HJ 96 054

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from that in the original published version.

FIFTY-FOURTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Friday, March 1, 1996

The House was called to order at 9:00 a.m. by the Speaker (Representative Beeksma presiding). The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Matthew Le Clair and Alicia Aho. Prayer was offered by Pastor Bryan Carter, Coal Creek Chapel, Bellevue.

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

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

MESSAGES FROM THE SENATE

February 29, 1996

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 6767,

SUBSTITUTE SENATE BILL NO. 6769,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6774,

ENGROSSED SENATE BILL NO. 6776,

and the same are herewith transmitted.

Marty Brown, Secretary

February 29, 1996

Mr. Speaker:

The Senate has passed:

THIRD SUBSTITUTE HOUSE BILL NO. 1381,

HOUSE BILL NO. 2172,

SUBSTITUTE HOUSE BILL NO. 2179,

SUBSTITUTE HOUSE BILL NO. 2191,

SECOND SUBSTITUTE HOUSE BILL NO. 2292,

SUBSTITUTE HOUSE BILL NO. 2320,

SUBSTITUTE HOUSE BILL NO. 2388,

SUBSTITUTE HOUSE BILL NO. 2394,

SUBSTITUTE HOUSE BILL NO. 2535,

SUBSTITUTE HOUSE BILL NO. 2579,

HOUSE BILL NO. 2604,

HOUSE BILL NO. 2628,

SUBSTITUTE HOUSE BILL NO. 2634,

HOUSE BILL NO. 2652,

SUBSTITUTE HOUSE BILL NO. 2727,

SUBSTITUTE HOUSE BILL NO. 2758,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2781,

ENGROSSED HOUSE BILL NO. 2838,

HOUSE BILL NO. 2913,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

Representative Horn assumed the chair.

RESOLUTION

HOUSE RESOLUTION NO. 96-4728, by Representatives Keiser, Patterson, Poulsen, Linville, Morris, Quall, Jacobsen, Wolfe, Ogden, Mason, Valle, Dellwo, Cole, Cody, Scott, Murray, Basich, Tokuda, Veloria, Dickerson, Regala, Romero, Rust, Grant, Kessler, R. Fisher, D. Schmidt, Chopp, Hatfield, Conway and Costa

WHEREAS, The state of Washington and the other states will join nations the world over in celebrating and recognizing March as Women's History Month; and

WHEREAS, We reserve March 8, International Women's Day, as a special time to confirm and commend the historic contributions of women through the ages; and

WHEREAS, It is in the diverse disciplines of science that women have made abundant and distinctive contributions to advance the health and knowledge of humankind; and

WHEREAS, Indeed, the men and children of our state and nation are at last recognizing that women are responsible for some of the most extraordinary scientific discoveries and achievements the world has known; and

WHEREAS, The author and humanitarian Lady Mary Wortley Montagu, for example, publicized a smallpox-inoculation technique almost three hundred years ago that resulted in a recovery rate of nearly one hundred percent; and

WHEREAS, Almira Hart Lincoln Phelps wrote several science textbooks, including the classic "Botany" which sold two hundred seventy-five thousand copies almost two hundred years ago; and

WHEREAS, Williamina Paton Stevens Fleming, a renowned astronomer of the 1800's, developed a catalogue of more than ten thousand stars; and

WHEREAS, Florence Bascom, later a geologist of enormous reputation, became in the 1800's the first woman to earn a Ph.D. from an American university and the first woman elected a fellow of the Geological Society of America; and

WHEREAS, Thomas Edison should have been dubbed "The Male Knight" because a woman named Margaret E. Knight (who was, in fact, called "The Female Edison") received numerous patents in the mid-19th century for everything from flat-bottomed paper bags to rotors; and

WHEREAS, Rebecca J. Cole, born in 1846, became in 1867, the first African American woman to graduate from the Women's Medical College of Pennsylvania and she went on to a prominent fifty-year career in medicine; and

WHEREAS, The college-entrance examinations were officially opened to women in the 1870's because Charlotte Angus Scott, who later earned her doctorate of science at Cambridge and became the head of mathematics at Bryn Mawr College, scored too high on the examinations for women to be ignored any longer; and

WHEREAS, Also in that time period, Sony Kovalevski, a mathematician of great prominence, made highly celebrated contributions to the theory of differential equations; and

WHEREAS, The first female lecturer at the Sorbonne and the holder of degrees in mathematics and physics, Marie Sklodowska Curie, became early in the 20th century the first person to receive a second Nobel Prize; and

WHEREAS, Also early in this century, the astrophysicist Charlotte Moore Sitterly was a major compiler of the standard tables of atomic-energy levels by optical spectra and she also discovered that the element technetium exists not just in the laboratory but also in nature; and

WHEREAS, The discoveries of the bacteriologist Alice Evans upward of a century ago led to implementation of a pasteurization process for milk, thus saving countless men and women from the ravages of a dreaded disease; and

WHEREAS, Virginia Apgar in the early 1900's became the first woman to hold a full professorship at Columbia Medical School and she developed a system for diagnosing the health of new-born infants; and

WHEREAS, Chien-Shiung Wu, a prestigious Chinese American nuclear physicist who was born in 1912, masterminded the experiment in the 1950's that led to a unified theory explaining the electromagnetic and other forces responsible for several forms of radioactivity; and

WHEREAS, Helen Brooke Taussig, the physician-pediatrician-cardiologist and professor emeritus of pediatrics at Johns Hopkins University, made the discoveries that allowed cyanotic infants ("blue babies") to live an almost normal life; and

WHEREAS, Margaret Collins Strickland, an African American woman who was born in 1922, is an esteemed zoologist who became the head of the Biology Department at Florida A & M University; and

WHEREAS, Jewell Plummer Cobb, born in 1924, a distinguished African American woman and third-generation physician, is a prominent and distinguished cancer researcher specializing in cell biology; and

WHEREAS, In 1938, Dorothy H. Andersen delivered the results of her research to the American Pediatric Association and identified the disease cystic fibrosis; and

WHEREAS, That same year 1938 saw the birth of Janet Guthrie, who was one of the first women to qualify for NASA's scientist-astronaut program and who also became the first woman to race in the Indianapolis 500; and

WHEREAS, Angelita Albano Castro Kelly, a prominent Filipino American woman born in 1942, directs the Space Shuttle astronauts as NASA's Mission Operations Manager for the Earth Observing System Project at the Goddard Space Flight Center in Maryland; and

WHEREAS, All of the first twelve women admitted to Harvard Medical School were graduated in 1949, none flunked out as had been predicted; and

WHEREAS, Also in 1951, Sally Ride, the first American woman in space, was born; and

WHEREAS, Mae Jemison, born in 1956, became the world's first African American woman astronaut and first African American woman in space in 1992; and

WHEREAS, Amalia Vazques, also born in 1956, an Hispanic American professor of science, wrote the groundbreaking treatise "Presence and Significance of Yeast-like Cells on Immunocompromised Patients" in 1986; and

WHEREAS, Rita Levi-Montalcini, a neurobiologist who made remarkable discoveries in the early 1950's that enhanced our understanding of cancer, birth defects, and Alzheimer's disease, received a Nobel Prize; and

WHEREAS, The first Hispanic woman astronaut, Ellen Ochoa, who was born in 1959, was the Chief of the Intelligent System Technology Branch at the NASA/AMES Research Center before she was selected to participate in our nation's space program; and

WHEREAS, Maria Goeppert Mayer, a nuclear physicist noted as a world authority on the structure of the atomic nucleus, and on quantum electrodynamics and spectroscopy, received a Nobel Prize in 1963; and

WHEREAS, The 1964 Nobel Prize in chemistry went to Dorothy Mary Crowfoot Hodgkin, professor emeritus at Oxford, who identified the structure of vitamin B-12; and

WHEREAS, Women, to be sure, have made enormous contributions to the exceptional scientific history and development of our Pacific Northwest, not just since territorial days and statehood, but certainly, too, in the time before the arrival of the non-Native American settlers; and

WHEREAS, In the decades before their region became a territory and eventually a state of the United States, Native American women shared knowledge of the various life sciences to help the non-Native American settlers survive; and

WHEREAS, Clara McCarty Wilts in 1876 became the first woman graduate of the University of Washington when she earned her bachelor of science degree; and

WHEREAS, Fannie Paddock was excited about her move to the Washington Territory in 1881 and, upon hearing that her destination, Tacoma, had no hospital, she raised funds for the hospital that Tacoma citizens today know as Tacoma General Hospital; and

WHEREAS, Mary Perkins, who came to Steilacoom in 1902 to practice family medicine, attended to the people of her community until she was 79; and

WHEREAS, In 1906, Addie Cooper became the University of Washington's first woman to graduate with a degree in engineering and she worked in her profession until 1952; and

WHEREAS, The first nonstop flight from Vancouver, British Columbia, to Tijuana, Mexico, was accomplished in 1941 by Evelyn Burleson, a Tacoma free-lance pilot; and

WHEREAS, Lillian Butler was a research chemist with the United States Department of Agriculture in Yakima and in 1968 she was elected a fellow of the American Association for the Advancement of Science; and

WHEREAS, Betsy Ancker-Johnson was a physicist at Boeing and a professor at the University of Washington and she became the assistant secretary for the Office of Science and Technology in the Department of Commerce in 1973; and

WHEREAS, Born in the town of Outlook near Sunnyside in Yakima County, Bonnie Dunbar, a United States astronaut, was involved last year in a joint mission with Russian cosmonauts and participated in only the second "handshake across the hatch" with the cosmonauts;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and celebrate Women's History Month in March and International Women's Day on March 8; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Office of the State Superintendent of Public Instruction for effective distribution among the schools of the state of Washington so that young women and men will come to possess an innate knowledge about the historic scientific contributions that women have made for our state, our nation, and our world.

Representative Keiser moved adoption of the resolution.

Representatives Keiser, Dellwo, Skinner, Conway and Veloria spoke in favor of the resolution.

House Resolution No. 4728 was adopted.

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

SECOND READING

There being no objection, the House considered the following bills in the following order: Senate Bill No. 6222, Senate Bill No. 6171, Substitute Senate Bill No. 6637, Engrossed Substitute Senate Bill No. 6204 and Engrossed Substitute Senate Bill No. 6505.

SENATE BILL NO. 6222, by Senators Pelz, Deccio and Newhouse; by request of Department of Labor & Industries

Providing for self-insurance administrative procedures.

The bill was read the second time.

There being no objection, the House deferred further consideration of Senate Bill No. 6222 and the bill held it's place on the second reading calendar.

SENATE BILL NO. 6171, by Senators Oke, Haugen, McCaslin and Winsley

Eliminating primary elections for certain special purpose district commissioners.

The bill was read the second time.

Representative Van Luven moved the adoption of the following amendment by Representative Van Luven:

On page 3, after line 9, insert:

"Sec. 5. RCW 53.12.010 and 1994 c 223 s 81 are each amended to read as follows:

(1) The powers of the port district shall be exercised through a port commission consisting of three or, when permitted by this title, five members.

Every port district that is not coextensive with a county having a population of five hundred thousand or more and every port district with a population of one million or more shall be divided into the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section. Where a port district with three commissioner positions and three commissioner districts is coextensive with the boundaries of a county ((that has a population of less than five hundred thousand)) and the county has three county legislative authority districts, the port commissioner districts shall be the county legislative authority districts. In other instances where a port district is divided into commissioner districts, the port commission shall divide the port district into commissioner districts unless the commissioner districts have been described pursuant to RCW 53.04.031. The commissioner districts shall be altered as provided in chapter 53.16 RCW.

Commissioner districts shall be used as follows: (a) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (b) only the voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district.

(2) In port districts with five commissioners, two of the commissioner districts may include the entire port district if approved by the voters of the district either at the time of formation or at a subsequent port district election at which the issue is proposed pursuant to a resolution adopted by the board of commissioners and delivered to the county auditor."

Correct the title.

POINT OF ORDER

Representative Rust: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment to Senate Bill No. 6171.

With the consent of the House, amendment number 439 to Senate Bill No. 6171 was withdrawn.

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

Representatives Goldsmith and Carrell spoke in favor of passage of the bill.

Representative Rust spoke against passage of the bill.

MOTION

On motion of Representative McMahan, Representatives Campbell, Foreman, Huff, Pennington and Reams were excused.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6171.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6171 and the bill passed the House by the following vote: Yeas - 53, Nays - 40, Absent - 0, Excused - 5.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Dyer, Elliot, Fuhrman, Goldsmith, Grant, Hankins, Hickel, Honeyford, Horn, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Van Luven and Mr. Speaker - 53.

Voting nay: Representatives Appelwick, Brown, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Fisher, R., Hargrove, Hatfield, Hymes, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scheuerman, Scott, Smith, Sommers, H., Thomas, L., Thompson, Tokuda, Valle, Veloria and Wolfe - 40.

Excused: Representatives Campbell, Foreman, Huff, Pennington and Reams - 5.

Senate Bill No. 6171, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of Substitute Senate Bill No. 6637 and the bill held it's place on the second reading calendar.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6204, by Senate Committee on Law & Justice (originally sponsored by Senators Haugen, Smith, Winsley, Hale and Schow)

Redefining negligent driving.

The bill was read the second time. Committee on Law & Justice recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

There being no objection, the committee amendment was not adopted.

With the consent of the House, amendment numbers 417 and 426 to Engrossed Substitute Senate Bill No. 6204 were withdrawn.

Representative Robertson moved the adoption of the following amendment by Representative Robertson:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.61.525 and 1979 ex.s. c 136 s 86 are each amended to read as follows:

((It shall be unlawful for any person to operate a motor vehicle in a negligent manner. For the purpose of this section to "operate in a negligent manner" shall be construed to mean the operation of a vehicle in such a manner as to endanger or be likely to endanger any persons or property: PROVIDED HOWEVER, That any person operating a motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent shall not be guilty of negligent driving.

The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. Any person violating the provisions of this section will be guilty of a misdemeanor: PROVIDED, That the director may not revoke any license under this section, and such offense is not punishable by imprisonment or by a fine exceeding two hundred fifty dollars.)) (1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug.

(b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.

(2)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.

(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent.

(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.

(3) For the purposes of this section:

(a) "Negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

(b) "Exhibiting the effects of having consumed liquor" means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:

(i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or

(ii) Is shown by other evidence to have recently consumed liquor.

(c) "Exhibiting the effects of having consumed an illegal drug" means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either:

(i) Is in possession of an illegal drug; or

(ii) Is shown by other evidence to have recently consumed an illegal drug.

(d) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.

(4) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.

NEW SECTION. Sec. 2. (1) The office of the administrator for the courts shall collect data on the following after the effective date of this act:

(a) The number of arrests, charges, and convictions for negligent driving in the first degree;

(b) The number of notices of infraction issued for negligent driving in the second degree; and

(c) The number of charges for negligent driving that were the result of an amended charge from some other offense, and the numbers for each such other offense.

(2) The office of the administrator for the courts shall compile the collected data and make a report to the legislature no later than October 1, 1998.

Sec. 3. RCW 46.61.5055 and 1995 1st sp.s. c 17 s 2 are each amended to read as follows:

(1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:

(a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

(i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

(b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

(i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one hundred twenty days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

(2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

(i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

(i) By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four hundred fifty days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

(3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

(i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

(i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

(4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

(5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

(6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

(7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

(b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

(8)(a) A "prior offense" means any of the following:

(i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

(ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

(iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

(iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

(v) A conviction for a violation of RCW 46.61.525(1) or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

(vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), ((or)) (iv), or (v) of this subsection if committed in this state; ((or

(vi))) (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

(viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.525(1), or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.502, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

(b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.

Sec. 4. RCW 46.52.130 and 1994 c 275 s 16 are each amended to read as follows:

A certified abstract of the driving record shall be furnished only to the individual named in the abstract, an employer, the insurance carrier that has insurance in effect covering the employer or a prospective employer, the insurance carrier that has insurance in effect covering the named individual, the insurance carrier to which the named individual has applied, an alcohol/drug assessment or treatment agency approved by the department of social and health services, to which the named individual has applied or been assigned for evaluation or treatment, or city and county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years to insurance companies. Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five years to state approved alcohol/drug assessment or treatment agencies, except that the certified abstract shall also include records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of not more than the last ten years. Upon proper request, a certified abstract of the full driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual named in the abstract or to an employer or prospective employer of the named individual. The abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law; and the status of the person's driving privilege in this state. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer. Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate whether a recorded violation is an alcohol-related offense as defined in RCW 46.01.260(2) that was originally charged as one of the alcohol-related offenses designated in RCW 46.01.260(2)(a)(i).

The abstract provided to the insurance company shall exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any officer of the Washington state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the insurance company shall exclude a conviction for RCW 46.61.525(1), except that on a second conviction within five years the prior conviction shall be included as well as the second conviction. The abstract provided to the insurance company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the deferred prosecution as well as the removal.

The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.

Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any insurance company or its agent for underwriting purposes relating to the operation of noncommercial motor vehicles use any information contained in the abstract relative to any person's operation of commercial motor vehicles.

Any employer or prospective employer receiving the certified abstract shall use it exclusively for his or her own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.

Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.

Any violation of this section is a gross misdemeanor.

Sec. 5. RCW 46.20.021 and 1991 c 293 s 3 and 1991 c 73 s 1 are each reenacted and amended to read as follows:

(1) No person, except as expressly exempted by this chapter, may drive any motor vehicle upon a highway in this state unless the person has a valid driver's license issued to Washington residents under the provisions of this chapter. A violation of this subsection is a misdemeanor and is a lesser included offense within the offenses described in RCW 46.20.342(1) or 46.20.420. However, if a person in violation of this section provides the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop and is not in violation of RCW 46.20.342(1) or 46.20.420, the violation of this section is an infraction and is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she obtained a valid license after being cited, the court shall reduce the penalty to fifty dollars.

(2) For the purposes of obtaining a valid driver's license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:

(a) Becoming a registered voter in this state; or

(b) Receiving benefits under one of the Washington public assistance programs; or

(c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates.

(3) The term "Washington public assistance programs" referred to in subsection (2)(b) of this section includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds. Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to the food stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and aid to families with dependent children, 42 U.S.C. Secs. 601 through 606.

(4) No person shall receive a driver's license unless and until he or she surrenders to the department all valid driver's licenses in his or her possession issued to him or her by any other jurisdiction. The department shall establish a procedure to invalidate the surrendered photograph license and return it to the person. The invalidated license, along with the valid temporary Washington driver's license provided for in RCW 46.20.055(3), shall be accepted as proper identification. The department shall notify the issuing department that the licensee is now licensed in a new jurisdiction. No person shall be permitted to have more than one valid driver's license at any time.

(5) New Washington residents are allowed thirty days from the date they become residents as defined in this section to procure a valid Washington driver's license.

(6) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations.

Sec. 6. RCW 46.63.020 and 1995 1st sp.s. c 16 s 1, 1995 c 332 s 16, and 1995 c 256 s 25 are each reenacted and amended to read as follows:

Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

(2) RCW 46.09.130 relating to operation of nonhighway vehicles;

(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

(4) RCW 46.10.130 relating to the operation of snowmobiles;

(5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

(6) RCW 46.16.010 relating to initial registration of motor vehicles;

(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

(8) RCW 46.16.160 relating to vehicle trip permits;

(9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;

(10) RCW 46.20.021 relating to driving without a valid driver's license, unless the person cited for the violation provided the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop and was not in violation of RCW 46.20.342(1) or 46.20.420, in which case the violation is an infraction;

(11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

(12) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

(13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

(14) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

(15) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

(16) RCW 46.25.170 relating to commercial driver's licenses;

(17) Chapter 46.29 RCW relating to financial responsibility;

(18) RCW 46.30.040 relating to providing false evidence of financial responsibility;

(19) RCW 46.37.435 relating to wrongful installation of sunscreening material;

(20) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

(21) RCW 46.48.175 relating to the transportation of dangerous articles;

(22) RCW 46.52.010 relating to duty on striking an unattended car or other property;

(23) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(24) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

(25) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

(26) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

(27) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

(28) RCW 46.55.035 relating to prohibited practices by tow truck operators;

(29) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

(30) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

(31) RCW 46.61.022 relating to failure to stop and give identification to an officer;

(32) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

(33) RCW 46.61.500 relating to reckless driving;

(34) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

(35) RCW ((46.61.5055 (section 5, chapter 332 (Substitute Senate Bill No. 5141), Laws of 1995))) 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

(36) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

(37) RCW 46.61.522 relating to vehicular assault;

(38) RCW 46.61.525(1) relating to first degree negligent driving;

(39) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

(40) RCW 46.61.530 relating to racing of vehicles on highways;

(41) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

(42) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

(43) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

(44) Chapter 46.65 RCW relating to habitual traffic offenders;

(45) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

(46) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

(47) Chapter 46.80 RCW relating to motor vehicle wreckers;

(48) Chapter 46.82 RCW relating to driver's training schools;

(49) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

(50) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW."

Correct the title as necessary.

Representatives Robertson and Dellwo spoke in favor of adoption of the amendment.

The amendment was adopted.

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

Representatives Robertson and Appelwick spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6204 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6204 as amended by the House and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

Excused: Representatives Campbell, Foreman, Huff and Pennington - 4.

Engrossed Substitute Senate Bill No. 6204 as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6505, by Senate Committee on Government Operations (originally sponsored by Senators Hale and Haugen)

Clarifying and harmonizing provisions relating to cities and towns.

The bill was read the second time. Committee on Government Operations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

There being no objection, the committee amendment was adopted.

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

Representatives Reams and Rust spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6505 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6505 as amended by the House and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Campbell, Foreman, Huff and Pennington - 4.

Engrossed Substitute Senate Bill No. 6505 as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6637, by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long)

Limiting growth management hearings board discretion.

The bill was read the second time. Committee on Government Operations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

POINT OF ORDER

Representative Rust: Thank you Mr. Speaker. I would request a ruling on the scope and object on the committee amendment to Substitute Senate Bill No. 6637.

There being no objection, the House deferred further consideration of Substitute Senate Bill No. 6637 and the bill held it's place on the second reading calendar.

There being no objection, the House resumed consideration of Senate Bill No. 6672.

SPEAKER'S RULING

Representative Tokuda, the Speaker is prepared to rule on your point of order which requested a scope and object ruling on amendment 432 to Senate Bill No. 6672.

The title of the bill is: AN ACT Relating to reports of abuse of children and adult dependent and developmentally disabled person." The title is broad. The act amends RCW 26.44.030 and adds department of correction personnel to the list of professionals who must report suspected cases of abuse or neglect.

The act does not alter in any manner how reports of suspected abuse are made or kept.

Amendment 432 would not only amend RCW 26.44.030, as does the Senate Bill and the committee amendment, but would go on to amend RCW 26.44.035, 26.44.060, and RCW 10.97.060. These other sections are amended for purposes unrelated to and not limited to reports of suspected abuse that might be made by department of corrections personnel.

Amendment 432 is beyond the object of Senate Bill No. 6672.

Representative Tokuda, your point of order is well taken.

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

Representatives Cooke and Tokuda spoke in favor of passage of the bill.

MOTION

On motion of Representative Kessler, Representative H. Sommers was excused.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6672 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6672 as amended by the House and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.

Excused: Representatives Campbell, Foreman, Huff, Pennington and Sommers, H. - 5.

Senate Bill No. 6672 as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House resumed consideration of Substitute Senate Bill No. 6078.

SPEAKER'S RULING

Representative Ogden, the Speaker is prepared to rule on your point of order which raised scope and object objections to the transportation committee amendments to Substitute Senate Bill No. 6078.

The title of Substitute Senate Bill No. 6078 is: AN ACT Relating to the public presentation of information regarding regional transit authority projects. The title is not broad.

The bill and the committee amendment both amend RCW 81.104.140.

That chapter of law deals with High capacity transportation systems. As explained in both the Senate and House Bill reports the chapter deals with all transit agencies that are authorized to impose voter approved taxes to develop a high capacity transportation system.

Under the Senate Bill as introduced and as passed, all transit agencies subject to chapter 81.104 RCW, not just regional transit authorities, were relieved of the duty to publish a broacher describing their proposal. A review of the Senate Bill report shows that transit agencies, other than regional transit authorities, understood that this act applied to them and testified in favor of the act.

The Senate transportation committee added language that said an Regional transportation authority could not assume or imply the availability of state or federal funds. That amendment was adopted and became Substitute Senate Bill No. 6078.

The House transportation committee amendment simply applies the same restriction that the Senate added to regional transit authorities to any other transit agencies subject to RCW 81.104.140.

As noted above, transit agencies, other than regional transit authorities, were in Senate Bill No. 6078 as it was introduced and passed by the Senate.

The Speaker finds that the House committee amendment is not beyond the scope and object of Substitute Senate Bill No. 6078.

Representative Ogden, your point of order is not well taken.

There being no objection the committee amendment was moved.

Representative Ogden moved the adoption of the following amendment to the committee amendment by Representative Ogden:

On page 3, at the beginning of line 1 of the amendment, strike "agencies" and insert "regional transit authorities"

Representative Ogden spoke in favor of adoption of the amendment to the committee amendment.

Representative K. Schmidt spoke against adoption of the amendment to the committee amendment.

Representative Ogden again spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committee amendment was not adopted.

The committee amendment was adopted.

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

Representatives K. Schmidt and Cairnes spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6078 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6078 as amended by the House and the bill passed the House by the following vote: Yeas - 66, Nays - 27, Absent - 1, Excused - 4.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 66.

Voting nay: Representatives Appelwick, Basich, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Jacobsen, Keiser, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Tokuda, Valle and Veloria - 27.

Absent: Representative Wolfe - 1.

Excused: Representatives Foreman, Huff, Pennington and Sommers, H. - 4.

Substitute Senate Bill No. 6078 as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House resumed consideration of Substitute Senate Bill No. 6637.

Representative Rust withdrew the motion on the scope and object on the committee amendment.

There being no objection, the committee amendment was moved.

Representative Van Luven moved the adoption of the following amendment to the committee amendment by Representative Van Luven:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 36.70A.010 and 1990 1st ex.s. c 17 s 1 are each amended to read as follows:

The legislature finds that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state. It is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. The legislature further finds that many of the decisions by the growth management hearings boards have not accorded adequate deference to planning choices made by counties and cities. The legislature restates its intention that implementation of the growth management act focus on locally developed and locally implemented strategies to manage population growth, rather than planning decisions made at the state or regional level. Further, the legislature finds that it is in the public interest that economic development programs be shared with communities experiencing insufficient economic growth.

Sec. 2. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. This chapter does not establish or require that the following goals be given any particular priority. The growth management hearings boards, in any of their decisions, shall have no discretion to prioritize, balance, or rank these goals. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:

(1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.

(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.

(4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.

(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.

(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

(9) Open space and recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

(11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

Sec. 3. RCW 36.70A.280 and 1995 c 347 s 108 are each amended to read as follows:

(1) A growth management hearings board ((shall)) may exercise its discretion to hear and determine only those petitions alleging either:

(a) That an action of a state agency, county, or city planning under this chapter ((is not in compliance with the requirements of this chapter,)) or 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 is not supported by substantial evidence in the record developed before the state agency, county, or city; 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)) board has discretion to consider only petitions filed by a state agency, a county or a city that plans under this chapter, or a person. The petitioner must demonstrate that it: Has participated in the public adoption process of the county or city regarding the matter on which a review is being requested; can demonstrate that each issue presented in the petition for review was presented by the petitioner on the record during the public adoption process; and can demonstrate the petitioner's interests will suffer specific and perceptible harm if the action of the county or city is not reviewed.

(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. 4. RCW 36.70A.290 and 1995 c 347 s 109 are each 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)) board's discretion is limited to issuing a decision based solely 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. 5. RCW 36.70A.300 and 1995 c 347 s 110 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)) the matters within the board's discretion set forth in RCW 36.70A.280. The final order shall 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))). The boards do not have discretion to invalidate or make ineffective plans or development regulations during the period of remand.

(3) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board.

Sec. 6. RCW 36.70A.320 and 1995 c 347 s 111 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, and any other required actions 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 not have the discretion to substitute its own interpretation of this chapter for the interpretation made by the county or city acting under this chapter. The board shall defer to the county or city as to how the county or city balanced the goals set forth in RCW 36.70A.020 in the development of its comprehensive plan, development regulations, amendments thereto, and any other required actions adopted under this chapter. The board shall find compliance ((unless)) if it finds ((by a preponderance of the evidence)) that the interpretation or application of this chapter by the state agency, county, or city ((erroneously interpreted or applied this chapter)) is supported by substantial evidence in the record developed before the state agency, county, or city.

(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. 7. RCW 36.70A.330 and 1995 c 347 s 112 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 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.))

NEW SECTION. Sec. 8. It is the intent of the legislature that the discretion given to growth management hearings boards in chapter 347, Laws of 1995, to determine that a plan or regulation is invalid is null and void. Any board's exercise of discretion to determine a plan or regulations invalid made at any time is null, void, and of no effect. The legislature intends that this act have retroactive application and apply to determinations of invalidity made before, on, and after the effective date of this act."

On page 1, line 2 of the title, after "discretion;" strike the remainder of the title and insert "amending RCW 36.70A.010, 36.70A.020, 36.70A.280, 36.70A.290, 36.70A.300, 36.70A.320, and 36.70A.330; and creating a new section."

Representatives Van Luven, Cairnes and Reams spoke in favor of adoption of the amendment to the committee amendment.

Representative Scheuerman spoke against adoption of the amendment to the committee amendment.

POINT OF INQUIRY

Representative Reams yielded to a question by Representative Morris.

Representative Morris: This striking amendment is relatively new to our desks. I wonder if you could outline the differences between the striking amendment that you are supporting and the committee amendment.

Representative Reams: Yes. This is already done by Representative Van Luven who did outline that and were talking about sections number 1 and number 3. Those are the changes to this and I'd call your attention to those two sections. This get's to the issue of requiring that the boards respect the local elected officials planning choices. That's number one, so that we don't end up with super planners, that super impose their thoughts upon the local government that have the elected officials make this original decision so that's one of the main parts of this and then the second one is going to the question of evidence of on the record. What we're hoping is that we can build a record at the local government level and if local governments need help to do that we will help them. Last year we included additional hearings examiners to make it easier on people that do this, so that we can build a record that then can go to the (if it's appealed) can then go to the growth hearings boards. And the growth hearings boards will be hearing the same record with the same information as the local government had and we think that will improve the process.

The amendment to the committee amendment was adopted.

The committee amendment as amended was adopted.

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

Representatives Reams and Hymes spoke in favor of passage of the bill.

Representative Rust spoke against passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final of Substitute Senate Bill No. 6637 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6637 as amended by the House and the bill passed the House by the following vote: Yeas - 66, Nays - 30, Absent - 0, Excused - 2.

Voting yea: Representatives Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Costa, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Hymes, Johnson, Koster, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 66.

Voting nay: Representatives Appelwick, Backlund, Brown, Chopp, Cody, Cole, Conway, Dellwo, Dickerson, Dyer, Fisher, R., Jacobsen, Keiser, Kessler, Lambert, Mason, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Sommers, H., Thomas, B., Tokuda, Valle, Veloria and Wolfe - 30.

Excused: Representatives Huff and Pennington - 2.

Substitute Senate Bill No. 6637 as amended by the House, having received the constitutional majority, was declared passed.

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker (Representative Horn presiding) called the House to order.

ENGROSSED THIRD SUBSTITUTE SENATE BILL NO. 6062, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Quigley, Moyer, Fairley, Wood, Wojahn and Winsley)

Making welfare work.

The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47th Day, February 23, 1996.)

There being no objection, the committee amendment was not adopted.

With the consent of the House, amendment numbers 440 and 437 to Engrossed Third Substitute Senate Bill No. 6062 were withdrawn.

Representative Cooke moved the adoption of the following amendment by Representative Cooke:

Strike everything after the enacting clause and insert the following:

NEW SECTION. Sec. 1. INTENT. The legislature finds that it is important for the well-being of society, and for the families receiving aid to families with dependent children, that the provision of welfare from the public treasury reflects the values of mainstream American culture, specifically the importance of work, personal responsibility, and accountability for individual actions, and the value of the marriage commitment to each member of the family, including the children.

Therefore, it is the public policy of the state of Washington, through its aid to families with dependent children program, to require every able-bodied citizen on aid to families with dependent children to engage in paid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage teen pregnancy by unwed parents as an action that is destructive to society.

Therefore, the legislature intends that:

(1) Income and employment assistance programs emphasize the temporary nature of welfare and set goals of responsibility, work, and independence;

(2) Employment assistance resources focus on employable recipients who are most at risk of a long-term stay on welfare;

(3) Caretakers receiving public assistance sign a contract delineating their obligation and responsibility to comply with requirements for work, training, and personal responsibility;

(4) Specific time limits for the receipt of public assistance be set for recipients of aid to families with dependent children;

(5) Unmarried parents who are minors generally will be ineligible for direct assistance under the aid to families with dependent children program; and

(6) Community-based organizations such as churches, synagogues, nonprofit service providers, and business and labor organizations, have a greater role and responsibility in helping to meet the needs of children and families.

PART I. TARGET GROUPS

NEW SECTION. Sec. 101. A new section is added to chapter 74.25 RCW to read as follows:

TARGET GROUP CONTRACTS. The department shall assess each caretaker and, based on this assessment, refer the caretaker to the appropriate target group as provided under sections 102, 103, and 104 of this act, unless the caretaker is not or would not be required to sign a contract under section 301(3) of this act. Assessments shall be based upon age, age of dependents, education, condition of incapacity, and employment history. The assessment and referral of caretakers who are applicants for assistance on or after the effective date of this section shall be made as part of the application approval process. The assessment and referral of caretakers who have been approved for assistance before the effective date of this section shall be completed within twelve months after that date.

A. JOB-READY TARGET GROUP

NEW SECTION. Sec. 102. A new section is added to chapter 74.25 RCW to read as follows:

JOB-READY TARGET GROUP. All caretakers who are age eighteen or older and have an employment history in which the most recent job paid six dollars and fifty cents per hour or more, already possess job skills, or are likely to be reemployed with minimal services, shall be referred to the job-ready target group. Caretakers shall be entitled to grant assistance if they participate in sixteen weeks of job search within the first twenty-six weeks after signing an initial contract under section 301 of this act. All caretakers receiving aid to families with dependent children-employable shall be included in the job-ready target group. It is the intent of the legislature to refrain from excess expenditures on this group of aid to families with dependent children caretakers, as studies have demonstrated that job-ready individuals leave aid to families with dependent children quickly with minimal public help. Assessment and administrative costs shall be kept to a minimal level for this target group. Any caretakers in this group who do not have paid employment after sixteen weeks of job search within the first twenty-six weeks shall contract with the department for participation in the job preparation target group.

B. JOB PREPARATION TARGET GROUP

NEW SECTION. Sec. 103. A new section is added to chapter 74.25 RCW to read as follows:

JOB PREPARATION TARGET GROUP. All caretakers who are age eighteen or older and do not meet the qualifications for participation in the job-ready target group or who have been in the job-ready target group for twenty-six weeks without obtaining employment, shall be required, as a condition of benefit receipt, to enroll and participate in a program required by chapter . . ., Laws of 1996 (this act) under the job opportunities and basic skills training program.

C. YOUNG PARENT TARGET GROUP

NEW SECTION. Sec. 104. A new section is added to chapter 74.25 RCW to read as follows:

YOUNG PARENT TARGET GROUP. All caretakers under the age of twenty-four years who do not possess a high school diploma or a GED shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED.

PART II. JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM

Sec. 201. RCW 74.25.010 and 1994 c 299 s 6 are each amended to read as follows:

The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of ((public assistance)) aid to families with dependent children, through employment, training, and education. In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children. ((The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain appropriate education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency.)) The job opportunities and basic skills training program shall provide employment and training and education support services to assist caretakers under chapter 74.12 RCW to obtain employment. The program shall be operated by the department of social and health services in conformance with federal law ((and consistent with the following legislative findings:)).

(1) The legislature finds that the well-being of children depends ((not only on meeting their material needs, but also)) on the ability of parents to become economically self-sufficient. It is in this way that the material needs of children can best be met. The job opportunities and basic skills training program is specifically directed at increasing the labor force participation and household earnings of aid to families with dependent children recipients, through the removal of barriers preventing them from achieving self-sufficiency. ((These barriers include, but are not limited to, the lack of recent work experience, supportive services such as affordable and reliable child care, adequate transportation, appropriate counseling, and necessary job-related tools, equipment, books, clothing, and supplies, the absence of basic literacy skills, the lack of educational attainment sufficient to meet labor market demands for career employees, and the nonavailability of useful labor market assessments.))

(2) The legislature ((also)) recognizes that aid to families with dependent children recipients ((must be acknowledged as active)) are participants in self-sufficiency planning under the program. The legislature finds that the department of social and health services should clearly communicate ((concepts of the importance)) the requirement of work, the time-limited nature of public assistance, and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants. The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.

(3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.

(4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is ((one of the most)) an important tool((s)) an individual needs to achieve full independence, and that this should be ((an important)) a component of the program.

(5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.

(6) The legislature finds that a critical component for successful reductions in the aid to families with dependent children caseloads is employment. Employment opportunities must be increased through public-private partnerships. The department shall work with the private sector to meet market needs, increase employability through on-the-job training opportunities, and develop incentives for employers to hire and train recipients.

Sec. 202. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

(1) The department of social and health services ((is authorized to)) shall contract for all functions of the jobs opportunities and basic skills program not specifically prohibited by federal law with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. ((The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program.)) No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services. The department, through its regional offices, shall collaborate with employers, recipients, education institutions, labor, private industry councils, the work force training and education coordinating board, community rehabilitation employment programs, local governments, the employment security department, and community action agencies to develop work programs that are effective and work in their communities. For planning purposes, the department shall collect and make accessible to regional offices successful work program models from around the United States, including the employment partnership program, the full employment act, apprenticeship programs, and W-2 Wisconsin works. Work programs shall incorporate local volunteer citizens in their planning and implementation phases to ensure community relevance and success.

(2) ((To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation.

(3))) The department of social and health services shall adopt rules under chapter 34.05 RCW ((establishing)) that conform to the criteria in federal law for mandatory program participation as well as establish criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. ((These)) The good cause criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age six years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

(3) Participants in the job preparation target group shall each be limited to the components of their initial contract unless good cause for exception is presented.

(4) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.

(5) Responsible parents who are unable to make their child support payments for a child receiving aid to families with dependent children shall participate in the job opportunities and basic skills program under this chapter.

(6) Except for subsection (7) of this section, section 202, chapter . . ., Laws of 1996 (this section) shall not take effect if sections 301, 302, 305, and 306 of this act do not become law.

(7) Section 7, chapter 312, Laws of 1993 is repealed if sections 301, 302, 305, and 306 of this act do not become law.

NEW SECTION. Sec. 203. A new section is added to chapter 74.25 RCW to read as follows:

COMMUNITY SERVICE PROGRAM. A caretaker participating in a community service program shall locate a community service experience of at least one hundred hours per month with any willing public or private organization and provide documentation, signed by the recipient under penalty of perjury, to the department of his or her participation on forms established in rule by the department. Compliance shall be subject to random checks by the department.

NEW SECTION. Sec. 204. A new section is added to chapter 74.13 RCW to read as follows:

(1) The department shall operate an employment child care program for low-income working parents who are not receiving aid to families with dependent children.

(2) Families with gross income at or below thirty-eight percent of state median income adjusted for family size are eligible for employment child care subsidies with a minimum copayment. Families with gross income above thirty-eight percent and at or below fifty-two percent of the state median income adjusted for family size are eligible for an employment child care subsidy with a calculated copayment.

(3) The department shall provide a priority for recent recipients of aid to families with dependent children who are within twelve weeks of losing their transitional child care benefits.

(4) The department shall provide employment child care subsidies for families meeting eligibility standards under this section, within funds appropriated by the legislature for this purpose.

NEW SECTION. Sec. 205. A new section is added to chapter 74.12 RCW to read as follows:

(1) Under the authority to establish ratable reductions and grant maximums pursuant to RCW 74.04.770, the department shall, by rule, increase the current ratable reduction for all recipients of aid to families with dependent children. The ratable reduction shall result in a nine percent reduction in the monthly payment standards under the aid to families with dependent children program. The increased ratable reduction shall be in addition to any ratable reduction caused by annual adjustments to consolidated standards of need.

(2) All funds generated by the increased ratable reduction shall be used by the department to provide recipients of aid to families with dependent children with work and training-related services and child care services required under this chapter and chapter 74.25 RCW.

PART III. CONTRACTS FOR PERSONAL RESPONSIBILITY

NEW SECTION. Sec. 301. A new section is added to chapter 74.12 RCW to read as follows:

(1) A family receiving or applying for assistance under the aid to families with dependent children program is ineligible for continued or new assistance if the caretaker and the department have not entered into a contract satisfying the requirements of this section.

(2) The contract shall (a) be entered into by the department and caretaker on a form prescribed by the department; (b) contain a list of the available benefits to which the family is eligible, including referral to available community resources; (c) contain a summary of the responsibilities that the caretaker must exercise for receipt of such benefits, including, where appropriate, high school completion or GED programs; (d) contain a statement of the rule in section 302 of this act prohibiting additional assistance for additional children; (e) contain a statement of the rules in section 305 of this act governing the duration of the contract; and (f) contain a statement of the rules in section 306 of this act governing time limits.

(3) Caretakers are not required to enter into a contract under this section if:

(a) The caretaker is incapacitated or needed in the home to care for a member of the household who is incapacitated. The caretaker shall submit documentation of the incapacity indicating the incapacity will last at least ninety days. Such documentation shall be obtained by the caretaker from a health care practitioner regulated under Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition purported to cause the incapacity;

(b) The caretaker has experienced domestic violence as defined in RCW 26.50 010(1) or sexual assault as defined in RCW 70.125.030(6) that results in the caretaker being incapacitated. The caretaker shall submit documentation of the incapacity indicating the incapacity will last at least ninety days. Such documentation shall be obtained by the caretaker from a health care practitioner regulated under Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition purported to cause the incapacity;

(c) The caretaker is needed in the home to care for a child under age two. This one-time exemption ends in the month the child is two years old and does not apply to any subsequent children; or

(d) The caretaker is a minor.

(4) The department may adopt rules postponing the date by which any provision or provisions of subsections (1) and (2) of this section will apply to caretakers who have been approved for assistance before the effective date of this section. However, such postponement may not be for longer than twelve months after the effective date of this section.

(5) The provision of assistance under a contract entered into under this section is not an entitlement, but is a charitable gesture or gift on the part of the state, which at any time may be discontinued.

NEW SECTION. Sec. 302. A new section is added to chapter 74.12 RCW to read as follows:

The monthly benefit payment paid to a caretaker shall not be increased as a result of the caretaker's becoming the biological parent of any additional child or children born more than three hundred days after the day on which the caretaker first applied for assistance under this chapter. Caretakers receiving assistance under this chapter on the effective date of this section shall, for purposes of this section, be considered to have first applied for assistance on the effective date of this section.

NEW SECTION. Sec. 303. A new section is added to chapter 74.20A RCW to read as follows:

If a caretaker receiving cash assistance under the aid to families with dependent children program does not receive additional cash benefits for an additional child born more than three hundred days after aid to families with dependent children benefits were first applied for, as provided in section 302 of this act, the department must pay to the caretaker the full amount of any child support payments made to the department by the responsible parent on behalf of the additional child.

NEW SECTION. Sec. 304. A new section is added to chapter 74.12 RCW to read as follows:

Child support payments made to a caretaker under section 303 of this act shall be exempt from consideration as income when determining need.

NEW SECTION. Sec. 305. A new section is added to chapter 74.12 RCW to read as follows:

A contract entered into under section 301 of this act shall expire twenty-four calendar months after the month in which the caretaker first entered into a contract under section 301 of this act unless it is reviewed and modified, as the department finds appropriate, for an additional period or periods of not to exceed six months each. Under no circumstances may the department continue a contract or provide for monthly benefit payments beyond the forty-two-month limit prescribed in section 306 of this act. For a contract to be reviewed and modified, the caretaker must have requested the review and modification, have complied with the current terms of the contract, and have satisfied all eligibility requirements, including those requirements specified in section 306 of this act.

NEW SECTION. Sec. 306. A new section is added to chapter 74.12 RCW to read as follows:

(1) After a caretaker has received twenty-four monthly benefit payments pursuant to a contract entered into under section 301 of this act, the caretaker shall not be eligible for any additional monthly payments unless the caretaker qualifies for additional assistance under subsection (2) of this section.

(2)(a) After a caretaker has received twenty-four monthly benefit payments under this chapter, the caretaker, if otherwise eligible, shall qualify for the reduced monthly benefit payments provided in (b) of this subsection:

(i) During any month in which the caretaker is gainfully employed;

(ii) During any month in which the caretaker participates in a community volunteer experience pursuant to section 305 of this act;

(iii) During any month in which the caretaker works as a volunteer in a child care facility pursuant to RCW 74.25.040; or

(iv) During any month in which the caretaker provides paid child care services for other caretakers participating in either paid employment or other activities under the job opportunities and basic skills training program.

(b) The reduced monthly benefits to a caretaker who qualifies under (a) of this subsection shall be as follows: For the twenty-fifth through the thirtieth month, the department shall reduce the monthly benefit payment to eighty percent of the payment standard; for the thirty-first through the thirty-sixth month, the department shall reduce the monthly benefit payment to sixty percent of the payment standard; for the thirty-seventh through the forty-second month, the department shall reduce the monthly benefit payment to forty percent of the payment standard. Following the receipt of forty-two monthly benefit payments, a caretaker is forever ineligible to apply for or receive any further assistance under this chapter.

(3) For the purposes of applying the rules of this section, the department shall count both consecutive and nonconsecutive months in which a caretaker received a monthly benefit payment or a portion of a monthly benefit payment.

(4) The department shall refer caretakers who require specialized assistance to appropriate department programs, crime victims' programs through the department of community, trade, and economic development, or the crime victims' compensation program of the department of labor and industries.

NEW SECTION. Sec. 307. A new section is added to chapter 74.12 RCW to read as follows:

For the purposes of determining whether an aid to families with dependent children recipient shall receive reduced monthly benefits as provided for by this chapter as now or hereafter amended, length of stay shall be determined based on actual months of receipt of public assistance, including months prior to the effective date of this section but not before June 9, 1994, the effective date of section 9, chapter 299, Laws of 1994 (Engrossed Second Substitute House Bill No. 2798). In no case shall benefits be reduced under this chapter before July 1, 1997.

NEW SECTION. Sec. 308. A new section is added to chapter 74.12 RCW to read as follows:

In addition to their monthly benefit payment, caretakers may earn and keep thirty dollars and one-third of the remainder of their earnings during every month they are eligible to receive assistance under this chapter.

NEW SECTION. Sec. 309. A new section is added to chapter 74.12 RCW to read as follows:

(1) The department of social and health services shall adopt rules to implement sections 301, 302, 304, and 305 of this act and to enforce contracts adopted under section 301 of this act. However, it may not adopt such rules unless it has complied with subsections (2) and (3) of this section.

(2) The joint legislative oversight committee, consisting of two members from each caucus of the house of representatives and two members from each caucus of the senate, is created. Within sixty days after the effective date of this section, the department shall submit copies of its proposed rules under this section to the secretary of the senate and the chief clerk of the house of representatives for distribution to the joint committee. The committee shall review the proposed rules and shall provide the department with its comments, if any, on the proposed rules.

(3) When the committee comments on proposed rules, the committee shall give the department written notice of its findings and reasons therefor.

(4) The joint legislative oversight committee shall study the extent to which minor parents receiving aid to families with dependent children may be victimized by males fathering children for whom they do not provide support. The joint legislative oversight committee shall make recommendations to the appropriate committees of the legislature by December 1, 1996. The department of social and health services shall cooperate with the study by providing information as requested regarding the unmarried minor parents related to the aid to families with dependent children caseload, the extent to which aid to families with dependent children recipients in these circumstances receive ordered child support, and other information relevant to the subject of predatory nonsupport.

NEW SECTION. Sec. 310. A new section is added to chapter 74.12 RCW to read as follows:

In order to be eligible for aid to families with dependent children, applicants shall, at the time of application for assistance, provide the names of both parents of their child or children, whether born or unborn, unless the applicant meets federal criteria for refusing such identification.

PART IV. MINOR PARENT PROVISIONS

Sec. 401. RCW 26.16.205 and 1990 1st ex.s. c 2 s 13 are each amended to read as follows:

The expenses of the family and the education of the children, including stepchildren and any child of whom their minor child is a biological parent, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren or children of the stepchildren. The obligation to support stepchildren and children of stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death. The obligation of a husband and wife to support a child of their minor child terminates when their minor child reaches eighteen years of age, however, a stepparent's support obligation may be terminated earlier as provided for in this section.

Sec. 402. RCW 74.20A.020 and 1990 1st ex.s. c 2 s 15 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:

(1) "Department" means the state department of social and health services.

(2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.

(3) "Dependent child" means any person:

(a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or

(b) Over the age of eighteen for whom a court order for support exists.

(4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.

(5) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.

(6) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.

(7) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics and includes the parent of an unmarried minor with a child.

(8) "Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.

(9) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.

(10) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.

(11) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Sec. 403. RCW 74.12.255 and 1994 c 299 s 33 are each amended to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and either pregnant or having a dependent child or children in the applicant's care. An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)). It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.

(2) ((An applicant under eighteen years of age who is either pregnant or has a dependent child and is not living in a situation described in subsection (1) of this section shall be)) A minor parent or pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut the presumption, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

(3) The department shall consider any statements or opinions by either parent of the ((teen recipient)) unmarried minor as to an appropriate living situation for the ((teen)) minor and his or her children, whether in the parental home or other situation. If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

The department shall provide the parents ((shall have)) or parent with the opportunity to make a showing((, based on the preponderance of the evidence,)) that the parental home, or home of the other relative placement, is the most appropriate living situation. It shall be presumed in any administrative or judicial proceeding conducted under this subsection that the parental home or other relative placement requested by the parents or parent is the most appropriate living situation. This presumption is rebuttable.

(4) In cases in which the ((head of household is under eighteen years of age,)) minor is unmarried((,)) and unemployed, ((and requests information on adoption,)) the department shall, as part of the determination of the appropriate living situation, provide information about adoption including referral to community-based organizations ((for)) providing counseling.

Sec. 404. RCW 74.04.0052 and 1994 c 299 s 34 are each amended to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and pregnant who are eligible for general assistance as defined in RCW 74.04.005(6)(a)(ii)(A). An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)). It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.

(2) ((An applicant under eighteen years of age who is pregnant and is not living in a situation described in subsection (1) of this section shall be)) A pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut the presumption, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

(3) The department shall consider any statements or opinions by either parent of the ((teen recipient)) unmarried minor as to an appropriate living situation for the ((teen)) minor, whether in the parental home or other situation. If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

NEW SECTION. Sec. 405. A new section is added to chapter 74.12 RCW to read as follows:

The parents of an unmarried minor who has a child are responsible for the support of the minor and child. The unmarried minor and the minor's child shall be considered to be part of the household of the minor's parents or parent for purposes of determining eligibility for aid to families with dependent children and general assistance for pregnant women as defined in RCW 74.04.005(6)(a)(ii)(A); and as such, the income and resources of the entire household are considered to be available to support the unmarried minor and his or her child.

Sec. 406. RCW 13.34.160 and 1993 c 358 s 2 are each amended to read as follows:

(1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.

(2) For purposes of this section, if a dependent child's parent is an unmarried minor, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age.

Sec. 407. RCW 74.12.250 and 1963 c 228 s 21 are each amended to read as follows:

If the department, after investigation, finds that any applicant for assistance under this chapter or any recipient of funds under ((an aid to families with dependent children grant)) this chapter would not use, or is not utilizing, the grant adequately for the needs of ((the)) his or her child or children or would dissipate the grant or is ((otherwise)) dissipating such grant, or would be or is unable to manage adequately the funds paid on behalf of said child and that to provide or continue ((said)) payments to ((him)) the applicant or recipient would be contrary to the welfare of the child, the department may make such payments to another individual who is interested in or concerned with the welfare of such child and relative: PROVIDED, That the department shall provide such counseling and other services as are available and necessary to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family. Periodic review of each case shall be made by the department to determine if said relative is able to resume management of the assistance grant. If after a reasonable period of time the payments to the relative cannot be resumed, the department may request the attorney general to file a petition in the superior court for the appointment of a guardian for the child or children. Such petition shall set forth the facts warranting such appointment. Notice of the hearing on such petition shall be served upon the recipient and the department not less than ten days before the date set for such hearing. Such petition may be filed with the clerk of superior court and all process issued and served without payment of costs. If upon the hearing of such petition the court is satisfied that it is for the best interest of the child or children, and all parties concerned, that a guardian be appointed, he shall order the appointment, and may require the guardian to render to the court a detailed itemized account of expenditures of such assistance payments at such time as the court may deem advisable.

It is the intention of this section that the guardianship herein provided for shall be a special and limited guardianship solely for the purpose of safeguarding the assistance grants made to dependent children. Such guardianship shall terminate upon the termination of such assistance grant, or sooner on order of the court, upon good cause shown.

PART V. LICENSE SUSPENSION

NEW SECTION. Sec. 501. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended, not issued, or not renewed if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension, nonrenewal, and denial.

In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or if such payment schedule would cause a substantial hardship, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.

NEW SECTION. Sec. 502. A new section is added to chapter 74.20A RCW to read as follows:

(1) As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

(a) "Licensing entity" includes any department, board, commission, or other organization of the state authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, or the operation of a motor vehicle, and includes the Washington state supreme court, to the extent that a rule has been adopted by the court to implement suspension of licenses related to the practice of law.

(b) "Noncompliance with a child support order" means a responsible parent has:

(i) Accumulated arrears totaling more than six months of child support payments;

(ii) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or

(iii) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.

(c) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or the operation of a motor vehicle.

(d) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or the operation of a motor vehicle.

(2) The department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order. The department shall attach a copy of the responsible parent's child support order to the notice. Service of the notice must be by certified mail, return receipt requested. If, after seven mailing days, the department does not receive a return receipt, service shall be by personal service.

(3) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:

(a) The parent may request an adjudicative proceeding to contest the issue of compliance. The only issues that may be considered at the adjudicative proceeding are whether the parent is required to pay child support under a child support order and whether the parent is in compliance with that order;

(b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service of the notice;

(c) If the parent requests an adjudicative proceeding within twenty days of service, the department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order pending entry of a written decision after the adjudicative proceeding;

(d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a child support order, the department will certify the parent's name to the department of licensing and any appropriate licensing entity for noncompliance with a child support order;

(e) The department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance if the parent agrees to make timely payments of current support and agrees to a reasonable payment schedule for payment of the arrears. It is the parent's responsibility to contact in person or by mail the department's division of child support office indicated on the notice within twenty days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty days after contact from a parent to arrange for a payment schedule;

(f) If the department certifies the responsible parent to the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity will suspend, not renew, or not issue the parent's license and the department of licensing will suspend, not renew, or not issue any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a written release from the department stating that the responsible parent is in compliance with the child support order;

(g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;

(h) If after receiving the notice of noncompliance with a child support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation established by an administrative decision, the department or the court shall stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order until a final decision or order is entered. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and

(i) If the responsible parent subsequently becomes in compliance with the child support order, the department will promptly provide the parent with a written release stating that the parent is in compliance with the order, and the parent may request that the licensing entity or the department of licensing reinstate the suspended license.

(4) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (2) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay child support under a child support order and whether the responsible parent is in compliance with the order.

(5) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.

(6) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall the stay continue for more than thirty days from the date of contact by the parent. The department shall establish a schedule for payment of arrears that is fair and reasonable, and that considers the financial situation of the responsible parent and the needs of all children who rely on the responsible parent for support. At the end of the thirty days, if no payment schedule has been agreed to in writing, the department shall proceed with certification of noncompliance.

(7) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.

(8) The department may certify in writing to the department of licensing and any appropriate licensing entity the name of a responsible parent who is not in compliance with a child support order if:

(a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (2) of this section and is not in compliance with a child support order twenty-one days after service of the notice;

(b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a child support order;

(c) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order; or

(d) The department and the responsible parent have been unable to agree on a fair and reasonable schedule for payment of the arrears.

The department shall send by certified mail, return receipt requested a copy of any certification of noncompliance filed with the department of licensing or a licensing entity to the responsible parent at the responsible parent's most recent address of record.

(9) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (8) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a child support order.

(10) When a responsible parent who is served notice under subsection (2) of this section subsequently complies with the child support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order. A copy of that release shall be transmitted to the appropriate licensing entities.

(11) The department may adopt rules to implement and enforce the requirements of this section.

(12) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the child support obligation, the department or the court may stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order until a final decision or order is entered. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.

(13) The department of licensing and a licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of licensing receives a copy of the written release specified in subsection (10) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.

(14) Consistent with the intent of chapter . . ., Laws of 1996 (this act), the department shall develop rules and procedures for implementing the requirements of this section and applying the standards provided in this section. The department shall deliver a copy of these rules and procedures to the appropriate committees of the senate and the house of representatives no later than June 30, 1997.

NEW SECTION. Sec. 503. A new section is added to chapter 74.20A RCW to read as follows:

(1) The department of social and health services and all of the various licensing entities subject to section 502 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 502 of this act, but only to the extent the departments and the licensing entities determine it is cost-effective.

(2) On or before January 1, 1997, and quarterly thereafter, the department of social and health services and all licensing entities subject to section 502 of this act shall perform a comparison of responsible parents who are not in compliance with a child support order, as defined in section 502 of this act, with all licensees subject to chapter . . ., Laws of 1996 (this act). The comparison may be conducted electronically, or by any other means that is jointly agreeable between the department and the particular licensing entity. The data shared shall be limited to those items necessary to implementation of chapter . . ., Laws of 1996 (this act). The purpose of the comparison shall be to identify current licensees who are not in compliance with a child support order, and to provide to the department of social and health services the following information regarding those licensees:

(a) Name;

(b) Date of birth;

(d) Federal employer identification number or social security number;

(e) Type of license;

(f) Effective date of license or renewal;

(g) Expiration date of license; and

(h) Active or inactive status.

NEW SECTION. Sec. 504. A new section is added to chapter 74.20A RCW to read as follows:

In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 502 of this act, the department shall report the following to the legislature and the governor on December 1, 1997, and annually thereafter:

(1) The number of responsible parents identified as licensees subject to section 502 of this act;

(2) The number of responsible parents identified by the department as not in compliance with a child support order;

(3) The number of notices of noncompliance served upon responsible parents by the department;

(4) The number of responsible parents served a notice of noncompliance who request an adjudicative proceeding;

(5) The number of adjudicative proceedings held, and the results of the adjudicative proceedings;

(6) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a child support order, and the type of license the parents held;

(7) The costs incurred in the implementation and enforcement of section 502 of this act and an estimate of the amount of child support collected due to the departments under section 502 of this act;

(8) Any other information regarding this program that the department feels will assist in evaluation of the program;

(9) Recommendations for the addition of specific licenses in the program or exclusion of specific licenses from the program, and reasons for such recommendations; and

(10) Any recommendations for statutory changes necessary for the cost-effective management of the program.

Sec. 505. RCW 46.20.291 and 1993 c 501 s 4 are each amended to read as follows:

The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:

(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;

(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;

(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;

(4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3); ((or))

(5) Has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289; ((or))

(6) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.336; or

(7) Has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act.

Sec. 506. RCW 46.20.311 and 1995 c 332 s 11 are each amended to read as follows:

(1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order as provided in section 607 of this act, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services or a court stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.

(2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

(3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.

NEW SECTION. Sec. 507. A new section is added to chapter 48.22 RCW to read as follows:

A motor vehicle liability insurance policy that contains any provision excluding insurance coverage for an unlicensed driver shall not apply for ninety days from the date of suspension in the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW or for noncompliance with a residential or visitation order as provided in chapter 26.09 RCW.

NEW SECTION. Sec. 508. ATTORNEYS. The legislature intends that the license suspension program established in chapter 74.20A RCW be implemented fairly to ensure that child support obligations are met. However, being mindful of the separations of powers and responsibilities among the branches of government, the legislature strongly encourages the state supreme court to adopt rules providing for suspension and denial of licenses related to the practice of law to those individuals who are in noncompliance with a support order.

NEW SECTION. Sec. 509. A new section is added to chapter 2.48 RCW to read as follows:

ATTORNEYS. The Washington state supreme court may provide by rule that no person who has been certified by the department of social and health services as a person who is in noncompliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be admitted to the practice of law in this state, and that any member of the Washington state bar association who has been certified by the department of social and health services as a person who is in noncompliance with a support order as provided in section 502 of this act or by a court as in noncompliance with a residential or visitation order under section 607 of this act shall be immediately suspended from membership. The court's rules may provide for review of an application for admission or reinstatement of membership after the department of social and health services or a court has issued a written release stating that the person is in compliance with the order.

NEW SECTION. Sec. 510. A new section is added to chapter 18.04 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of "certified public accountant." The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The board shall immediately suspend the certificate or license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 511. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:

(1) Upon application in writing and after hearing pursuant to notice, the board may:

(((1))) (a) Modify the suspension of, or reissue a certificate or license to, an individual whose certificate has been revoked or suspended; or

(((2))) (b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.

(2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW, or a residential or visitation order as provided in section 607 of this act if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.

Sec. 512. RCW 18.08.350 and 1993 c 475 s 1 are each amended to read as follows:

(1) Except as provided in section 514 of this act, a certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

(2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

(3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

(a) Have an accredited architectural degree and three years' practical architectural work experience approved by the board, which may include designing buildings as a principal activity. At least two years' work experience must be supervised by an architect with detailed professional knowledge of the work of the applicant;

(b) Have eight years' practical architectural work experience approved by the board. Each year spent in an accredited architectural program approved by the board shall be considered one year of practical experience. At least four years' practical work experience shall be under the direct supervision of an architect; or

(c) Be a person who has been designing buildings as a principal activity for eight years, or has an equivalent combination of education and experience, but who was not registered under chapter 323, Laws of 1959, as amended, as it existed before July 28, 1992, provided that application is made within four years after July 28, 1992. Nothing in this chapter prevents such a person from designing buildings for four years after July 28, 1992, or the five-year period allowed for completion of the examination process, after that person has applied for registration. A person who has been designing buildings and is qualified under this subsection shall, upon application to the board of registration for architects, be allowed to take the examination for architect registration on an equal basis with other applicants.

Sec. 513. RCW 18.08.350 and 1993 c 475 s 2 are each amended to read as follows:

(2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

(3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

NEW SECTION. Sec. 514. A new section is added to chapter 18.08 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.

Sec. 515. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:

(1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.

(2) No license may be issued by the department to any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:

(a) Misrepresentation or concealment of material facts in obtaining a license;

(b) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;

(d) Misleading or false advertising;

(e) A pattern of substantial misrepresentations related to auctioneering or auction company business;

(f) Failure to cooperate with the department in any investigation or disciplinary action;

(g) Nonpayment of an administrative fine prior to renewal of a license;

(h) Aiding an unlicensed person to practice as an auctioneer or as an auction company; and

(i) Any other violations of this chapter.

(4) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 516. RCW 18.16.100 and 1991 c 324 s 6 are each amended to read as follows:

(1) Upon payment of the proper fee, except as provided in section 517 of this act the director shall issue the appropriate license to any person who:

(a) Is at least seventeen years of age or older;

(b) Has completed and graduated from a course approved by the director of sixteen hundred hours of training in cosmetology, one thousand hours of training in barbering, five hundred hours of training in manicuring, five hundred hours of training in esthetics, and/or five hundred hours of training as an instructor-trainee; and

(2) A person currently licensed under this chapter may qualify for examination and licensure, after the required examination is passed, in another category if he or she has completed the crossover training course approved by the director.

(3) Upon payment of the proper fee, the director shall issue a salon/shop license to the operator of a salon/shop if the salon/shop meets the other requirements of this chapter as demonstrated by information submitted by the operator.

(4) The director may consult with the state board of health and the department of labor and industries in establishing training and examination requirements.

NEW SECTION. Sec. 517. A new section is added to chapter 18.16 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 518. A new section is added to chapter 18.20 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 519. RCW 18.27.030 and 1992 c 217 s 1 are each amended to read as follows:

(1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:

(a) Employer social security number.

(b) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington.

(d) State excise tax registration number.

(e) Unified business identifier (UBI) account number may be substituted for the information required by (b), (c), and (d) of this subsection.

(f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.

(g) The name and address of each partner if the applicant be a firm or partnership, or the name and address of the owner if the applicant be an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant be a corporation. The information contained in such application shall be a matter of public record and open to public inspection.

(2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

(3) Registration shall be denied if the applicant has been previously registered as a sole proprietor, partnership or corporation, and was a principal or officer of the corporation, and if the applicant has an unsatisfied final judgment in an action based on RCW 18.27.040 that incurred during a previous registration under this chapter.

(4) Registration shall be denied if the applicant has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed and the person may be registered under this chapter if the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 520. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

(1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

(2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for:

(a) One year;

(b) Until the bond expires; or

(c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.

(3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.

(4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor.

(5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who either (a) is not in compliance with a support order as provided in section 502 of this act, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. The certificate of registration shall not be reissued or renewed unless the person provides to the department a written release from the department of social and health services or a court stating that he or she is in compliance with the order and the person has continued to meet all other requirements for certification during the suspension.

Sec. 521. RCW 18.28.060 and 1979 c 156 s 3 are each amended to read as follows:

Except as provided in section 522 of this act, the director shall issue a license to an applicant if the following requirements are met:

(1) The application is complete and the applicant has complied with RCW 18.28.030.

(2) Neither an individual applicant, nor any of the applicant's members if the applicant is a partnership or association, nor any of the applicant's officers or directors if the applicant is a corporation: (a) Has ever been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other like offense, or has been disbarred from the practice of law; (b) has participated in a violation of this chapter or of any valid rules, orders or decisions of the director promulgated under this chapter; (c) has had a license to engage in the business of debt adjusting revoked or removed for any reason other than for failure to pay licensing fees in this or any other state; or (d) is an employee or owner of a collection agency, or process serving business.

(3) An individual applicant is at least eighteen years of age.

(4) An applicant which is a partnership, corporation, or association is authorized to do business in this state.

(5) An individual applicant for an original license as a debt adjuster has passed an examination administered by the director, which examination may be oral or written, or partly oral and partly written, and shall be practical in nature and sufficiently thorough to ascertain the applicant's fitness. Questions on bookkeeping, credit adjusting, business ethics, agency, contracts, debtor and creditor relationships, trust funds and the provisions of this chapter shall be included in the examination. No applicant may use any books or other similar aids while taking the examination, and no applicant may take the examination more than three times in any twelve month period.

NEW SECTION. Sec. 522. A new section is added to chapter 18.28 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 523. RCW 18.39.181 and 1986 c 259 s 65 are each amended to read as follows:

The director shall have the following powers and duties:

(1) To issue all licenses provided for under this chapter;

(2) To annually renew licenses under this chapter;

(3) To collect all fees prescribed and required under this chapter; ((and))

(4) To deny issuing or immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order; and

(5) To keep general books of record of all official acts, proceedings, and transactions of the department of licensing while acting under this chapter.

NEW SECTION. Sec. 524. A new section is added to chapter 18.39 RCW to read as follows:

(1) In the case of a person who has been denied the issuance of a license under this chapter because the person was certified either (a) by the department of social and health services as a person who is not in compliance with section 502 of this act or (b) by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act, the application of that person may be reviewed by the director for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.

NEW SECTION. Sec. 525. A new section is added to chapter 18.43 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The board shall immediately suspend the registration of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the certificate of registration shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 526. A new section is added to chapter 18.44 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend the certificate of registration of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 527. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:

(1) The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it.

(2) The department shall deny a license in any case where the applicant has been certified under section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

Sec. 528. RCW 18.51.054 and 1989 c 372 s 7 are each amended to read as follows:

The department may deny a license to any applicant if the department finds that the applicant or any partner, officer, director, managerial employee, or owner of five percent or more of the applicant:

(1) Operated a nursing home without a license or under a revoked or suspended license; or

(2) Knowingly or with reason to know made a false statement of a material fact (a) in an application for license or any data attached thereto, or (b) in any matter under investigation by the department; or

(3) Refused to allow representatives or agents of the department to inspect (a) all books, records, and files required to be maintained or (b) any portion of the premises of the nursing home; or

(4) Willfully prevented, interfered with, or attempted to impede in any way (a) the work of any authorized representative of the department or (b) the lawful enforcement of any provision of this chapter or chapter 74.42 RCW; or

(5) Has a history of significant noncompliance with federal or state regulations in providing nursing home care. In deciding whether to deny a license under this section, the factors the department considers shall include the gravity and frequency of the noncompliance; or

(6) Has been certified pursuant to section 502 of this act by the department of social and health services, division of child support, as a person who is not in compliance with a support order, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services, division of child support, or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 529. A new section is added to chapter 18.51 RCW to read as follows:

The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services, division of support, as a person who is not in compliance with a child support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the division of child support or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 530. A new section is added to chapter 18.76 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 531. A new section is added to chapter 18.85 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a broker's or salesperson's license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend the license of a broker or salesperson who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 532. A new section is added to chapter 18.96 RCW to read as follows:

No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 533. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:

(1) The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds:

(((1))) (a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.

(((2))) (b) The holder of the certificate of registration is guilty of fraud, deceit, gross negligence, gross incompetency or gross misconduct in the practice of landscape architecture.

(((3))) (c) The holder of the certificate of registration permits his seal to be affixed to any plans, specifications or drawings that were not prepared by him or under his personal supervision by employees subject to his direction and control.

(((4))) (d) The holder of the certificate has committed fraud in applying for or obtaining a certificate.

(2) The director shall immediately suspend the certificate of registration of a landscape architect who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 534. RCW 18.96.150 and 1993 c 35 s 6 are each amended to read as follows:

Except as provided in section 532 of this act, the director shall issue a certificate of registration upon payment of the registration fee as provided in this chapter to any applicant who has satisfactorily met all requirements for registration. All certificates of registration shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the executive secretary of the board, and by the director.

Each registrant shall obtain a seal of a design authorized by the board, bearing the registrant's name and the legend, "registered landscape architect". All sheets of drawings and title pages of specifications prepared by the registrant shall be stamped with said seal.

NEW SECTION. Sec. 535. A new section is added to chapter 18.104 RCW to read as follows:

No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 536. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:

(1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

(((1))) (a) For fraud or deception in obtaining the license;

(((2))) (b) For fraud or deception in reporting under RCW 18.104.050;

(((3))) (c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

(2) The director shall immediately suspend any license issued under this chapter if the holder of the license either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3) No license shall be suspended for more than six months, except that a suspension under section 502 or 607 of this act shall continue until the department receives a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.

Sec. 537. RCW 18.106.070 and 1985 c 465 s 1 are each amended to read as follows:

(1) Except as provided in section 538 of this act, the department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

The certificate of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber or specialty plumber in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.

(3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988, not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (c) effective July 1, 1988, not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber.

An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the ((commission for vocational education)) work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

NEW SECTION. Sec. 538. A new section is added to chapter 18.106 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of competency under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of competency under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 539. A new section is added to chapter 18.130 RCW to read as follows:

The disciplining authority shall immediately suspend the license of any person subject to this chapter who either (1) has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or (2) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order.

Sec. 540. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:

The disciplining authority has the following authority:

(1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

(2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

(4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

(5) To compel attendance of witnesses at hearings;

(6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

(7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

(8) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;

(9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

(10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

(11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

(12) To adopt standards of professional conduct or practice;

(13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;

(14) To designate individuals authorized to sign subpoenas and statements of charges;

(15) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;

(16) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3);

(17) To immediately suspend the license of a person who either (a) has been certified by the department of social and health services as not in compliance with a support order as provided in section 502 of this act, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order.

Sec. 541. RCW 18.130.120 and 1984 c 279 s 12 are each amended to read as follows:

The department shall not issue any license to any person whose license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplining authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter.

The department shall not issue a license to a person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The license may be issued after the person provides the department a written release from the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 542. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:

A person whose license has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.

A person whose license has been suspended for noncompliance with a support order under section 502 of this act or for noncompliance with a residential or visitation order under chapter 26.09 RCW may petition for reinstatement at any time by providing the disciplining authority a written release issued by the department of social and health services or a court stating that the person is in compliance with the order. If the person has continued to meet all other requirements for reinstatement during the suspension, the disciplining authority shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.

NEW SECTION. Sec. 543. A new section is added to chapter 18.140 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 544. RCW 18.145.080 and 1995 c 269 s 504 and 1995 c 27 s 8 are each reenacted and amended to read as follows:

Except as provided in section 545 of this act, the department shall issue a certificate to any applicant who meets the standards established under this chapter and who:

(1) Is holding one of the following:

(a) Certificate of proficiency, registered professional reporter, registered merit reporter, or registered diplomate reporter from [the] national court reporters association;

(b) Certificate of proficiency or certificate of merit from [the] national stenomask verbatim reporters association; or

(2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director.

NEW SECTION. Sec. 545. A new section is added to chapter 18.145 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend any certificate issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 546. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:

(1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:

(a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;

(b) Conviction of a felony;

(d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;

(e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or

(f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.

(2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.

(3) The state director of fire protection shall refuse to issue or immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.

Sec. 547. RCW 18.165.160 and 1995 c 277 s 34 are each amended to read as follows:

The following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Knowingly making a material misstatement or omission in the application for or renewal of a license or firearms certificate, including falsifying requested identification information;

(3) Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or 18.165.050;

(4) Failing to return immediately on demand a firearm issued by an employer;

(5) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private investigator license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

(6) Failing to return immediately on demand company identification, badges, or other items issued to the private investigator by an employer;

(7) Making any statement that would reasonably cause another person to believe that the private investigator is a sworn peace officer;

(8) Divulging confidential information obtained in the course of any investigation to which he or she was assigned;

(9) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client;

(10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

(11) Advertising that is false, fraudulent, or misleading;

(12) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

(13) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

(14) Failure to cooperate with the director by:

(a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

(b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

(c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

(15) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;

(16) Aiding or abetting an unlicensed person to practice if a license is required;

(17) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

(18) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

(19) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

(20) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.165.050;

(21) Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children;

(22) Failure to maintain bond or insurance; ((or))

(23) Failure to have a qualifying principal in place; or

(24) Being certified as not in compliance with a support order as provided in section 502 of this act or not in compliance with a residential or visitation order under section 607 of this act.

NEW SECTION. Sec. 548. A new section is added to chapter 18.165 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend a license issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 549. RCW 18.170.170 and 1995 c 277 s 12 are each amended to read as follows:

In addition to the provisions of section 550 of this act, the following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter;

(3) Knowingly making a material misstatement or omission in the application for a license or firearms certificate;

(4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060;

(5) Failing to return immediately on demand a firearm issued by an employer;

(6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

(7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer;

(8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer;

(9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned;

(11) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

(12) Advertising that is false, fraudulent, or misleading;

(13) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

(14) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

(15) Failure to cooperate with the director by:

(b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

(c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

(16) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the disciplining authority;

(17) Aiding or abetting an unlicensed person to practice if a license is required;

(18) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

(19) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

(20) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against a client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

(21) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060;

(22) Failure to maintain insurance; and

(23) Failure to have a qualifying principal in place.

NEW SECTION. Sec. 550. A new section is added to chapter 18.170 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend any license issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 551. A new section is added to chapter 18.175 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend a certificate of registration issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 552. A new section is added to chapter 18.185 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 553. RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:

This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

(1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other)) another manner that shows proof of receipt.

(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

(c) When the department has received certification pursuant to either (i) chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order or (ii) chapter 26.09 RCW by a court that the licensee is not in compliance with a residential or visitation order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

(3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

(4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

(b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.

NEW SECTION. Sec. 554. A new section is added to chapter 28A.410 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate or permit under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate or permit after the person provides the authority authorized to grant the certificate or permit a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if (a) either the department of social and health services certifies that the person is not in compliance with a support order as provided in section 502 of this act or (b) a court certifies that the person is not in compliance with a residential or visitation order under chapter 26.09 RCW. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 555. RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:

This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.

(c) When the department has received certification pursuant to either (i) chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order or (ii) chapter 26.09 RCW from a court that the licensee is a person who is not in compliance with a residential or visitation order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

(3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

Sec. 556. RCW 19.28.120 and 1992 c 217 s 2 are each amended to read as follows:

(1) It is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twenty-four calendar months following the day of their issue. The department may issue an electrical contractors license for a period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses which expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state:

(a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof;

(b) The location of the place of business of the applicant and the name under which the business is conducted;

(d) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington;

(e) Employment security department number;

(f) State excise tax registration number;

(g) Unified business identifier (UBI) account number may be substituted for the information required by (d), (e), and (f) of this subsection; and

(h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, nonresidential maintenance, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.

(2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

(3) The application for a contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.

(4) Except as provided in subsection (6) of this section, the department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security.

(5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses an administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made. Administrator certificate specialties include but are not limited to: Residential, domestic, appliance, pump and irrigation, limited energy system, signs, nonresidential maintenance, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.123 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.

(6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 557. RCW 19.28.125 and 1988 c 81 s 6 are each amended to read as follows:

(1) Each applicant for an electrical contractor's license, other than an individual, shall designate a supervisory employee or member of the firm to take the required administrator's examination. Effective July 1, 1987, a supervisory employee designated as the administrator shall be a full-time supervisory employee. This person shall be designated as administrator under the license. No person may qualify as administrator for more than one contractor. If the relationship of the administrator with the electrical contractor is terminated, the contractor's license is void within ninety days unless another administrator is qualified by the board. However, if the administrator dies, the contractor's license is void within one hundred eighty days unless another administrator is qualified by the board. A certificate issued under this section is valid for two years from the nearest birthdate of the administrator, unless revoked or suspended, and further is nontransferable. The certificate may be renewed for a two-year period without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. An individual holding more than one administrator's certificate under this chapter shall not be required to pay annual fees for more than one certificate. A person may take the administrator's test as many times as necessary without limit.

(2) The administrator shall:

(a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section;

(b) Ensure that all electrical work complies with the electrical installation laws and rules of the state;

(d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used;

(e) See that corrective notices issued by an inspecting authority are complied with; and

(f) Notify the department in writing within ten days if the administrator terminates the relationship with the electrical contractor.

(3) The department shall not by rule change the administrator's duties under subsection (2) of this section.

(4) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 558. RCW 19.28.310 and 1988 c 81 s 10 are each amended to read as follows:

(1) The department has the power, in case of continued noncompliance with the provisions of this chapter, to revoke or suspend for such a period as it determines, any electrical contractor license or electrical contractor administrator certificate issued under this chapter. The department shall notify the holder of the license or certificate of the revocation or suspension by certified mail. A revocation or suspension is effective fifteen days after the holder receives the notice. Any revocation or suspension is subject to review by an appeal to the board. The filing of an appeal stays the effect of a revocation or suspension until the board makes its decision. The appeal shall be filed within fifteen days after notice of the revocation or suspension is given by certified mail sent to the address of the holder of the license or certificate as shown on the application for the license or certificate, and shall be effected by filing a written notice of appeal with the department, accompanied by a certified check for two hundred dollars, which shall be returned to the holder of the license or certificate if the decision of the department is not sustained by the board. The hearing shall be conducted in accordance with chapter 34.05 RCW. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund.

(2) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 559. RCW 19.28.550 and 1993 c 192 s 1 are each amended to read as follows:

(1) Except as provided in subsection (5) of this section, the department shall issue a certificate of competency to all applicants who have passed the examination provided in RCW 19.28.540, and who have complied with RCW 19.28.510 through 19.28.620 and the rules adopted under this chapter. The certificate shall bear the date of issuance, and shall expire on October 31st or April 30th, not less than six months nor more than three years immediately following the date of issuance. The certificate shall be renewed every three years, upon application, on or before the holder's birthdate. A fee shall be assessed for each certificate and for each annual renewal.

(2) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date.

(a) The contents and requirements for satisfactory completion of the continuing education course shall be determined by the director and approved by the board.

(b) The department shall accept proof of a certificate holder's satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate of competency if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate of competency.

(3) If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. The department shall set the fees by rule for issuance and renewal of a certificate of competency. The fees shall cover but not exceed the costs of issuing the certificates and of administering and enforcing the electrician certification requirements of this chapter.

(4) The certificates of competency and temporary permits provided for in this chapter grant the holder the right to work in the electrical construction trade as a journeyman electrician or specialty electrician in accordance with their provisions throughout the state and within any of its political subdivisions without additional proof of competency or any other license, permit, or fee to engage in such work.

(5) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 560. RCW 19.28.580 and 1988 c 81 s 15 are each amended to read as follows:

(1) The department may revoke any certificate of competency upon the following grounds:

(a) The certificate was obtained through error or fraud;

(b) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician;

(c) The holder thereof has violated any of the provisions of RCW 19.28.510 through 19.28.620 or any rule adopted under this chapter.

(2) Before any certificate of competency shall be revoked, the holder shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing before the board. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision.

(3) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 561. RCW 19.30.030 and 1985 c 280 s 3 are each amended to read as follows:

The director shall not issue to any person a license to act as a farm labor contractor until:

(1) Such person has executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant, and containing (a) a statement by the applicant of all facts required by the director concerning the applicant's character, competency, responsibility, and the manner and method by which he or she proposes to conduct operations as a farm labor contractor if such license is issued, and (b) the names and addresses of all persons financially interested, either as partners, stockholders, associates, profit sharers, or providers of board or lodging to agricultural employees in the proposed operation as a labor contractor, together with the amount of their respective interests;

(2) The director, after investigation, is satisfied as to the character, competency, and responsibility of the applicant;

(3) The applicant has paid to the director a license fee of: (1) Thirty-five dollars in the case of a farm labor contractor not engaged in forestation or reforestation, or (2) one hundred dollars in the case of a farm labor contractor engaged in forestation or reforestation or such other sum as the director finds necessary, and adopts by rule, for the administrative costs of evaluating applications;

(4) The applicant has filed proof satisfactory to the director of the existence of a policy of insurance with any insurance carrier authorized to do business in the state of Washington in an amount satisfactory to the director, which insures the contractor against liability for damage to persons or property arising out of the contractor's operation of, or ownership of, any vehicle or vehicles for the transportation of individuals in connection with the contractor's business, activities, or operations as a farm labor contractor;

(5) The applicant has filed a surety bond or other security which meets the requirements set forth in RCW 19.30.040;

(6) The applicant executes a written statement which shall be subscribed and sworn to and shall contain the following declaration:

"With regards to any action filed against me concerning my activities as a farm labor contractor, I appoint the director of the Washington department of labor and industries as my lawful agent to accept service of summons when I am not present in the jurisdiction in which the action is commenced or have in any other way become unavailable to accept service"; and

(7) The applicant has stated on his or her application whether or not his or her contractor's license or the license of any of his or her agents, partners, associates, stockholders, or profit sharers has ever been suspended, revoked, or denied by any state or federal agency, and whether or not there are any outstanding judgments against him or her or any of his or her agents, partners, associates, stockholders, or profit sharers in any state or federal court arising out of activities as a farm labor contractor.

(8) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 562. RCW 19.30.060 and 1985 c 280 s 6 are each amended to read as follows:

Any person may protest the grant or renewal of a license under this section. The director may revoke, suspend, or refuse to issue or renew any license when it is shown that:

(1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter;

(2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a license;

(3) The conditions under which the license was issued have changed or no longer exist;

(4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor;

(5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such laborers; or

(6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities.

The director shall immediately suspend the license or certificate of a person who either has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 563. RCW 19.16.110 and 1994 c 195 s 2 are each amended to read as follows:

No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director.

Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-of-state collection agency duly licensed under this chapter to procure a collection agency license.

No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 564. RCW 19.16.120 and 1994 c 195 s 3 are each amended to read as follows:

In addition to other provisions of this chapter, any license issued pursuant to this chapter or any application therefor may be denied, not renewed, revoked, or suspended, or in lieu of or in addition to suspension a licensee may be assessed a civil, monetary penalty in an amount not to exceed one thousand dollars:

(1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state.

(2) If an applicant or licensee is not authorized to do business in this state.

(3) If the application or renewal forms required by this chapter are incomplete, fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been paid, and the surety bond or cash deposit or other negotiable security acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.

(4) If any individual applicant, owner, officer, director, or managing employee of a nonindividual applicant or licensee:

(a) Shall have knowingly made a false statement of a material fact in any application for a collection agency license or an out-of-state collection agency license or renewal thereof, or in any data attached thereto and two years have not elapsed since the date of such statement;

(b) Shall have had a license to engage in the business of a collection agency or out-of-state collection agency denied, not renewed, suspended, or revoked by this state, any other state, or foreign country, for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements: PROVIDED, That the terms of this subsection shall not apply if:

(i) Two years have elapsed since the time of any such denial, nonrenewal, or revocation; or

(ii) The terms of any such suspension have been fulfilled;

(c) Has been convicted in any court of any felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and is incarcerated for that offense or five years have not elapsed since the date of such conviction;

(d) Has had any judgment entered against him in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the judgment debt has been discharged;

(e) Has had his license to practice law suspended or revoked and two years have not elapsed since the date of such suspension or revocation, unless he has been relicensed to practice law in this state;

(f) Has had any judgment entered against him or it under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the terms of such judgment, if any, have been fully complied with: PROVIDED FURTHER, That said judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, owner, officer, director, managing employee, or licensee while acting for or as a collection agency or an out-of-state collection agency;

(g) Has petitioned for bankruptcy, and two years have not elapsed since the filing of said petition;

(h) Shall be insolvent in the sense that his or its liabilities exceed his or its assets or in the sense that he or it cannot meet his or its obligations as they mature;

(i) Has failed to pay any civil, monetary penalty assessed in accordance with RCW 19.16.351 or 19.16.360 within ten days after the assessment becomes final;

(j) Has knowingly failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant to this chapter, and two years have not elapsed since the occurrence of said noncompliance or violation; or

(k) Has been found by a court of competent jurisdiction to have violated the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years have not elapsed since that finding.

Except as otherwise provided in this section, any person who is engaged in the collection agency business as of January 1, 1972 shall, upon filing the application, paying the fees, and filing the surety bond or cash deposit or other negotiable security in lieu of bond required by this chapter, be issued a license ((hereunder)) under this chapter.

Sec. 565. RCW 19.31.100 and 1993 c 499 s 4 are each amended to read as follows:

(1) Every applicant for an employment agency's license or a renewal thereof shall file with the director a written application stating the name and address of the applicant; the street and number of the building in which the business of the employment agency is to be conducted; the name of the person who is to have the general management of the office; the name under which the business of the office is to be carried on; whether or not the applicant is pecuniarily interested in the business to be carried on under the license; shall be signed by the applicant and sworn to before a notary public; and shall identify anyone holding over twenty percent interest in the agency. If the applicant is a corporation, the application shall state the names and addresses of the officers and directors of the corporation, and shall be signed and sworn to by the president and secretary thereof. If the applicant is a partnership, the application shall also state the names and addresses of all partners therein, and shall be signed and sworn to by all of them. The application shall also state whether or not the applicant is, at the time of making the application, or has at any previous time been engaged in or interested in or employed by anyone engaged in the business of an employment agency.

(2) The application shall require a certification that no officer or holder of more than twenty percent interest in the business has been convicted of a felony within ten years of the application which directly relates to the business for which the license is sought, or had any judgment entered against such person in any civil action involving fraud, misrepresentation, or conversion.

(3) All applications for employment agency licenses shall be accompanied by a copy of the form of contract and fee schedule to be used between the employment agency and the applicant.

(4) No license to operate an employment agency in this state shall be issued, transferred, renewed, or remain in effect, unless the person who has or is to have the general management of the office has qualified pursuant to this section. The director may, for good cause shown, waive the requirement imposed by this section for a period not to exceed one hundred and twenty days. Persons who have been previously licensed or who have operated to the satisfaction of the director for at least one year prior to September 21, 1977 as a general manager shall be entitled to operate for up to one year from such date before being required to qualify under this section. In order to qualify, such person shall, through testing procedures developed by the director, show that such person has a knowledge of this law, pertinent labor laws, and laws against discrimination in employment in this state and of the United States. Said examination shall be given at least once each quarter and a fee for such examination shall be established by the director. Nothing in this chapter shall be construed to preclude any one natural person from being designated as the person who is to have the general management of up to three offices operated by any one licensee.

While employment directories may at the director's discretion be required to show that the person has a knowledge of this chapter, employment directories are exempt from testing on pertinent labor laws, and laws against discrimination in employment in this state and of the United States.

(5) Employment directories shall register with the department and meet all applicable requirements of this chapter but shall not be required to be licensed by the department or pay a licensing fee.

Sec. 566. RCW 19.31.130 and 1969 ex.s. c 228 s 13 are each amended to read as follows:

(1) In accordance with the provisions of chapter 34.05 RCW as now or as hereafter amended, the director may by order deny, suspend or revoke the license of any employment agency if he finds that the applicant or licensee:

(((1))) (a) Was previously the holder of a license issued under this chapter, which was revoked for cause and never reissued by the director, or which license was suspended for cause and the terms of the suspension have not been fulfilled;

(((2))) (b) Has been found guilty of any felony within the past five years involving moral turpitude, or for any misdemeanor concerning fraud or conversion, or suffering any judgment in any civil action involving wilful fraud, misrepresentation or conversion;

(((3))) (c) Has made a false statement of a material fact in his application or in any data attached thereto;

(((4))) (d) Has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant to this chapter.

(2) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 567. RCW 19.32.040 and 1982 c 182 s 32 are each amended to read as follows:

(1) No person hereafter shall engage within this state in the business of owning, operating or offering the services of any refrigerated locker or lockers without having obtained a license for each such place of business. Application for such license shall be made through the master license system. Except as provided in subsection (2) of this section, such licenses shall be granted as a matter of right unless conditions exist which are grounds for a cancellation or revocation of a license as hereinafter set forth.

(2) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 568. RCW 19.32.060 and 1943 c 117 s 5 are each amended to read as follows:

(1) The director of agriculture may cancel or suspend any such license if he finds after proper investigation that (a) the licensee has violated any provision of this chapter or of any other law of this state relating to the operation of refrigerated lockers or of the sale of any human food in connection therewith, or any regulation effective under any act the administration of which is in the charge of the department of agriculture, or (b) the licensed refrigerated locker premises or any equipment used therein or in connection therewith is in an unsanitary condition and the licensee has failed or refused to remedy the same within ten days after receipt from the director of agriculture of written notice to do so.

(2) No license shall be revoked or suspended by the director without delivery to the licensee of a written statement of the charge involved and an opportunity to answer such charge within ten days from the date of such notice.

(3) Any order made by the director suspending or revoking any license may be reviewed by certiorari in the superior court of the county in which the licensed premises are located, within ten days from the date notice in writing of the director's order revoking or suspending such license has been served upon him.

(4) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 569. RCW 19.105.330 and 1988 c 159 s 5 are each amended to read as follows:

(([(1)])) (1) Unless an order denying effectiveness under RCW 19.105.380 is in effect, or unless declared effective by order of the director prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth full business day following a filing with the director in complete and proper form, but an applicant may consent to the delay of effectiveness until such time as the director may by order declare registration effective or issue a permit to market.

(2) An application for registration, renewal of registration, or amendment is not in completed form and shall not be deemed a statutory filing until such time as all required fees, completed application forms, and the information and documents required pursuant to RCW 19.105.320(1) and departmental rules have been filed.

It is the operator's responsibility to see that required filing materials and fees arrive at the appropriate mailing address of the department. Within seven business days, excluding the date of receipt, of receiving an application or initial request for registration and the filing fees, the department shall notify the applicant of receipt of the application and whether or not the application is complete and in proper form. If the application is incomplete, the department shall at the same time inform the applicant what additional documents or information is required.

If the application is not in a completed form, the department shall give immediate notice to the applicant. On the date the application is complete and properly filed, the statutory period for an in-depth examination of the filing, prescribed in subsection (1) of this section, shall begin to run, unless the applicant and the department have agreed to a stay of effectiveness or the department has issued a denial of the application or a permit to market.

(3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 570. RCW 19.105.380 and 1988 c 159 s 14 are each amended to read as follows:

(1) A registration or an application for registration of camping resort contracts or renewals thereof may by order be denied, suspended, or revoked if the director finds that:

(a) The advertising, sales techniques, or trade practices of the applicant, registrant, or its affiliate or agent have been or are deceptive, false, or misleading;

(b) The applicant or registrant has failed to file copies of the camping resort contract form under RCW 19.105.360;

(c) The applicant, registrant, or affiliate has failed to comply with any provision of this chapter, the rules adopted or the conditions of a permit granted under this chapter, or a stipulation or final order previously entered into by the operator or issued by the department under this chapter;

(d) The applicant's, registrant's, or affiliate's offering of camping resort contracts has worked or would work a fraud upon purchasers or owners of camping resort contracts;

(e) The camping resort operator or any officer, director, or affiliate of the camping resort operator has been within the last five years convicted of or pleaded nolo contendre to any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty, has been enjoined from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any industry involving sales to consumers;

(f) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of a camping resort contract that a camping resort property, facility, amenity camp site, or other development is planned, promised, or required, and the applicant or registrant has not provided the director with a security or assurance of performance as required by this chapter;

(g) The applicant or registrant has not provided or is no longer providing the director with the necessary security arrangements to assure future availability of titles or properties as required by this chapter or agreed to in the permit to market;

(h) The applicant or registrant is or has been employing unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;

(i) The applicant or registrant has breached any escrow, impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter;

(j) The applicant or registrant has breached any stipulation or order entered into in settlement of the department's filing of a previous administrative action;

(k) The applicant or registrant has filed or caused to be filed with the director any document or affidavit, or made any statement during the course of a registration or exemption procedure with the director, that is materially untrue or misleading;

(l) The applicant or registrant has engaged in a practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

(m) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have wilfully done, or permitted any of their salespersons or agents to do, any of the following:

(i) Engage in a pattern or practice of making untrue or misleading statements of a material fact, or omitting to state a material fact;

(ii) Employ any device, scheme, or artifice to defraud purchasers or members;

(iii) Engage in a pattern or practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

(n) The applicant or registrant has failed to provide a bond, letter of credit, or other arrangement to assure delivery of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee, impound, or escrow agent;

(o) The applicant or registrant has engaged in a practice of selling contracts using material amendments or codicils that have not been filed or are the consequences of breaches or alterations in previously filed contracts;

(p) The applicant or registrant has engaged in a practice of selling or proposing to sell contracts in a ratio of contracts to sites available in excess of that filed in the affidavit required by this chapter;

(q) The camping resort operator has withdrawn, has the right to withdraw, or is proposing to withdraw from use all or any portion of any camping resort property devoted to the camping resort program, unless:

(i) Adequate provision has been made to provide within a reasonable time thereafter a substitute property in the same general area that is at least as desirable for the purpose of camping and outdoor recreation;

(ii) The property is withdrawn because, despite good faith efforts by the camping resort operator, a nonaffiliate of the camping resort has exercised a right of withdrawal from use by the camping resort (such as withdrawal following expiration of a lease of the property to the camping resort) and the terms of the withdrawal right have been disclosed in writing to all purchasers at or prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

(iii) The specific date upon which the withdrawal becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

(iv) The rights of members and owners of the camping resort contracts under the express terms of the camping resort contract have expired, or have been specifically limited, upon the lapse of a stated or determinable period of time, and the director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of approval;

(r) The format, form, or content of the written disclosures provided therein is not complete, full, or materially accurate, or statements made therein are materially false, misleading, or deceptive;

(s) The applicant or registrant has failed or declined to respond to any subpoena lawfully issued and served by the department under this chapter;

(t) The applicant or registrant has failed to file an amendment for a material change in the manner or at the time required under this chapter or its implementing rules;

(u) The applicant or registrant has filed voluntarily or been placed involuntarily into a federal bankruptcy or is proposing to do so; or

(v) A camping resort operator's rights or interest in a campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner contrary to contract provisions.

(2) Any applicant or registrant who has violated subsection (1)(a), (b), (c), (f), (h), (i), (j), (l), (m), or (n) of this section may be fined by the director in an amount not to exceed one thousand dollars for each such violation. Proceedings seeking such fines shall be held in accordance with chapter 34.05 RCW and may be filed either separately or in conjunction with other administrative proceedings to deny, suspend, or revoke registrations authorized under this chapter. Fines collected from such proceedings shall be deposited in the state general fund.

(3) An operator, registrant, or applicant against whom administrative or legal proceedings have been filed shall be responsible for and shall reimburse the state, by payment into the general fund, for all administrative and legal costs actually incurred by the department in issuing, processing, and conducting any such administrative or legal proceeding authorized under this chapter that results in a final legal or administrative determination of any type or degree in favor of the department.

(4) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration or renewal under any of the above subsections and may summarily suspend or revoke a registration under subsection (1)(d), (f), (g), (h), (i), (k), (l), (m), and (n) of this section. No fine may be imposed by summary order.

(5) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

(6) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violating or breaching an assurance under this subsection is grounds for suspension or revocation of registration or imposition of a fine.

(7) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 571. RCW 19.105.440 and 1988 c 159 s 21 are each amended to read as follows:

(1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director which includes the following:

(a) A statement whether or not the applicant within the past five years has been convicted of, pleaded nolo contendre to, or been ordered to serve probation for a period of a year or more for any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty or the applicant has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any act designed to protect consumers;

(b) A statement fully describing the applicant's employment history for the past five years and whether or not any termination of employment during the last five years was the result of any theft, fraud, or act of dishonesty;

(d) Required filing fees.

(2) The director may by order deny, suspend, or revoke a camping resort salesperson's registration or application for registration under this chapter or the person's license or application under chapter 18.85 RCW, or impose a fine on such persons not exceeding two hundred dollars per violation, if the director finds that the order is necessary for the protection of purchasers or owners of camping resort contracts and the applicant or registrant is guilty of:

(a) Obtaining registration by means of fraud, misrepresentation, or concealment, or through the mistake or inadvertence of the director;

(b) Violating any of the provisions of this chapter or any lawful rules adopted by the director pursuant thereto;

(c) Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses. For the purposes of this section, "being convicted" includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended;

(d) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the applicant or registrant and the applicant or registrant then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions, or promises;

(e) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the work, representation, or conduct of the applicant or registrant;

(f) Failing, upon demand, to disclose to the director or the director's authorized representatives acting by authority of law any information within his or her knowledge or to produce for inspection any document, book or record in his or her possession, which is material to the salesperson's registration or application for registration;

(g) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the director has, by order in writing, stated objections thereto;

(h) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter;

(i) Misrepresentation of membership in any state or national association; or

(j) Discrimination against any person in hiring or in sales activity on the basis of race, color, creed, or national origin, or violating any state or federal antidiscrimination law.

(3) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration under this section.

(4) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

(5) The director, subsequent to any complaint filed against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The salesperson shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for a disciplinary action, a suspension of registration, or a fine not to exceed one thousand dollars.

(6) The director may by rule require such further information or conditions for registration as a camping resort salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies, as the director deems necessary to protect the interests of purchasers.

(7) Registration as a camping resort salesperson shall be effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson shall be renewed annually, or at the time of transferring employment, whichever occurs first, by the filing of a form prescribed by the director for that purpose.

(8) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has in effect with the department and displays a valid registration in a conspicuous location at each of the sales offices at which the salesperson is employed. It is the responsibility of both the operator and the salesperson to notify the department when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson's employment or reported duties are changed or terminated.

(9) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(10) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 572. RCW 19.138.130 and 1994 c 237 s 6 are each amended to read as follows:

(1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:

(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;

(b) Has been found guilty of a felony within the past five years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;

(d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;

(e) Has failed to display the registration as provided in this chapter;

(f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public;

(g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising; or

(h) Has aided or abetted a person, firm, or corporation that they know has not registered in this state in the business of conducting a travel agency or other sale of travel.

(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.

Sec. 573. RCW 19.158.050 and 1989 c 20 s 5 are each amended to read as follows:

(1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington.

(2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including past business history, prior judgments, and such other information as may be useful to purchasers.

(3) The department of licensing shall issue a registration number to the commercial telephone solicitor.

(4) It is a violation of this chapter for a commercial telephone solicitor to:

(a) Fail to maintain a valid registration;

(b) Advertise that one is registered as a commercial telephone solicitor or to represent that such registration constitutes approval or endorsement by any government or governmental office or agency;

(c) Provide inaccurate or incomplete information to the department of licensing when making a registration application; or

(d) Represent that a person is registered or that such person has a valid registration number when such person does not.

(5) An annual registration fee shall be assessed by the department of licensing, the amount of which shall be determined at the discretion of the director of the department of licensing, and which shall be reasonably related to the cost of administering the provisions of this chapter.

(7) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 574. RCW 19.166.040 and 1995 c 60 s 2 are each amended to read as follows:

(1) An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the secretary of state. The application shall include:

(a) Evidence that the organization meets the standards established by the secretary of state under RCW 19.166.050;

(b) The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state;

(d) The organization's United States Information Agency number, if any;

(e) Evidence of council on standards for international educational travel listing, if any;

(f) Whether the organization is exempt from federal income tax; and

(g) A list of the organization's placements in Washington for the previous academic year including the number of students placed, their home countries, the school districts in which they were placed, and the length of their placements.

(2) The application shall be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements within Washington. If the secretary of state determines that the application is complete, the secretary of state shall file the application and the applicant is registered.

(3) International student exchange visitor placement organizations that have registered shall inform the secretary of state of any changes in the information required under subsection (1) of this section within thirty days of the change.

(4) Registration shall be renewed annually as established by rule by the office of the secretary of state.

(6) The office of the secretary of state shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the office of the secretary of state's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 575. A new section is added to chapter 20.01 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 576. RCW 21.20.070 and 1981 c 272 s 2 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, if no denial order is in effect and no proceeding is pending under RCW 21.20.110, registration becomes effective when the applicant has successfully passed a written examination as prescribed by rule or order of the director with the advice of the advisory committee, or has satisfactorily demonstrated that the applicant is exempt from the written examination requirements of this section.

Sec. 577. RCW 21.20.110 and 1994 c 256 s 10 are each amended to read as follows:

The director may by order deny, suspend, or revoke registration of any broker-dealer, salesperson, investment adviser representative, or investment adviser; censure or fine the registrant or an officer, director, partner, or person occupying similar functions for a registrant; or restrict or limit a registrant's function or activity of business for which registration is required in this state; if the director finds that the order is in the public interest and that the applicant or registrant or, in the case of a broker-dealer or investment adviser, any partner, officer, or director:

(1) Has filed an application for registration under this section which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in the light of the circumstances under which it was made, false, or misleading with respect to any material fact;

(2) Has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor act or any rule or order under this chapter or a predecessor act, or any provision of chapter 21.30 RCW or any rule or order thereunder;

(3) Has been convicted, within the past five years, of any misdemeanor involving a security, or a commodity contract or commodity option as defined in RCW 21.30.010, or any aspect of the securities or investment commodities business, or any felony involving moral turpitude;

(4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities or investment commodities business;

(5) Is the subject of an order of the director denying, suspending, or revoking registration as a broker-dealer, salesperson, investment adviser, or investment adviser representative;

(6) Is the subject of an order entered within the past five years by the securities administrator of any other state or by the federal securities and exchange commission denying or revoking registration as a broker-dealer or salesperson, or a commodity broker-dealer or sales representative, or the substantial equivalent of those terms as defined in this chapter or by the commodity futures trading commission denying or revoking registration as a commodity merchant as defined in RCW 21.30.010, or is the subject of an order of suspension or expulsion from membership in or association with a self-regulatory organization registered under the securities exchange act of 1934 or the federal commodity exchange act, or is the subject of a United States post office fraud order; but (a) the director may not institute a revocation or suspension proceeding under this clause more than one year from the date of the order relied on, and (b) the director may not enter any order under this clause on the basis of an order unless that order was based on facts which would currently constitute a ground for an order under this section;

(7) Has engaged in dishonest or unethical practices in the securities or investment commodities business;

(8) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature; but the director may not enter an order against a broker-dealer or investment adviser under this clause without a finding of insolvency as to the broker-dealer or investment adviser;

(9) Has not complied with a condition imposed by the director under RCW 21.20.100, or is not qualified on the basis of such factors as training, experience, or knowledge of the securities business; or

(10)(a) Has failed to supervise reasonably a salesperson or an investment adviser representative. For the purposes of this subsection, no person fails to supervise reasonably another person, if:

(i) There are established procedures, and a system for applying those procedures, that would reasonably be expected to prevent and detect, insofar as practicable, any violation by another person of this chapter, or a rule or order under this chapter; and

(ii) The supervising person has reasonably discharged the duties and obligations required by these procedures and system without reasonable cause to believe that another person was violating this chapter or rules or orders under this chapter.

(b) The director may issue a summary order pending final determination of a proceeding under this section upon a finding that it is in the public interest and necessary or appropriate for the protection of investors. The director may not impose a fine under this section except after notice and opportunity for hearing. The fine imposed under this section may not exceed five thousand dollars for each act or omission that constitutes the basis for issuing the order.

NEW SECTION. Sec. 578. A new section is added to chapter 48.17 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The commissioner shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the commissioner's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 579. A new section is added to chapter 74.15 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The secretary shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the secretary's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 580. A new section is added to chapter 47.68 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 581. A new section is added to chapter 71.12 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department of health shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of health's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 582. RCW 66.20.320 and 1995 c 51 s 4 are each amended to read as follows:

(1) The board shall regulate a required alcohol server education program that includes:

(a) Development of the curriculum and materials for the education program;

(b) Examination and examination procedures;

(d) The curriculum for an approved class 12 alcohol permit training program that includes but is not limited to the following subjects:

(i) The physiological effects of alcohol including the effects of alcohol in combination with drugs;

(ii) Liability and legal information;

(iii) Driving while intoxicated;

(iv) Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home;

(v) Methods for checking proper identification of customers;

(vi) Nationally recognized programs, such as TAM (Techniques in Alcohol Management) and TIPS (Training for Intervention Programs) modified to include Washington laws and regulations.

(2) The board shall provide the program through liquor licensee associations, independent contractors, private persons, private or public schools certified by the board, or any combination of such providers.

(3) Except as provided in section 584 of this act, each training entity shall provide a class 12 permit to the manager or bartender who has successfully completed a course the board has certified. A list of the individuals receiving the class 12 permit shall be forwarded to the board on the completion of each course given by the training entity.

(4) After July 1, 1996, the board shall require all alcohol servers applying for a class 13 alcohol server permit to view a video training session. Retail liquor licensees shall fully compensate employees for the time spent participating in this training session.

(5) When requested by a retail liquor licensee, the board shall provide copies of videotaped training programs that have been produced by private vendors and make them available for a nominal fee to cover the cost of purchasing and shipment, with the fees being deposited in the liquor revolving fund for distribution to the board as needed.

(6) Each training entity may provide the board with a video program of not less than one hour that covers the subjects in subsection (1)(d) (i) through (v) of this section that will be made available to a licensee for the training of a class 13 alcohol server.

(7) Except as provided in section 584 of this act, applicants shall be given a class 13 permit upon the successful completion of the program.

(8) A list of the individuals receiving the class 13 permit shall be forwarded to the board on the completion of each video training program.

(9) The board shall develop a model permit for the class 12 and 13 permits. The board may provide such permits to training entities or licensees for a nominal cost to cover production.

(10) Persons who have completed a nationally recognized alcohol management or intervention program since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.

NEW SECTION. Sec. 583. A new section is added to chapter 66.20 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The board shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 584. A new section is added to chapter 66.24 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 585. A new section is added to chapter 88.02 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a vessel registration or a vessel dealer's registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of registration under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend the vessel registration or vessel dealer's registration of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 586. RCW 67.08.040 and 1993 c 278 s 14 are each amended to read as follows:

Except as provided in RCW 67.08.100, upon the approval by the department of any application for a license, as hereinabove provided, and the filing of the bond the department shall forthwith issue such license.

Sec. 587. RCW 67.08.100 and 1993 c 278 s 20 are each amended to read as follows:

(1) The department may grant annual licenses upon application in compliance with the rules and regulations prescribed by the director, and the payment of the fees, the amount of which is to be set by the director in accordance with RCW 43.24.086, prescribed to promoters, managers, referees, boxers, wrestlers, and seconds: PROVIDED, That the provisions of this section shall not apply to contestants or participants in strictly amateur contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department or any bona fide athletic club which is a member of the Pacific northwest association of the amateur athletic union of the United States, holding and promoting athletic contests and where all funds are used primarily for the benefit of their members.

(2) Any such license may be revoked by the department for any cause which it shall deem sufficient.

(3) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.

(4) The referee for any boxing contest shall be designated by the department from among such licensed referees.

(5) The referee for any wrestling exhibition or show shall be provided by the promoter and licensed by the department.

Sec. 588. RCW 19.02.100 and 1991 c 72 s 8 are each amended to read as follows:

(1) The department shall not issue or renew a master license to any person if:

(a) The person does not have a valid tax registration, if required;

(b) The person is a corporation delinquent in fees or penalties owing to the secretary of state or is not validly registered under Title 23B RCW, chapter 18.100 RCW, Title 24 RCW, and any other statute now or hereafter adopted which gives corporate or business licensing responsibilities to the secretary of state; ((or))

(c) The person has not submitted the sum of all fees and deposits required for the requested individual license endorsements, any outstanding master license delinquency fee, or other fees and penalties to be collected through the system; or

(d) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) Nothing in this section shall prevent registration by the state of an employer for the purpose of paying an employee of that employer industrial insurance or unemployment insurance benefits.

Sec. 589. RCW 43.24.080 and 1979 c 158 s 99 are each amended to read as follows:

Except as provided in section 592 of this act, at the close of each examination the department of licensing shall prepare the proper licenses, where no further fee is required to be paid, and issue licenses to the successful applicants signed by the director and notify all successful applicants, where a further fee is required, of the fact that they are entitled to receive such license upon the payment of such further fee to the department of licensing and notify all applicants who have failed to pass the examination of that fact.

Sec. 590. RCW 43.24.110 and 1986 c 259 s 149 are each amended to read as follows:

Except as provided in section 592 of this act, whenever there is filed in a matter under the jurisdiction of the director of licensing any complaint charging that the holder of a license has been guilty of any act or omission which by the provisions of the law under which the license was issued would warrant the revocation thereof, verified in the manner provided by law, the director of licensing shall request the governor to appoint, and the governor shall appoint within thirty days of the request, two qualified practitioners of the profession or calling of the person charged, who, with the director or his duly appointed representative, shall constitute a committee to hear and determine the charges and, in case the charges are sustained, impose the penalty provided by law. In addition, the governor shall appoint a consumer member of the committee.

The decision of any three members of such committee shall be the decision of the committee.

The appointed members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses, in accordance with RCW 43.03.050 and 43.03.060.

Sec. 591. RCW 43.24.120 and 1987 c 202 s 212 are each amended to read as follows:

Except as provided in section 592 of this act, any person feeling aggrieved by the refusal of the director to issue a license, or to renew one, or by the revocation or suspension of a license shall have a right of appeal to superior court from the decision of the director of licensing, which shall be taken, prosecuted, heard, and determined in the manner provided in chapter 34.05 RCW.

The decision of the superior court may be reviewed by the supreme court or the court of appeals in the same manner as other civil cases.

NEW SECTION. Sec. 592. A new section is added to chapter 43.24 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license by the department of licensing. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of registration under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend any license issued by the department of licensing of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 593. RCW 70.74.110 and 1988 c 198 s 5 are each amended to read as follows:

All persons engaged in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device, on ((the date when this 1969 amendatory act takes effect)) August 11, 1969, shall within sixty days thereafter, and all persons engaging in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device after ((this act takes effect)) August 11, 1969, shall, before so engaging, make an application in writing, subscribed to by such person or his agent, to the department of labor and industries, the application stating:

(1) Location of place of manufacture or processing;

(2) Kind of explosives manufactured, processed or used;

(3) The distance that such explosives manufacturing building is located or intended to be located from the other factory buildings, magazines, inhabited buildings, railroads and highways and public utility transmission systems;

(4) The name and address of the applicant;

(5) The reason for desiring to manufacture explosives;

(6) The applicant's citizenship, if the applicant is an individual;

(7) If the applicant is a partnership, the names and addresses of the partners, and their citizenship;

(8) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof, and their citizenship; and

(9) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

There shall be kept in the main office on the premises of each explosives manufacturing plant a plan of said plant showing the location of all explosives manufacturing buildings and the distance they are located from other factory buildings where persons are employed and from magazines, and these plans shall at all times be open to inspection by duly authorized inspectors of the department of labor and industries. The superintendent of each plant shall upon demand of said inspector furnish the following information:

(a) The maximum amount and kind of explosive material which is or will be present in each building at one time.

(b) The nature and kind of work carried on in each building and whether or not said buildings are surrounded by natural or artificial barricades.

Except as provided in RCW 70.74.135, 70.74.360, and 70.74.370, the department of labor and industries shall as soon as possible after receiving such application cause an inspection to be made of the explosives manufacturing plant, and if found to be in accordance with RCW 70.74.030 and 70.74.050 and 70.74.061, such department shall issue a license to the person applying therefor showing compliance with the provisions of this chapter if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the manufacture of explosives and the applicant meets the qualifications for a license under RCW 70.74.360. Such license shall continue in full force and effect until expired, suspended, or revoked by the department pursuant to this chapter.

Sec. 594. RCW 70.74.130 and 1988 c 198 s 7 are each amended to read as follows:

Every person desiring to engage in the business of dealing in explosives shall apply to the department of labor and industries for a license therefor. Said application shall state, among other things:

(1) The name and address of applicant;

(2) The reason for desiring to engage in the business of dealing in explosives;

(3) Citizenship, if an individual applicant;

(4) If a partnership, the names and addresses of the partners and their citizenship;

(5) If an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

(6) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

Except as provided in RCW 70.74.135, 70.74.360, and 70.74.370, the department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the principal officers, agents, or employees of the applicant are experienced in the business of dealing in explosives, possess suitable facilities therefor, have not been convicted of any crime that would warrant revocation or nonrenewal of a license under this chapter, and have never had an explosives-related license revoked under this chapter or under similar provisions of any other state.

Sec. 595. RCW 70.74.135 and 1988 c 198 s 8 are each amended to read as follows:

All persons desiring to purchase explosives except handloader components shall apply to the department of labor and industries for a license. Said application shall state, among other things:

(1) The location where explosives are to be used;

(2) The kind and amount of explosives to be used;

(3) The name and address of the applicant;

(4) The reason for desiring to use explosives;

(5) The citizenship of the applicant if the applicant is an individual;

(6) If the applicant is a partnership, the names and addresses of the partners and their citizenship;

(7) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

(8) Such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.

The department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the use of explosives to authorize a purchase license. However, no purchaser's license may be issued to any person who cannot document proof of possession or right to use approved and licensed storage facilities unless the person signs a statement certifying that explosives will not be stored. No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 596. RCW 70.74.360 and 1988 c 198 s 3 are each amended to read as follows:

(1) The director of labor and industries shall require, as a condition precedent to the original issuance or renewal of any explosive license, fingerprinting and criminal history record information checks of every applicant. In the case of a corporation, fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where explosives are used if such persons have not previously had their fingerprints recorded with the department of labor and industries. In the case of a partnership, fingerprinting and criminal history record information checks shall required of all general partners. Such fingerprints as are required by the department of labor and industries shall be submitted on forms provided by the department to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior convictions of the individuals fingerprinted. The Washington state patrol shall provide to the director of labor and industries such criminal record information as the director may request. The applicant shall give full cooperation to the department of labor and industries and shall assist the department of labor and industries in all aspects of the fingerprinting and criminal history record information check. The applicant may be required to pay a fee not to exceed twenty dollars to the agency that performs the fingerprinting and criminal history process.

(2) The director of labor and industries shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:

(a) Any person under twenty-one years of age;

(b) Any person whose license is suspended or whose license has been revoked, except as provided in RCW 70.74.370;

(c) Any person who has been convicted in this state or elsewhere of a violent offense as defined in RCW 9.94A.030, perjury, false swearing, or bomb threats or a crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the director of labor and industries may issue a license if the person suffering a drug or alcohol related dependency is participating in or has completed an alcohol or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The director of labor and industries shall require the applicant to provide proof of such participation and control; ((or))

(d) Any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease and who has not at the time of application been restored to competency ; or

(e) Any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the director of labor and industries with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.

Sec. 597. RCW 70.74.370 and 1988 c 198 s 4 are each amended to read as follows:

(1) The department of labor and industries shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:

(a) A violent offense as defined in RCW 9.94A.030;

(b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to the department of labor and industries in an application or report made pursuant to this title;

(d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the department of labor and industries may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The department of labor and industries shall require the licensee to provide proof of such participation and control;

(e) A crime relating to possession, use, transfer, or sale of explosives under this chapter or any other chapter of the Revised Code of Washington.

(2) The department of labor and industries shall revoke the license of any person adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease. The director shall not renew the license until the person has been restored to competency.

(3) The department of labor and industries is authorized to suspend, for a period of time not to exceed six months, the license of any person who has violated this chapter or the rules promulgated pursuant to this chapter.

(4) The department of labor and industries may revoke the license of any person who has repeatedly violated this chapter or the rules promulgated pursuant to this chapter, or who has twice had his or her license suspended under this chapter.

(5) The department of labor and industries shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of labor and industries' receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

(6) Upon receipt of notification by the department of labor and industries of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.

Sec. 598. RCW 66.24.010 and 1995 c 232 s 1 are each amended to read as follows:

(1) Every license shall be issued in the name of the applicant, and the holder thereof shall not allow any other person to use the license.

(2) For the purpose of considering any application for a license, the board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license, the liquor control board may consider any prior criminal conduct of the applicant and the provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases. The board may, in its discretion, grant or refuse the license applied for. Authority to approve an uncontested or unopposed license may be granted by the board to any staff member the board designates in writing. Conditions for granting such authority shall be adopted by rule. No retail license of any kind may be issued to:

(a) A person who has not resided in the state for at least one month prior to making application, except in cases of licenses issued to dining places on railroads, boats, or aircraft;

(b) A copartnership, unless all of the members thereof are qualified to obtain a license, as provided in this section;

(c) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;

(d) A corporation, unless it was created under the laws of the state of Washington or holds a certificate of authority to transact business in the state of Washington; or

(e) Any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the board with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3)(a) The board may, in its discretion, subject to the provisions of RCW 66.08.150, suspend or cancel any license; and all rights of the licensee to keep or sell liquor thereunder shall be suspended or terminated, as the case may be.

(b) The board shall immediately suspend the license or certificate of a person who either (i) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (ii) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

(c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules and regulations as the board may adopt.

(d) Witnesses shall be allowed fees and mileage each way to and from any such inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446, as now or hereafter amended. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.

(e) In case of disobedience of any person to comply with the order of the board or a subpoena issued by the board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, shall compel obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.

(4) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the license to the board. Where the license has been suspended only, the board shall return the license to the licensee at the expiration or termination of the period of suspension. The board shall notify all vendors in the city or place where the licensee has its premises of the suspension or cancellation of the license; and no employee may allow or cause any liquor to be delivered to or for any person at the premises of that licensee.

(5)(a) At the time of the original issuance of a class H license, the board shall prorate the license fee charged to the new licensee according to the number of calendar quarters, or portion thereof, remaining until the first renewal of that license is required.

(b) Unless sooner canceled, every license issued by the board shall expire at midnight of the thirtieth day of June of the fiscal year for which it was issued. However, if the board deems it feasible and desirable to do so, it may establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the annual renewal dates for any and all licenses authorized by this chapter. If such a system of staggered annual renewal dates is established by the board, the license fees provided by this chapter shall be appropriately prorated during the first year that the system is in effect.

(6) Every license issued under this section shall be subject to all conditions and restrictions imposed by this title or by the regulations in force from time to time. All conditions and restrictions imposed by the board in the issuance of an individual license shall be listed on the face of the individual license along with the trade name, address, and expiration date.

(7) Every licensee shall post and keep posted its license, or licenses, in a conspicuous place on the premises.

(8) Before the board shall issue a license to an applicant it shall give notice of such application to the chief executive officer of the incorporated city or town, if the application be for a license within an incorporated city or town, or to the county legislative authority, if the application be for a license outside the boundaries of incorporated cities or towns; and such incorporated city or town, through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, shall have the right to file with the board within twenty days after date of transmittal of such notice, written objections against the applicant or against the premises for which the license is asked, and shall include with such objections a statement of all facts upon which such objections are based, and in case written objections are filed, may request and the liquor control board may in its discretion hold a formal hearing subject to the applicable provisions of Title 34 RCW. Upon the granting of a license under this title the board shall send a duplicate of the license or written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.

(9) Before the board issues any license to any applicant, it shall give (a) due consideration to the location of the business to be conducted under such license with respect to the proximity of churches, schools, and public institutions and (b) written notice by certified mail of the application to churches, schools, and public institutions within five hundred feet of the premises to be licensed. The board shall issue no beer retailer license class A, B, D, or E or wine retailer license class C or F or class H license covering any premises not now licensed, if such premises are within five hundred feet of the premises of any tax-supported public elementary or secondary school measured along the most direct route over or across established public walks, streets, or other public passageway from the outer property line of the school grounds to the nearest public entrance of the premises proposed for license, and if, after receipt by the school or public institution of the notice as provided in this subsection, the board receives written notice, within twenty days after posting such notice, from an official representative or representatives of the school within five hundred feet of said proposed licensed premises, indicating to the board that there is an objection to the issuance of such license because of proximity to a school. For the purpose of this section, church shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. No liquor license may be issued or reissued by the board to any motor sports facility or licensee operating within the motor sports facility unless the motor sports facility enforces a program reasonably calculated to prevent alcohol or alcoholic beverages not purchased within the facility from entering the facility and such program is approved by local law enforcement agencies. It is the intent under this subsection that a retail license shall not be issued by the board where doing so would, in the judgment of the board, adversely affect a private school meeting the requirements for private schools under Title 28A RCW, which school is within five hundred feet of the proposed licensee. The board shall fully consider and give substantial weight to objections filed by private schools. If a license is issued despite the proximity of a private school, the board shall state in a letter addressed to the private school the board's reasons for issuing the license.

(10) The restrictions set forth in subsection (9) of this section shall not prohibit the board from authorizing the assumption of existing licenses now located within the restricted area by other persons or licenses or relocations of existing licensed premises within the restricted area. In no case may the licensed premises be moved closer to a church or school than it was before the assumption or relocation.

(11) Nothing in this section prohibits the board, in its discretion, from issuing a temporary retail or wholesaler license to an applicant assuming an existing retail or wholesaler license to continue the operation of the retail or wholesaler premises during the period the application for the license is pending and when the following conditions exist:

(a) The licensed premises has been operated under a retail or wholesaler license within ninety days of the date of filing the application for a temporary license;

(b) The retail or wholesaler license for the premises has been surrendered pursuant to issuance of a temporary operating license;

(c) The applicant for the temporary license has filed with the board an application to assume the retail or wholesaler license at such premises to himself or herself; and

(d) The application for a temporary license is accompanied by a temporary license fee established by the board by rule.

A temporary license issued by the board under this section shall be for a period not to exceed sixty days. A temporary license may be extended at the discretion of the board for an additional sixty-day period upon payment of an additional fee and upon compliance with all conditions required in this section.

Refusal by the board to issue or extend a temporary license shall not entitle the applicant to request a hearing. A temporary license may be canceled or suspended summarily at any time if the board determines that good cause for cancellation or suspension exists. RCW 66.08.130 and chapter 34.05 RCW shall apply to temporary licenses.

Application for a temporary license shall be on such form as the board shall prescribe. If an application for a temporary license is withdrawn before issuance or is refused by the board, the fee which accompanied such application shall be refunded in full.

Sec. 599. RCW 43.63B.040 and 1994 c 284 s 19 are each amended to read as follows:

(1) The department shall issue a certificate of manufactured home installation to an applicant who has taken the training course, passed the examination, paid the fees, and in all other respects ((meet[s])) meets the qualifications. The certificate shall bear the date of issuance, a certification identification number, and is renewable every three years upon application and completion of a continuing education program as determined by the department. A renewal fee shall be assessed for each certificate. If a person fails to renew a certificate by the renewal date, the person must retake the examination and pay the examination fee.

(2) The certificate of manufactured home installation provided for in this chapter grants the holder the right to engage in manufactured home installation throughout the state, without any other installer certification.

(4) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 600. RCW 70.95D.040 and 1989 c 431 s 68 are each amended to read as follows:

(1) The department shall establish a process to certify incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards and procedures developed by national organizations and the federal government.

(2) Operators shall be certified if they:

(a) Attend the required training sessions;

(b) Successfully complete required examinations; and

(3) By January 1, 1991, the department shall adopt rules to require incinerator and appropriate landfill operators to:

(a) Attend a training session concerning the operation of the relevant type of landfill or incinerator;

(b) Demonstrate sufficient skill and competency for proper operation of the incinerator or landfill by successfully completing an examination prepared by the department; and

(4) The department shall provide for the collection of fees for the issuance and renewal of certificates. These fees shall be sufficient to recover the costs of the certification program.

(5) The department shall establish an appeals process for the denial or revocation of a certificate.

(6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local government, or a professional association.

(7) Upon July 23, 1989, and prior to January 1, 1992, the owner or operator of an incinerator or landfill may apply to the department for interim certification. Operators shall receive interim certification if they:

(a) Have received training provided by a recognized national organization, educational institution, or the federal government that is acceptable to the department; or

(b) Have received individualized training in a manner approved by the department; and

(8) No interim certification shall be valid after January 1, 1992, and interim certification shall not automatically qualify operators for certification pursuant to subsections (2) through (4) of this section.

(10) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 601. A new section is added to chapter 70.95B RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 602. RCW 17.21.130 and 1994 c 283 s 15 are each amended to read as follows:

Any license, permit, or certification provided for in this chapter may be revoked or suspended, and any license, permit, or certification application may be denied by the director for cause. If the director suspends a license under this chapter with respect to activity of a continuing nature under chapter 34.05 RCW, the director may elect to suspend the license for a subsequent license year during a period that coincides with the period commencing thirty days before and ending thirty days after the date of the incident or incidents giving rise to the violation.

The director shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (2) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 603. RCW 17.21.132 and 1994 c 283 s 16 are each amended to read as follows:

Any person applying for a license or certification authorized under the provisions of this chapter shall file an application on a form prescribed by the director.

(1) The application shall state the license or certification and the classification(s) for which the applicant is applying and the method in which the pesticides are to be applied.

(2) For all classes of licenses except private applicator, all applicants shall be at least eighteen years of age on the date that the application is made. Applicants for a private pesticide applicator license shall be at least sixteen years of age on the date that the application is made.

(3) Application for a license to apply pesticides shall be accompanied by the required fee. No license may be issued until the required license fee has been received by the department. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.

(4) Each classification of license issued under this chapter shall expire annually on a date set by rule by the director. License expiration dates may be staggered for administrative purposes. Renewal applications shall be filed on or before the applicable expiration date.

No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 604. RCW 64.44.060 and 1990 c 213 s 7 are each amended to read as follows:

(1) After January 1, 1991, a contractor may not perform decontamination, demolition, or disposal work unless issued a certificate by the state department of health. The department shall establish performance standards for contractors by rule in accordance with chapter 34.05 RCW, the administrative procedure act. The department shall train and test, or may approve courses to train and test, contractors and their employees on the essential elements in assessing property used as an illegal drug manufacturing or storage site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective equipment, methods for proper demolition, removal, and disposal of contaminated property, and relevant federal and state regulations. Upon successful completion of the training, the contractor or employee shall be certified.

(2) The department may require the successful completion of annual refresher courses provided or approved by the department for the continued certification of the contractor or employee.

(3) The department shall provide for reciprocal certification of any individual trained to engage in decontamination, demolition, or disposal work in another state when the prior training is shown to be substantially similar to the training required by the department. The department may require such individuals to take an examination or refresher course before certification.

(4) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted pursuant to this chapter. A certificate may be denied, suspended, or revoked on any of the following grounds:

(a) Failing to perform decontamination, demolition, or disposal work under the supervision of trained personnel;

(b) Failing to file a work plan;

(d) Failing to perform work that meets the requirements of the department; ((or))

(e) The certificate was obtained by error, misrepresentation, or fraud; or

(f) If the person has either (i) been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (ii) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(6) A contractor who violates any provision of this chapter may be assessed a fine not to exceed five hundred dollars for each violation.

(((6))) (7) The department of health shall prescribe fees as provided for in RCW 43.70.250 for the issuance and renewal of certificates, the administration of examinations, and for the review of training courses.

(((7))) (8) The decontamination account is hereby established in the state treasury. All fees collected under this chapter shall be deposited in this account. Moneys in the account may only be spent after appropriation for costs incurred by the department in the administration and enforcement of this chapter.

Sec. 605. RCW 19.146.210 and 1994 c 33 s 10 are each amended to read as follows:

(1) The director shall issue and deliver a mortgage broker license to an applicant if, after investigation, the director makes the following findings:

(a) The applicant has paid the required license fees;

(b) The applicant has complied with RCW 19.146.205;

(c) Neither the applicant nor any of its principals has had a license issued under this chapter or any similar state statute suspended or revoked within five years of the filing of the present application;

(d) Neither the applicant nor any of its principals has been convicted of a gross misdemeanor involving dishonesty or financial misconduct or a felony within seven years of the filing of the present application;

(e) Either the applicant or one of its principals, who may be designated by the applicant, (i) has at least two years of experience in the residential mortgage loan industry or has completed the educational requirements established by rule of the director and (ii) has passed a written examination whose content shall be established by rule of the director; and

(f) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a belief that the business will be operated honestly, fairly, and efficiently within the purposes of this chapter.

(2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not issue the license. The director shall notify the applicant of the denial and return to the applicant the bond or approved alternative and any remaining portion of the license fee that exceeds the department's actual cost to investigate the license.

(4) The director shall issue a license under this chapter to any licensee issued a license under chapter 468, Laws of 1993, that has a valid license and is otherwise in compliance with the provisions of this chapter.

(((4))) (5) A license issued pursuant to this chapter is valid from the date of issuance with no fixed date of expiration.

(((5))) (6) A licensee may surrender a license by delivering to the director written notice of surrender, but the surrender does not affect the licensee's civil or criminal liability arising from acts or omissions occurring before such surrender.

Sec. 606. RCW 19.146.220 and 1994 c 33 s 12 are each amended to read as follows:

(1) The director shall enforce all laws and rules relating to the licensing of mortgage brokers, grant or deny licenses to mortgage brokers, and hold hearings. The director may impose any one or more of the following sanctions:

(a) Suspend or revoke licenses, deny applications for licenses, or impose penalties upon violators of cease and desist orders issued under this chapter. The director may impose fines, as established by rule by the director, for violations of or failure to comply with any lawful directive, order, or requirement of the director. Each day's continuance of the violation or failure to comply is a separate and distinct violation or failure;

(b) Issue an order directing a licensee, its employee or loan originator, or other person subject to this chapter to cease and desist from conducting business in a manner that is injurious to the public or violates any provision of this chapter, or to pay restitution to an injured borrower; or

(c) Issue an order removing from office or prohibiting from participation in the conduct of the affairs of a licensed mortgage broker, or both, any officer, principal, employee, or loan originator, as the case may be, of any licensed mortgage broker.

(2) The director may take those actions specified in subsection (1) of this section if the director finds any of the following:

(a) The licensee has failed to pay a fee due the state of Washington under this chapter or, to maintain in effect the bond or approved alternative required under this chapter; or

(b) The licensee, employee or loan originator of the licensee, or person subject to the license requirements or prohibited practices of this chapter has failed to comply with any specific order or demand of the director lawfully made and directed to the licensee, employee, or loan originator of the licensee in accordance with this chapter; or

(c) The licensee, its employee or loan originator, or other person subject to this chapter has violated any provision of this chapter or a rule adopted under this chapter; or

(d) The licensee made false statements on the application or omitted material information that, if known, would have allowed the director to deny the application for the original license.

(3) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions. Every licensed mortgage broker that does not maintain a physical office within the state must maintain a registered agent within the state to receive service of any lawful process in any judicial or administrative noncriminal suit, action, or proceeding, against the licensed mortgage broker which arises under this chapter or any rule or order under this chapter, with the same force and validity as if served personally on the licensed mortgage broker. Service upon the registered agent shall be effective if the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director. In any judicial action, suit, or proceeding arising under this chapter or any rule or order adopted under this chapter between the department or director and a licensed mortgage broker who does not maintain a physical office in this state, venue shall be exclusively in the superior court of Thurston county.

NEW SECTION. Sec. 607. A new section is added to chapter 26.09 RCW to read as follows:

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

(a) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

(b) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

(c) "Licensing entity" includes any department, board, commission, or other organization of the state authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, or industry, and the Washington state bar association.

(d) "Noncompliance with a residential or visitation order" means that a court has found the parent in contempt of court, under RCW 26.09.160 for failure to comply with a residential provision of a court-ordered parenting plan on two occasions within three years.

(e) "Residential or visitation order" means the residential schedule or visitation schedule contained in a court-ordered parenting plan.

(2) If a court determines under RCW 26.09.160 that a parent is not in compliance with a provision of a residential or visitation order under RCW 26.09.160, the court shall enter an order directed to the appropriate licensing entity certifying that the parent is not in compliance with a residential or visitation order. The order shall contain the noncomplying parent's name, address, and social security number, and shall indicate whether the obligor is believed to be a licensee who has a license, is in the process of applying for a license, or may seek renewal of a license issued directly by the licensing entity or through a board affiliated with the licensing entity. The court clerk shall forward the order to the licensing entity.

(3) The court shall set a review hearing date to determine whether the noncomplying parent becomes in compliance with the residential or visitation order. If the court determines at the review hearing that the parent is in compliance with the residential or visitation order, the court shall provide the parent with a written release stating that the parent is in compliance with the residential or visitation order. (4) Upon receipt of the court order, the licensing entity shall refuse to issue or renew a license to the licensee or shall suspend the licensee's license until the licensee provides the licensing entity with a release from the court that states the licensee is in compliance with the residential or visitation order.

Sec. 608. RCW 26.09.160 and 1991 c 367 s 4 are each amended to read as follows:

(1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for support or maintenance or to permit contact with children is not suspended. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another, to condition payment of child support upon an aspect of the parenting plan, to refuse to pay ordered child support, to refuse to perform the duties provided in the parenting plan, or to hinder the performance by the other parent of duties provided in the parenting plan, shall be deemed bad faith and shall be punished by the court by holding the party in contempt of court and by awarding to the aggrieved party reasonable attorneys' fees and costs incidental in bringing a motion for contempt of court.

(2)(a) A motion may be filed to initiate a contempt action to coerce a parent to comply with an order establishing residential provisions for a child. If the court finds there is reasonable cause to believe the parent has not complied with the order, the court may issue an order to show cause why the relief requested should not be granted.

(b) If, based on all the facts and circumstances, the court finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the child, the court shall find the parent in contempt of court. Upon a finding of contempt, the court shall order:

(i) The noncomplying parent to provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child, due to the parent's noncompliance;

(ii) The parent to pay, to the moving party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and

(iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars.

The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order, but in no event for more than one hundred eighty days.

(3) On a second failure within three years to comply with a residential provision of a court-ordered parenting plan, a motion may be filed to initiate contempt of court proceedings according to the procedure set forth in subsection (2) (a) and (b) of this section. On a finding of contempt under this subsection, the court shall ((order)):

(a) Order the noncomplying parent to provide the other parent or party additional time with the child. The additional time shall be twice the amount of the time missed with the child, due to the parent's noncompliance;

(b) Order the noncomplying parent to pay, to the other parent or party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; ((and))

(c) Order the noncomplying parent to pay, to the moving party, a civil penalty of not less than two hundred fifty dollars; and

(d) Enter an order under section 607 of this act directed to the appropriate licensing entity certifying that the parent is not in compliance with the residential schedule or visitation schedule of a permanent parenting plan.

The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order but in no event for more than one hundred eighty days.

(4) For purposes of subsections (1), (2), and (3) of this section, the parent shall be deemed to have the present ability to comply with the order establishing residential provisions unless he or she establishes otherwise by a preponderance of the evidence. The parent shall establish a reasonable excuse for failure to comply with the residential provision of a court-ordered parenting plan by a preponderance of the evidence.

(5) Any monetary award ordered under subsections (1), (2), and (3) of this section may be enforced, by the party to whom it is awarded, in the same manner as a civil judgment.

(6) Subsections (1), (2), and (3) of this section authorize the exercise of the court's power to impose remedial sanctions for contempt of court and is in addition to any other contempt power the court may possess.

(7) Upon motion for contempt of court under subsections (1) through (3) of this section, if the court finds the motion was brought without reasonable basis, the court shall order the moving party to pay to the nonmoving party, all costs, reasonable attorneys' fees, and a civil penalty of not less than one hundred dollars.

Sec. 609. RCW 26.09.165 and 1994 c 162 s 2 are each amended to read as follows:

All court orders containing parenting plan provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall include the following language:

WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS OF THIS ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS PUNISHABLE BY CONTEMPT OF COURT, MAY CAUSE THE VIOLATOR TO BE DENIED OR HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE, AND MAY BE A CRIMINAL OFFENSE UNDER RCW 9A.40.060(2) or 9A.40.070(2). VIOLATION OF THIS ORDER MAY SUBJECT A VIOLATOR TO ARREST.

Sec. 610. RCW 26.23.050 and 1994 c 230 s 9 are each amended to read as follows:

(1) If the office of support enforcement is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation:

(a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry;

(b) A statement that a notice of payroll deduction may be issued, or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

(i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

(ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; ((and))

(c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child; and

(d) A statement that the responsible parent's privileges to obtain and maintain a license, as defined in section 502 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 502 of this act.

As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.

(2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties.

(a) The superior court shall include in all orders under this subsection that establish or modify a support obligation:

(i) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

(A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

(B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

(ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate.

(b) The superior court may order immediate or delayed income withholding as follows:

(i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW.

(ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that a notice of payroll deduction may be issued, or other income-withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent, after a payment is past due.

(c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the office of support enforcement provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the office of support enforcement's subsequent service of an income withholding notice.

(3) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that the responsible parent's privileges to obtain and maintain a license, as defined in section 502 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 502 of this act. All administrative orders shall also state that a notice of payroll deduction may be issued, or other income withholding action taken without further notice to the responsible parent at any time after entry of the order, unless:

(a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or

(b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement.

(4) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that a notice of payroll deduction may be issued if a support payment is past due or at any time after the entry of the order, or that a parent's licensing privileges may be denied, not renewed, or suspended, the office of support enforcement may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt.

(5) Every support order shall state:

(a) The address where the support payment is to be sent;

(b) That a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of an order by the court, unless:

(i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

(ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement;

(c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based;

(d) The support award as a sum certain amount;

(e) The specific day or date on which the support payment is due;

(f) The social security number, residence address, and name and address of the employer of the responsible parent;

(g) The social security number and residence address of the physical custodian except as provided in subsection (6) of this section;

(h) The names, dates of birth, and social security numbers, if any, of the dependent children;

(i) In cases requiring payment to the Washington state support registry, that the parties are to notify the Washington state support registry of any change in residence address. The responsible parent shall notify the registry of the name and address of his or her current employer, whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information;

(j) That any parent owing a duty of child support shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related as provided under RCW 26.09.105;

(k) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union without further notice to the obligor as provided under chapter 26.18 RCW; ((and))

(l) The reasons for not ordering health insurance coverage if the order fails to require such coverage; and

(m) That the responsible parent's privileges to obtain and maintain a license, as defined in section 502 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 502 of this act.

(6) The physical custodian's address:

(a) Shall be omitted from an order entered under the administrative procedure act. When the physical custodian's address is omitted from an order, the order shall state that the custodian's address is known to the office of support enforcement.

(b) A responsible parent may request the physical custodian's residence address by submission of a request for disclosure under RCW 26.23.120 to the office of support enforcement.

(7) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation which provide that support payments shall be made to the support registry. If a superior court order entered prior to January 1, 1988, directs the responsible parent to make support payments to the clerk, the clerk shall send a true and correct copy of the support order and the payment record to the registry for enforcement action when the clerk identifies that a payment is more than fifteen days past due. The office of support enforcement shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the social security act.

(8) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the office of support enforcement and who are not recipients of public assistance is deemed to be a request for payment services only.

(9) After the responsible parent has been ordered or notified to make payments to the Washington state support registry under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section.

Sec. 611. RCW 26.18.100 and 1994 c 230 s 4 are each amended to read as follows:

The wage assignment order shall be substantially in the following form:

IN THE SUPERIOR COURT OF THE

STATE OF WASHINGTON IN AND FOR THE

COUNTY OF . . . . . . . . .

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

Obligee No. . . . .

vs.

. . . . . . .. . . . . . .. . . . . . .. . . . . . ., WAGE ASSIGNMENT

Obligor ORDER

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

Employer

THE STATE OF WASHINGTON TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employer

AND TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligor

The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or spousal maintenance payments, or both, in an amount equal to or greater than the child support or spousal maintenance payable for one month. The amount of the accrued child support or spousal maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or spousal maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or spousal maintenance obligation under the order is . . . . . . dollars per . . . . . .

You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows:

(1) Withhold from the obligor's earnings or remuneration each month, or from each regular earnings disbursement, the lesser of:

(a) The sum of the accrued support or spousal maintenance debt and the current support or spousal maintenance obligation;

(b) The sum of the specified arrearage payment amount and the current support or spousal maintenance obligation; or

(2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

(3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts at each regular pay interval.

You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:

(a) The court that the wage assignment has been modified or terminated; or

(b) The addressee specified in the wage assignment order under this section that the accrued child support or spousal maintenance debt has been paid.

You shall promptly notify the court and the addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect for one year after the employee has left your employment or you are no longer in possession of any earnings or remuneration owed to the employee, whichever is later. You shall continue to hold the wage assignment order during that period. If the employee returns to your employment during the one-year period you shall immediately begin to withhold the employee's earnings according to the terms of the wage assignment order. If the employee has not returned to your employment within one year, the wage assignment will cease to have effect at the expiration of the one-year period, unless you still owe the employee earnings or other remuneration.

You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below at each regular pay interval.

You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or spousal maintenance, or order to withhold or deliver under chapter 74.20A RCW.

WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT OR SPOUSAL MAINTENANCE DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.

NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER. REGARDLESS OF THE FACT THAT YOUR WAGES ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY BE DENIED OR HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS OF PAYMENTS.

DATED THIS . . . . day of . . . ., 19. . .

. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligee, Judge/Court Commissioner

or obligee's attorney

Send withheld payments to: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 612. RCW 26.23.060 and 1994 c 230 s 10 are each amended to read as follows:

(1) The office of support enforcement may issue a notice of payroll deduction:

(a) As authorized by a support order that contains the income withholding notice provisions in RCW 26.23.050 or a substantially similar notice; or

(b) After service of a notice containing an income withholding provision under this chapter or chapter 74.20A RCW.

(2) The office of support enforcement shall serve a notice of payroll deduction upon a responsible parent's employer or upon the employment security department for the state in possession of or owing any benefits from the unemployment compensation fund to the responsible parent pursuant to Title 50 RCW by personal service or by any form of mail requiring a return receipt.

(3) Service of a notice of payroll deduction upon an employer or employment security department requires the employer or employment security department to immediately make a mandatory payroll deduction from the responsible parent's unpaid disposable earnings or unemployment compensation benefits. The employer or employment security department shall thereafter deduct each pay period the amount stated in the notice divided by the number of pay periods per month. The payroll deduction each pay period shall not exceed fifty percent of the responsible parent's disposable earnings.

(4) A notice of payroll deduction for support shall have priority over any wage assignment, garnishment, attachment, or other legal process.

(5) The notice of payroll deduction shall be in writing and include:

(a) The name and social security number of the responsible parent;

(b) The amount to be deducted from the responsible parent's disposable earnings each month, or alternate amounts and frequencies as may be necessary to facilitate processing of the payroll deduction;

(c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent's disposable earnings; ((and))

(d) The address to which the payments are to be mailed or delivered; and

(e) A notice to the responsible parent warning the responsible parent that, despite the payroll deduction, the responsible parent's privileges to obtain and maintain a license, as defined in section 502 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 502 of this act.

(6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.

(7) An employer or employment security department that receives a notice of payroll deduction shall make immediate deductions from the responsible parent's unpaid disposable earnings and remit proper amounts to the Washington state support registry on each date the responsible parent is due to be paid.

(8) An employer, or the employment security department, upon whom a notice of payroll deduction is served, shall make an answer to the office of support enforcement within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer shall also state whether the responsible parent is employed by or receives earnings from the employer or receives unemployment compensation benefits from the employment security department, whether the employer or employment security department anticipates paying earnings or unemployment compensation benefits and the amount of earnings. If the responsible parent is no longer employed, or receiving earnings from the employer, the answer shall state the present employer's name and address, if known. If the responsible parent is no longer receiving unemployment compensation benefits from the employment security department, the answer shall state the present employer's name and address, if known.

(9) The employer or employment security department may deduct a processing fee from the remainder of the responsible parent's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed: (a) Ten dollars for the first disbursement made to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the registry.

(10) The notice of payroll deduction shall remain in effect until released by the office of support enforcement, the court enters an order terminating the notice and approving an alternate arrangement under RCW 26.23.050(2), or one year has expired since the employer has employed the responsible parent or has been in possession of or owing any earnings to the responsible parent or the employment security department has been in possession of or owing any unemployment compensation benefits to the responsible parent.

PART VII. WELFARE EVALUATION AND EFFECTIVENESS STUDIES

NEW SECTION. Sec. 701. A new section is added to chapter 44.28 RCW to read as follows:

(1) The legislative budget committee shall conduct an evaluation of the effectiveness of the programs described in chapter . . ., Laws of 1996 (this act). The evaluation shall assess the success of the programs in assisting clients to become employed and to reduce their use of aid to families with dependent children. It may include, but not be limited to:

(a) The costs and effectiveness of the programs;

(b) The extent to which work and job training opportunities have led to employment outcomes and economic independence;

(c) An analysis of aid to families with dependent children outcomes, including grant amounts and program exits, for clients; and

(d) An audit of performance-based contracts to providers offering job opportunities and basic skills training program services.

(2) Administrative data shall be provided by the department of social and health services, the employment security department, the state board for community and technical colleges, local government providers, and private contractors. The department of social and health services shall require contractors to provide administrative and outcome data needed for this evaluation.

(3) Additional data may be collected directly from clients if not available from administrative records.

(4) The legislative budget committee may convene an evaluation advisory group to assist in the study process. It may contract for services necessary to accomplish the purposes of this section.

(5) The legislative budget committee shall present an evaluation plan to the legislature after consultation with the federal government on the design of the evaluation.

(6) The legislative budget committee shall submit annual reports to the legislature, beginning in December 1999, with a final report due in December 2003, unless an earlier date is recommended by the committee.

PART VIII. MISCELLANEOUS

Sec. 801. RCW 74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended to read as follows:

For the purposes of this title, unless the context indicates otherwise, the following definitions shall apply:

(1) "Public assistance" or "assistance"—Public aid to persons in need thereof for any cause, including services, medical care, assistance grants, disbursing orders, work relief, general assistance and federal-aid assistance.

(2) "Department"—The department of social and health services.

(3) "County or local office"—The administrative office for one or more counties or designated service areas.

(4) "Director" or "secretary" means the secretary of social and health services.

(5) "Federal-aid assistance"—The specific categories of assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.

(6)(a) "General assistance"—Aid to persons in need who:

(i) Are not eligible to receive federal-aid assistance, other than food stamps and medical assistance; however, an individual who refuses or fails to cooperate in obtaining federal-aid assistance, without good cause, is not eligible for general assistance;

(ii) Meet one of the following conditions:

(A) Pregnant: PROVIDED, That need is based on the current income and resource requirements of the federal aid to families with dependent children program: PROVIDED FURTHER, That during any period in which an aid for dependent children employable program is not in operation, only those pregnant women who are categorically eligible for medicaid are eligible for general assistance; or

(B) Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as determined by the department.

(C) Persons who are unemployable due to alcohol or drug addiction are not eligible for general assistance. Persons receiving general assistance on July 26, 1987, or becoming eligible for such assistance thereafter, due to an alcohol or drug-related incapacity, shall be referred to appropriate assessment, treatment, shelter, or supplemental security income referral services as authorized under chapter 74.50 RCW. Referrals shall be made at the time of application or at the time of eligibility review. Alcoholic and drug addicted clients who are receiving general assistance on July 26, 1987, may remain on general assistance if they otherwise retain their eligibility until they are assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of this section shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;

(iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States under color of law; and

(iv) Have furnished the department their social security account number. If the social security account number cannot be furnished because it has not been issued or is not known, an application for a number shall be made prior to authorization of assistance, and the social security number shall be provided to the department upon receipt.

(b) Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this section, general assistance shall be provided to the following recipients of federal-aid assistance:

(i) Recipients of supplemental security income whose need, as defined in this section, is not met by such supplemental security income grant because of separation from a spouse; or

(ii) To the extent authorized by the legislature in the biennial appropriations act, to recipients of aid to families with dependent children whose needs are not being met because of a temporary reduction in monthly income below the entitled benefit payment level caused by loss or reduction of wages or unemployment compensation benefits or some other unforeseen circumstances. The amount of general assistance authorized shall not exceed the difference between the entitled benefit payment level and the amount of income actually received.

(c) General assistance shall be provided only to persons who are not members of assistance units receiving federal aid assistance, except as provided in subsection (6)(a)(ii)(A) and (b) of this section, and will accept available services which can reasonably be expected to enable the person to work or reduce the need for assistance unless there is good cause to refuse. Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such services and subject to the following maximum periods of ineligibility after reapplication:

(i) First failure: One week;

(ii) Second failure within six months: One month;

(iii) Third and subsequent failure within one year: Two months.

(d) Persons found eligible for general assistance based on incapacity from gainful employment may, if otherwise eligible, receive general assistance pending application for federal supplemental security income benefits. Any general assistance that is subsequently duplicated by the person's receipt of supplemental security income for the same period shall be considered a debt due the state and shall by operation of law be subject to recovery through all available legal remedies.

(e) The department shall adopt by rule medical criteria for general assistance eligibility to ensure that eligibility decisions are consistent with statutory requirements and are based on clear, objective medical information.

(f) The process implementing the medical criteria shall involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted medical opinion must set forth clear and convincing reasons for doing so.

(g) Recipients of general assistance based upon a finding of incapacity from gainful employment who remain otherwise eligible shall not have their benefits terminated absent a clear showing of material improvement in their medical or mental condition or specific error in the prior determination that found the recipient eligible by reason of incapacitation. Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain otherwise eligible, and are not eligible to receive benefits under the federal aid to families with dependent children program shall not have their benefits terminated until the end of the month in which the period of six weeks following the birth of the recipient's child falls. Recipients of the federal aid to families with dependent children program who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.

(7) "Applicant"—Any person who has made a request, or on behalf of whom a request has been made, to any county or local office for assistance.

(8) "Recipient"—Any person receiving assistance and in addition those dependents whose needs are included in the recipient's assistance.

(9) "Standards of assistance"—The level of income required by an applicant or recipient to maintain a level of living specified by the department.

(10) "Resource"—Any asset, tangible or intangible, owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's need, either directly or by conversion into money or its equivalent: PROVIDED, That an applicant may retain the following described resources and not be ineligible for public assistance because of such resources.

(a) A home, which is defined as real property owned and used by an applicant or recipient as a place of residence, together with a reasonable amount of property surrounding and contiguous thereto, which is used by and useful to the applicant. Whenever a recipient shall cease to use such property for residential purposes, either for himself or his dependents, the property shall be considered as a resource which can be made available to meet need, and if the recipient or his dependents absent themselves from the home for a period of ninety consecutive days such absence, unless due to hospitalization or health reasons or a natural disaster, shall raise a rebuttable presumption of abandonment: PROVIDED, That if in the opinion of three physicians the recipient will be unable to return to the home during his lifetime, and the home is not occupied by a spouse or dependent children or disabled sons or daughters, such property shall be considered as a resource which can be made available to meet need.

(b) Household furnishings and personal effects and other personal property having great sentimental value to the applicant or recipient, as limited by the department consistent with limitations on resources and exemptions for federal aid assistance.

(c) A motor vehicle, other than a motor home, used and useful having an equity value not to exceed ((one)) five thousand ((five hundred)) dollars.

(d) All other resources, including any excess of values exempted, not to exceed one thousand dollars or other limit as set by the department, to be consistent with limitations on resources and exemptions necessary for federal aid assistance. The department shall also allow recipients of aid to families with dependent children to exempt savings accounts with combined balances of up to an additional three thousand dollars.

(e) Applicants for or recipients of general assistance shall have their eligibility based on resource limitations consistent with the aid to families with dependent children program rules adopted by the department.

(f) If an applicant for or recipient of public assistance possesses property and belongings in excess of the ceiling value, such value shall be used in determining the need of the applicant or recipient, except that: (i) The department may exempt resources or income when the income and resources are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public assistance, or to aid in rehabilitating the applicant or recipient or a dependent of the applicant or recipient; and (ii) the department may provide grant assistance for a period not to exceed nine months from the date the agreement is signed pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons when they are making a good faith effort to dispose of that property: PROVIDED, That:

(A) The applicant or recipient signs an agreement to repay the lesser of the amount of aid received or the net proceeds of such sale;

(B) If the owner of the excess property ceases to make good faith efforts to sell the property, the entire amount of assistance may become an overpayment and a debt due the state and may be recovered pursuant to RCW 43.20B.630;

(C) Applicants and recipients are advised of their right to a fair hearing and afforded the opportunity to challenge a decision that good faith efforts to sell have ceased, prior to assessment of an overpayment under this section; and

(D) At the time assistance is authorized, the department files a lien without a sum certain on the specific property.

(11) "Income"—(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are received by or become available for use and enjoyment by an applicant or recipient during the month of application or after applying for or receiving public assistance. The department may by rule and regulation exempt income received by an applicant for or recipient of public assistance which can be used by him to decrease his need for public assistance or to aid in rehabilitating him or his dependents, but such exemption shall not, unless otherwise provided in this title, exceed the exemptions of resources granted under this chapter to an applicant for public assistance. In determining the amount of assistance to which an applicant or recipient of aid to families with dependent children is entitled, the department is hereby authorized to disregard as a resource or income the earned income exemptions consistent with federal requirements. The department may permit the above exemption of earnings of a child to be retained by such child to cover the cost of special future identifiable needs even though the total exceeds the exemptions or resources granted to applicants and recipients of public assistance, but consistent with federal requirements. In formulating rules and regulations pursuant to this chapter, the department shall define income and resources and the availability thereof, consistent with federal requirements. All resources and income not specifically exempted, and any income or other economic benefit derived from the use of, or appreciation in value of, exempt resources, shall be considered in determining the need of an applicant or recipient of public assistance.

(b) If, under applicable federal requirements, the state has the option of considering property in the form of lump sum compensatory awards or related settlements received by an applicant or recipient as income or as a resource, the department shall consider such property to be a resource.

(12) "Need"—The difference between the applicant's or recipient's standards of assistance for himself and the dependent members of his family, as measured by the standards of the department, and value of all nonexempt resources and nonexempt income received by or available to the applicant or recipient and the dependent members of his family.

(13) "Caretaker" means the parent of the dependent child or children who is head of the household. However, in situations where there are two parents in the household, "caretaker" means that parent who, as a parent, has received assistance under the program for the longest period.

(14) For purposes of determining eligibility for public assistance and participation levels in the cost of medical care, the department shall exempt restitution payments made to people of Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act passed by congress, P.L. 100-383, including all income and resources derived therefrom.

(((14))) (15) In the construction of words and phrases used in this title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future tenses, unless the context thereof shall clearly indicate to the contrary.

(16) Except for subsections (17) and (18) of this section, section 601, chapter . . ., Laws of 1996 (this section) shall not take effect if sections 301, 302, 305, and 306 of this act do not become law.

(17) Section 1, chapter 136, Laws of 1992 is repealed if sections 301, 302, 305, and 306 of this act do not become law.

(18) Section 1, chapter 165, Laws of 1992 is repealed if sections 301, 302, 305, and 306 of this act do not become law.

NEW SECTION. Sec. 802. A new section is added to chapter 26.23 RCW to read as follows:

(1) The office of support enforcement shall enter into contracts with collection agencies for collection of accounts that the office of support enforcement is unsuccessful in collecting after twelve months. The listing collection agency shall not assess the department of social and health services any fee. All fees collected shall be in addition to the amount of the debt owed by the delinquent party and shall be assessed to the delinquent party not to exceed twenty percent of the amount owed. All child support collected by the collection agency shall be paid to the state.

(2) The department of social and health services shall monitor each case that it refers to a collection agency.

(3) The department of social and health services shall evaluate the effectiveness of entering into contracts for services under this section.

(4) The department of social and health services shall provide annual reports to the legislature on the results of its analysis under subsections (2) and (3) of this section for the first three years after the effective date of this section.

NEW SECTION. Sec. 803. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state. As used in this section, "allocation of federal funds to the state" means the allocation of federal funds that are appropriated by the legislature to the department of social and health services and on which the department depends for carrying out any provision of the operating budget applicable to it.

Sec. 804. RCW 74.08.025 and 1981 1st ex.s. c 6 s 9 are each amended to read as follows:

Public assistance ((shall)) may be awarded to any applicant:

(1) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and

(2) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and

(3) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.

Sec. 805. RCW 74.08.080 and 1989 c 175 s 145 are each amended to read as follows:

(1)(a) A public assistance applicant or recipient who is aggrieved by a decision of the department or an authorized agency of the department has the right to an adjudicative proceeding. A current or former recipient who is aggrieved by a department claim that he or she owes a debt for an overpayment of assistance or food stamps, or both, has the right to an adjudicative proceeding.

(b) An applicant or recipient has no right to an adjudicative proceeding when the sole basis for the department's decision is a state or federal law that requires an assistance adjustment for a class of recipients.

(c) An applicant or recipient may not use the defense of equitable estoppel or any other equitable defenses in any adjudicative proceeding involving public assistance.

(2) The adjudicative proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW, and this subsection.

(a) The applicant or recipient must file the application for an adjudicative proceeding with the secretary within ninety days after receiving notice of the aggrieving decision.

(b) The hearing shall be conducted at the local community services office or other location in Washington convenient to the appellant.

(c) The appellant or his or her representative has the right to inspect his or her department file and, upon request, to receive copies of department documents relevant to the proceedings free of charge.

(d) The appellant has the right to a copy of the tape recording of the hearing free of charge.

(e) The department is limited to recovering an overpayment arising from assistance being continued pending the adjudicative proceeding to the amount recoverable up to the sixtieth day after the secretary's receipt of the application for an adjudicative proceeding.

(f) If the final adjudicative order is made in favor of the appellant, assistance shall be paid from the date of denial of the application for assistance or thirty days following the date of application for aid to families with dependent children or forty-five days after date of application for all other programs, whichever is sooner; or in the case of a recipient, from the effective date of the local community services office decision.

(g) This subsection applies only to an adjudicative proceeding in which the appellant is an applicant for or recipient of medical assistance or the limited casualty program for the medically needy and the issue is his or her eligibility or ineligibility due to the assignment or transfer of a resource. The burden is on the department to prove by a preponderance of the evidence that the person knowingly and willingly assigned or transferred the resource at less than market value for the purpose of qualifying or continuing to qualify for medical assistance or the limited casualty program for the medically needy. If the prevailing party in the adjudicative proceeding is the applicant or recipient, he or she is entitled to reasonable attorney's fees.

(3)(a) When a person files a petition for judicial review as provided in RCW 34.05.514 of an adjudicative order entered in a public assistance program, no filing fee shall be collected from the person and no bond shall be required on any appeal. In the event that the superior court, the court of appeals, or the supreme court renders a decision in favor of the appellant, said appellant shall be entitled to reasonable attorney's fees and costs. If a decision of the court is made in favor of the appellant, assistance shall be paid from date of the denial of the application for assistance or thirty days after the application for aid to families with dependent children or forty-five days following the date of application, whichever is sooner; or in the case of a recipient, from the effective date of the local community services office decision.

Sec. 806. RCW 74.08.340 and 1959 c 26 s 74.08.340 are each amended to read as follows:

All assistance granted under this title shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may hereafter be enacted, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by such amending or repealing act. There is no entitlement to public assistance. Public assistance shall be considered solely as a charitable gesture or gift on the part of the state, which at any time may be discontinued.

NEW SECTION. Sec. 807. The following acts or parts of acts are each repealed:

(1) RCW 74.08.120 and 1992 c 108 s 2, 1987 c 75 s 39, 1981 1st ex.s. c 6 s 15, 1981 c 8 s 12, 1979 c 141 s 326, 1969 ex.s. c 259 s 1, 1969 ex.s. c 159 s 1, 1965 ex.s. c 102 s 1, & 1959 c 26 s 74.08.120;

(2) RCW 74.08.125 and 1993 c 22 s 1 & 1992 c 108 s 3; and

(3) RCW 74.12.420 and 1994 c 299 s 9.

NEW SECTION. Sec. 808. The child care coordinating council shall develop a proposal to exempt from time limits specified in chapter . . ., Laws of 1996 (this act), caretakers who provide paid child care services for other caretakers who participate in either job opportunities and basic skills training program activities or paid employment. The proposal shall specify the minimum hours of child care to be provided, reimbursement rates for services rendered, the number of children who may be cared for, and recommended training and licensing standards. The council shall submit the proposal to the appropriate committees of the senate and house of representatives no later than December 1, 1996.

NEW SECTION. Sec. 809. Until July 1, 1998, the governor shall report quarterly to the appropriate committees of the legislature on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.

NEW SECTION. Sec. 810. The table of contents, part headings, subheadings, and captions used in this act do not constitute any part of the law.

NEW SECTION. Sec. 811. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 812. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."

On page 1, line 1 of the title, after "work;" strike the remainder of the title and insert "amending RCW 74.25.010, 74.25.020, 26.16.205, 74.20A.020, 74.12.255, 74.04.0052, 13.34.160, 74.12.250, 46.20.291, 46.20.311, 18.04.335, 18.08.350, 18.08.350, 18.11.160, 18.16.100, 18.27.030, 18.27.060, 18.28.060, 18.39.181, 18.46.050, 18.51.054, 18.96.120, 18.96.150, 18.104.110, 18.106.070, 18.130.050, 18.130.120, 18.130.150, 18.160.080, 18.165.160, 18.170.170, 43.20A.205, 43.70.115, 19.28.120, 19.28.125, 19.28.310, 19.28.550, 19.28.580, 19.30.030, 19.30.060, 19.16.110, 19.16.120, 19.31.100, 19.31.130, 19.32.040, 19.32.060, 19.105.330, 19.105.380, 19.105.440, 19.138.130, 19.158.050, 19.166.040, 21.20.070, 21.20.110, 66.20.320, 67.08.040, 67.08.100, 19.02.100, 43.24.080, 43.24.110, 43.24.120, 70.74.110, 70.74.130, 70.74.135, 70.74.360, 70.74.370, 66.24.010, 43.63B.040, 70.95D.040, 17.21.130, 17.21.132, 64.44.060, 19.146.210, 19.146.220, 26.09.160, 26.09.165, 26.23.050, 26.18.100, 26.23.060, 74.08.025, 74.08.080, and 74.08.340; reenacting and amending RCW 18.145.080 and 74.04.005; adding new sections to chapter 74.25 RCW; adding a new section to chapter 74.13 RCW; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.96 RCW; adding a new section to chapter 18.104 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 20.01 RCW; adding a new section to chapter 48.17 RCW; adding a new section to chapter 74.15 RCW; adding a new section to chapter 47.68 RCW; adding a new section to chapter 71.12 RCW; adding a new section to chapter 66.20 RCW; adding a new section to chapter 66.24 RCW; adding a new section to chapter 88.02 RCW; adding a new section to chapter 43.24 RCW; adding a new section to chapter 70.95B RCW; adding a new section to chapter 26.09 RCW; adding a new section to chapter 44.28 RCW; adding a new section to chapter 26.23 RCW; creating new sections; repealing RCW 74.08.120, 74.08.125, and 74.12.420; repealing 1993 c 312 s 7; repealing 1992 c 136 s 1; repealing 1992 c 165 s 1; and providing contingent effective dates."

Representative Mastin moved the adoption of the following amendment to the amendment by Representative Mastin:

On page 8, after line 37 of the amendment, insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 74.12 RCW to read as follows:

(1) The department shall establish a housing assistance program to provide either rental or mortgage assistance to:

(a) A caretaker who is incapacitated or needed in the home to care for a member of the household who is incapacitated; or

(b) A household receiving a child only grant.

(2) The department shall adopt rules to establish:

(a) The maximum amount of monthly housing assistance available to caretakers or households under this program; and

(b) The maximum term of housing assistance to the caretaker or household."

Representative Mastin spoke in favor of adoption of the amendment to the amendment.

The amendment to the amendment was adopted.

Representative Cooke moved the adoption of the following amendment to the amendment by Representative Cooke:

On page 160, after line 11 of the amendment, strike section 812 and insert the following:

"NEW SECTION. Sec. 1. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."

On page 161, line 28 of the title amendment, after "c 165 s 1;" strike "and"

On page 161, line 29 of the title amendment, after "dates" insert "; and providing for submission of this act to a vote of the people"

Representatives Cooke, Foreman, Hargrove, Mastin, Smith and Hymes spoke in favor of adoption of the amendment to the amendment.

Representative Mastin demanded an electronic roll call vote and the demand was sustained.

Representatives Morris, Kessler, Brown, Scheuerman, Mason, Chappell, Dickerson and Quall spoke against adoption of the amendment to the amendment.

Representative Cooke again spoke in favor of adoption of the amendment to the amendment.

ROLL CALL

The Clerk called the roll on the adoption of the amendment to the amendment on page 160, after line 11, to Engrossed Third Substitute Senate Bill No. 6062 and the amendment was adopted by the following vote: Yeas - 65, Nays - 32, Absent - 0, Excused - 1.

Voting yea: Representatives Backlund, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Patterson, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 65.

Voting nay: Representatives Appelwick, Ballasiotes, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Kessler, Mason, Morris, Murray, Ogden, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 32.

Excused: Representative Pennington - 1.

With the consent of the House, amendment number 468 to Engrossed Third Substitute Senate Bill No. 6062 was withdrawn.

Representatives Cooke and Mastin spoke in favor of the adoption of the amendment as amended.

Representatives Tokuda, Patterson, Carrell, Brown and Chopp spoke against the adoption of the amendment as amended.

Representative Cooke again spoke in favor of the adoption of the amendment as amended.

The amendment as amended was adopted.

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

Representative Cooke spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Third Substitute Senate Bill No. 6062 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Third Substitute Senate Bill No. 6062 as amended by the House and the bill passed the House by the following vote: Yeas - 62, Nays - 35, Absent - 0, Excused - 1.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 62.

Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 35.

Excused: Representative Pennington - 1.

Engrossed Third Substitute Senate Bill No. 6062 as amended by the House, having received the constitutional majority, was declared passed.

MOTION

On motion of Representative Foreman, Engrossed Third Substitute Senate Bill No. 6062 as amended by the House was immediately transmitted to the Senate.

MESSAGE FROM THE SENATE

March 1, 1996

Mr. Speaker:

The President has signed:

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6146,

SENATE BILL NO. 6177,

SUBSTITUTE SENATE BILL NO. 6229,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6284,

SENATE BILL NO. 6366,

SENATE BILL NO. 6380,

SUBSTITUTE SENATE BILL NO. 6422,

SENATE BILL NO. 6425,

SENATE BILL NO. 6617,

SUBSTITUTE SENATE BILL NO. 6673,

SENATE JOINT MEMORIAL NO. 8028,

and the same are herewith transmitted.

Marty Brown, Secretary

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker called the House to order.

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1078,

HOUSE BILL NO. 2389,

SUBSTITUTE HOUSE BILL NO. 2535,

HOUSE BILL NO. 2589,

HOUSE BILL NO. 2628,

SUBSTITUTE HOUSE BILL NO. 2755,

HOUSE BILL NO. 2789,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6146,

SENATE BILL NO. 6177,

SUBSTITUTE SENATE BILL NO. 6229,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6284,

SENATE BILL NO. 6380,

SUBSTITUTE SENATE BILL NO. 6422,

SENATE BILL NO. 6425,

SENATE BILL NO. 6617,

SUBSTITUTE SENATE BILL NO. 6673,

SENATE JOINT MEMORIAL NO. 8028,

MESSAGES FROM THE SENATE

March 1, 1996

Mr. Speaker:

The President has signed:

SUBSTITUTE HOUSE BILL NO. 1008,

SECOND SUBSTITUTE HOUSE BILL NO. 1182,

HOUSE BILL NO. 1302,

HOUSE BILL NO. 2440,

HOUSE BILL NO. 2538,

HOUSE BILL NO. 2692,

SUBSTITUTE HOUSE BILL NO. 2746,

SUBSTITUTE HOUSE BILL NO. 2939,

and the same are herewith transmitted.

Marty Brown, Secretary

March 1, 1996

Mr. Speaker:

The President has signed:

SECOND ENGROSSED HOUSE BILL NO. 1659,

HOUSE BILL NO. 2259,

SUBSTITUTE HOUSE BILL NO. 2487,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2637,

HOUSE BILL NO. 2638,

HOUSE BILL NO. 2814,

and the same are herewith transmitted.

Marty Brown, Secretary

March 1, 1996

Mr. Speaker:

The President has signed:

HOUSE BILL NO. 2136,

SUBSTITUTE HOUSE BILL NO. 2294,

SUBSTITUTE HOUSE BILL NO. 2431,

HOUSE BILL NO. 2459,

HOUSE BILL NO. 2494,

HOUSE BILL NO. 2495,

SUBSTITUTE HOUSE BILL NO. 2513,

SUBSTITUTE HOUSE BILL NO. 2520,

HOUSE BILL NO. 2551,

HOUSE BILL NO. 2591,

HOUSE BILL NO. 2659,

HOUSE BILL NO. 2660,

HOUSE BILL NO. 2687,

HOUSE BILL NO. 2729,

SUBSTITUTE HOUSE BILL NO. 2730,

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4014,

HOUSE JOINT MEMORIAL NO. 4017,

and the same are herewith transmitted.

Marty Brown, Secretary

There being no objection, the House considered the following bills in the following order: House Bill No. 2953, Senate Bill No. 6292, Substitute Senate Bill No. 6267, Engrossed Substitute Senate Bill No. 6120, Senate Bill No. 6243, Engrossed Substitute Senate Bill No. 6392, Substitute Senate Bill No. 6530, Engrossed Substitute Senate Bill No. 6241, Substitute Senate Bill No. 6274, Engrossed Substitute Senate Bill No. 6168, Senate Bill No. 6453 and Engrossed Substitute Senate Bill No. 6680.

THIRD READING

SENATE BILL NO. 6292, by Senators Prentice, Sellar, Fraser and Quigley; by request of Insurance Commissioner

Defining member insurers and who they cover.

The bill was read the third time.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6292.

Representative B. Thomas spoke in favor of passage of the bill.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6292 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

Excused: Representative Pennington - 1.

Senate Bill No. 6292, having received the constitutional majority, was declared passed.

SECOND READING

SUBSTITUTE SENATE BILL NO. 6267, by Senate Committee on Education (originally sponsored by Senators McAuliffe, Sheldon, Johnson, Winsley, Rasmussen, Hochstatter, Drew and Smith)

Changing provisions relating to the principal internship support program.

The bill was read the second time.

Representative Hatfield moved the adoption of the following amendment by Representative Hatfield:

On page 2, line 11, after "participants." insert "Whenever possible, participants should be selected to reflect the racial and ethnic diversity of the student population in the educational service district region, and to represent an equal number of women and men."

On page 3, line 37, after "participants." insert "Whenever possible, participants should be selected to reflect the racial and ethnic diversity of the student population in the educational service district region, and to represent an equal number of women and men."

Representatives Hatfield, Quall, Cole and Linville spoke in favor of adoption of the amendment.

Representatives Brumsickle and McMahan spoke against adoption of the amendment.

Representative Brumsickle again spoke against adoption of the amendment.

Representative Dickerson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 2, line 11, to Substitute Senate Bill No. 6267 and the amendment was not adopted by the following vote: Yeas - 38, Nays - 59, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 38.

Voting nay: Representatives Backlund, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

Excused: Representative Pennington - 1.

Representative McMahan moved the adoption of the following amendment by Representative McMahan:

On page 4, after line 33, insert the following:

"NEW SECTION. Sec. 3. It is the intent of the legislature to ensure that an adequate pool of qualified substitutes exists to provide release time for candidates in internship programs. The internship certificate established under section 4 of this act allows an eligible person to teach in the state of Washington as a substitute for an internship candidate only. All eligible persons shall provide this release time under the guidance and supervision of the school district and the school principal.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.410 RCW to read as follows:

(1) An individual may obtain an internship certificate that allows the individual to teach in the state of Washington in order to provide release time for internship candidates under the internship support programs. Each candidate for an internship certificate shall:

(a) Possess a baccalaureate degree in the arts, sciences, or humanities from a college or university accredited by the Northwest association of schools and colleges or an equivalent accrediting organization;

(b) Have at least five years work experience relevant to the subject area or sufficient knowledge of the subject area to be taught. The superintendent of the school district shall determine, on a case-by-case basis, what constitutes sufficient knowledge.

(c) Meet the age and character requirements established by the state board of education for all certificated school staff, including compliance with the background check through the Washington state patrol criminal investigation system and the federal bureau of investigation as required under RCW 28A.410.010; and

(d) Possess a contract for substitute or release time employment in a school district of the state.

(2) Before beginning teaching under the internship certificate, the candidate shall develop with his or her employing school district and the school principal a written plan for training, supervision, guidance, and support to be provided to the candidate by the district and the principal for the duration of the internship certificate. The internship plan shall include, but not be limited to: training under the guidance of the school principal; assignment by the district of a mentor teacher; and completion of evaluations under the school district's teacher evaluation procedures. School districts or principals may require candidates to successfully complete preservice training before and during teaching. However, school districts or principals may not require that candidates participate in more training than is required of other teachers in the school district.

This program shall be coordinated with the internship support programs. An individual teaching under the internship certificate may be hired only to provide release time for principal, program administrator, or superintendent internship candidates. Principal internship candidates, as part of their training, may assist the school principal in the evaluation of the internship certificate holder.

(3) The internship certificate allows the holder full authority to serve as a part-time or full-time teacher. The certificate shall be valid for not more than two years of full-time teaching or its equivalent.

(4) Internship certification developed under this section shall be available beginning in the 1996-97 school year."

Correct the title accordingly.

Representatives McMahan and Smith spoke in favor of adoption of the amendment.

Representatives Brumsickle, Linville and Cole spoke against adoption of the amendment.

A division was called. The Speaker divided the House. The results of the division was 37-YEAS; 60-NAYS. The amendment was not adopted.

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

Representatives Brumsickle, Cole, Elliot and McMahan spoke in favor of passage of the bill.

Representative Veloria spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6267.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6267 and the bill passed the House by the following vote: Yeas - 89, Nays - 8, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Robertson, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Wolfe and Mr. Speaker - 89.

Voting nay: Representatives Chopp, Cody, Fisher, R., Mason, Regala, Romero, Tokuda and Veloria - 8.

Excused: Representative Pennington - 1.

Substitute Senate Bill No. 6267, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6120, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Quigley, Fairley, Kohl, McAuliffe, Loveland, Drew, Smith, Thibaudeau, Sheldon, Spanel, Rinehart, Bauer, Franklin, Wojahn, Goings, Winsley, Pelz and Rasmussen)

Establishing health insurance benefits following the birth of a child.

The bill was read the second time. Committee on Health Care recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

MOTION

Representative Cody moved that the House not adopt the committee amendment.

MOTION

Representative Dyer moved that the House adopt the committee amendment. The committee amendment was adopted.

Representative Cody moved the adoption of the following amendment to the committee amendment by Representative Cody:

On page 2, line 8 of the amendment, after "practice" insert "as determined by the clinical standards of the attending provider's profession"

On page 2, line 17 of the amendment, after "practice" insert "as determined by the clinical standards of the attending provider's profession"

Representative Cody spoke in favor of adoption of the amendment to the committee amendment.

Representative Backlund spoke against adoption of the amendment to the committee amendment.

The amendment to the committee amendment was not adopted.

Representative Dyer moved the adoption of the following amendment to the committee amendment by Representative Dyer:

On page 2, line 9 of the amendment, after "(b)" strike "Coverage" and insert "Covered eligible services"

On page 2, line 18 of the amendment, after "(d)" strike "Eligible coverage" and insert "Covered eligible services"

Representative Dyer spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

Representative Cody moved the adoption of the following amendment to the committee amendment by Representative Cody:

On page 2, line 14 of the amendment, after "follow-up care" insert ", including in-person care,"

Representatives Cody, Brown and Dellwo spoke in favor of adoption of the amendment to the committee amendment.

Representatives Lambert, Dyer and Backlund spoke against adoption of the amendment to the amendment.

A division was called. The Speaker divided the House. The results of the division was 59-YEAS; 38-NAYS. The amendment to the committee amendment was adopted.

There being no objection, the House deferred further consideration of Engrossed Substitute Senate Bill No. 6160 and the bill held it's place on the second reading calendar.

There being no objection, the House deferred consideration of Senate Bill No. 6243 and the bill held it's place on the second reading calendar.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6392, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Wood, Quigley, Roach, Cantu, Deccio, Prince and Moyer)

Requiring disclosures by managed care entities.

The bill was read the second time. Committee on Health Care recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

There being no objection, the committee amendment was moved.

Representative Cody moved the adoption of the following amendment to the committee amendment by Representative Cody:

On page 1, after line 33 of the amendment, strike "(3) The insurance commissioner is prohibited from adopting rules regarding this section."

On page 2, beginning on line 9 of the amendment, after "act." strike "The insurance commissioner is prohibited from adopting rules regarding this section."

On page 3, after line 2 of the amendment, strike "(4) The insurance commissioner is prohibited from adopting rules regarding this section."

On page 3, after line 33 of the amendment, strike "(4) The insurance commissioner is prohibited from adopting rules regarding this section."

Representative Cody spoke in favor of adoption of the amendment to the committee amendment.

Representative Dyer spoke against adoption of the amendment to the committee amendment.

The amendment to the committee amendment was not adopted.

Representative Murray moved the adoption of the following amendment to the committee amendment by Representative Murray:

On page 2, line 15 of the amendment, after "shall" strike "provide" and insert "disclose in writing, in a style understandable to a person with an average comprehension of the relevant language, using concise and specific terms, and in a manner prescribed by the insurance commissioner in rule,"

Representative Murray spoke in favor of adoption of the amendment to the committee amendment.

Representative Dyer spoke against adoption of the amendment to the committee amendment.

Representative Hatfield demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment to the committee amendment on page 2, line 15, to Engrossed Substitute Senate Bill No. 6392 and the amendment was not adopted by the following vote: Yeas - 42, Nays - 55, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hargrove, Hatfield, Horn, Hymes, Jacobsen, Keiser, Kessler, Lambert, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 42.

Voting nay: Representatives Backlund, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 55.

Excused: Representative Pennington - 1.

Representative Backlund moved the adoption of the following amendment to the committee amendment by Representative Backlund:

On page 2, after line 29 of the amendment insert:

"(f) A written description of any reimbursement or payment arrangements, including, but not limited to, capitation provisions, fee-for-service provisions, and health care delivery efficiency provisions between a carrier and a provider.

Renumber remaining items accordingly

Representative Backlund spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committe amendment was adopted.

Representative Cody moved the adoption of the following amendment to the committee amendment by Representative Cody:

On page 2, line 32 of the amendment, after "policies;" strike "and"

On page 2, line 34 of the amendment, after "care" insert "; and

(h) Cost of carrier operations, to be expressed in terms of:

(i) Total revenue; and

(ii) Percentage of total revenue and ratio to enrollee for the following items: Administrations; advertising and promotional activities; facilities; physician services; nonphysician health provider services; and nonhealth provider services"

Representative Cody spoke in favor of adoption of the amendment to the committee amendment.

Representative Dyer spoke against adoption of the amendment to the committee amendment.

Representative Cody again spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committee amendment was not adopted.

Representative Morris moved the adoption of the following amendment to the