(b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW 36.70A.300(2).
The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.
Sec. 113. RCW 34.05.514 and 1994 c 257 s 23 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section ((and RCW 36.70A.300(3))), proceedings for review under this chapter shall be instituted by filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.
(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.
NEW SECTION. Sec. 114. (1) The legislature finds that:
(a) As of the effective date of this section, twenty-nine counties and two hundred eight cities are conducting comprehensive planning under the growth management act, chapter 36.70A RCW, which together comprise over ninety percent of the state's population;
(b) Comprehensive plans for many of the jurisdictions were due by July 1, 1994, and the remaining jurisdictions must complete plans under due dates ranging from October 1994 to September 1997;
(c) Concurrently with these comprehensive planning activities, local governments must conduct several other planning requirements under the growth management act, such as the adoption of capital facilities plans, urban growth areas, and development regulations;
(d) Local governments must also comply with the state environmental policy act, chapter 43.21C RCW, in the development of comprehensive plans and development regulations;
(e) The combined activities of comprehensive planning and the state environmental policy act present a serious fiscal burden upon local governments; and
(f) Detailed environmental analysis integrated with comprehensive plans, subarea plans, and development regulations will facilitate planning for and managing growth, allow greater protection of the environment, and benefit both the general public and private property owners.
(2) In order to provide financial assistance to cities and counties planning under chapter 36.70A RCW and to improve the usefulness of plans and integrated environmental analyses, the legislature has created the fund described in section 115 of this act.
NEW SECTION. Sec. 115. A new section is added to chapter 36.70A RCW to read as follows:
The growth management planning and environmental review fund is hereby established in the state treasury. Moneys may be placed in the fund from the proceeds of bond sales, tax revenues, budget transfers, federal appropriations, gifts, or any other lawful source. Moneys in the fund may be spent only after appropriation. Moneys in the fund shall be used to make grants to local governments for the purposes set forth in section 202 of this act, RCW 43.21C.031, or section 116 of this act.
NEW SECTION. Sec. 116. A new section is added to chapter 36.70A RCW to read as follows:
(1) The department of community, trade, and economic development shall provide management services for the fund created by section 115 of this act. The department by rule shall establish procedures for fund management.
(2) A grant may be awarded to a county or city that is required to or has chosen to plan under RCW 36.70A.040 and that is qualified pursuant to this section. The grant shall be provided to assist a county or city in paying for the cost of preparing a detailed environmental impact statement that is integrated with a comprehensive plan or subarea plan and development regulations.
(3) In order to qualify for a grant, a county or city shall:
(a) Demonstrate that it will prepare an environmental analysis pursuant to chapter 43.21C RCW that is integrated with a comprehensive plan or subarea plan and development regulations;
(b) Address environmental impacts and consequences, alternatives, and mitigation measures in sufficient detail to allow the analysis to be adopted in whole or in part by subsequent applicants for development permits within the geographic area analyzed in the plan;
(c) Include mechanisms in the plan to monitor the consequences of growth as it occurs in the plan area and provide ongoing data to update the plan and environmental analysis;
(d) Be making substantial progress towards compliance with the requirements of this chapter. A county or city that is more than six months out of compliance with a requirement of this chapter is deemed not to be making substantial progress towards compliance; and
(e) Provide local funding, which may include financial participation by the private sector.
(4) In awarding grants, the department shall give preference to proposals that include one or more of the following elements:
(a) Financial participation by the private sector, or a public/private partnering approach;
(b) Comprehensive and subarea plan proposals that are designed to identify and monitor system capacities for elements of the built environment, and to the extent appropriate, of the natural environment;
(c) Programs to improve the efficiency and effectiveness of the permitting process by greater reliance on integrated plans;
(d) Programs for effective citizen and neighborhood involvement that contribute to greater certainty that planning decisions will be implemented; and
(e) Plans that identify environmental impacts and establish mitigation measures that provide effective means to satisfy concurrency requirements and establish project consistency with the plans.
(5) If the local funding includes funding provided by other state functional planning programs, including open space planning and watershed or basin planning, the functional plan shall be integrated into and be consistent with the comprehensive plan.
PART II - STATE ENVIRONMENTAL POLICY ACT:
NEW SECTION. Sec. 201. (1) The legislature finds in adopting section 202 of this act that:
(a) Comprehensive plans and development regulations adopted by counties, cities, and towns under chapter 36.70A RCW and environmental laws and rules adopted by the state and federal government have addressed a wide range of environmental subjects and impacts. These plans, regulations, rules, and laws often provide environmental analysis and mitigation measures for project actions without the need for an environmental impact statement or further project mitigation.
(b) Existing plans, regulations, rules, or laws provide environmental analysis and measures that avoid or otherwise mitigate the probable specific adverse environmental impacts of proposed projects should be integrated with, and should not be duplicated by, environmental review under chapter 43.21C RCW.
(c) Proposed projects should continue to receive environmental review, which should be conducted in a manner that is integrated with and does not duplicate other requirements. Project-level environmental review should be used to: (i) Review and document consistency with comprehensive plans and development regulations; (ii) provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level; and (iii) ensure accountability by local government to applicants and the public for requiring and implementing mitigation measures.
(d) When a project permit application is filed, an agency should analyze the proposal's environmental impacts, as required by applicable regulations and the environmental review process required by this chapter, in one project review process. The project review process should include land use, environmental, public, and governmental review, as provided by the applicable regulations and the rules adopted under this chapter, so that documents prepared under different requirements can be reviewed together by the public and other agencies. This project review will provide an agency with the information necessary to make a decision on the proposed project.
(e) Through this project review process: (i) If the applicable regulations require studies that adequately analyze all of the project's specific probable adverse environmental impacts, additional studies under this chapter will not be necessary on those impacts; (ii) if the applicable regulations require measures that adequately address such environmental impacts, additional measures would likewise not be required under this chapter; and (iii) if the applicable regulations do not adequately analyze or address a proposal's specific probable adverse environmental impacts, this chapter provides the authority and procedures for additional review.
(2) The legislature intends that a primary role of environmental review under chapter 43.21C RCW is to focus on the gaps and overlaps that may exist in applicable laws and requirements related to a proposed action. The review of project actions conducted by counties, cities, and towns planning under RCW 36.70A.040 should integrate environmental review with project review. Chapter 43.21C RCW should not be used as a substitute for other land use planning and environmental requirements.
NEW SECTION. Sec. 202. A new section is added to chapter 43.21C RCW to read as follows:
(1) If the requirements of subsection (2) of this section are satisfied, a county, city, or town reviewing a project action may determine that the requirements for environmental analysis, protection, and mitigation measures in the county, city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws and rules provide adequate analysis of and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply.
(2) A county, city, or town may make the determination provided for in subsection (1) of this section if:
(a) In the course of project review, including any required environmental analysis, the local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and
(b) The local government bases or conditions its approval on compliance with these requirements or mitigation measures.
(3) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a project's probable specific adverse environmental impacts, as determined under subsections (1) and (2) of this section, the county, city, or town shall not impose additional mitigation under this chapter during project review. Project review shall be integrated with environmental analysis under this chapter.
(4) A comprehensive plan, subarea plan, or development regulation shall be considered to adequately address an impact if the county, city, or town, through the planning and environmental review process under chapter 36.70A RCW and this chapter, has identified the specific adverse environmental impacts and:
(a) The impacts have been avoided or otherwise mitigated; or
(b) The legislative body of the county, city, or town has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.
(5) In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the county, city, or town shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.
(6) Nothing in this section limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.
(7) This section shall apply only to a county, city, or town planning under RCW 36.70A.040.
Sec. 203. RCW 43.21C.031 and 1983 c 117 s 1 are each amended to read as follows:
(1) An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The environmental impact statement may be combined with the recommendation or report on the proposal or issued as a separate document. The substantive decisions or recommendations shall be clearly identifiable in the combined document. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement under this chapter. In a county, city, or town planning under RCW 36.70A.040, a planned action, as provided for in subsection (2) of this section, does not require a threshold determination or the preparation of an environmental impact statement under this chapter, but is subject to environmental review and mitigation as provided in this chapter.
An environmental impact statement is required to analyze only those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies and the public to identify such impacts and limit the scope of an environmental impact statement. The subjects listed in RCW 43.21C.030(2)(c) need not be treated as separate sections of an environmental impact statement. Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated should be consolidated or included, as applicable, in those sections of an environmental impact statement where the responsible official decides they logically belong.
(2)(a) For purposes of this section, a planned action means one or more types of project action that: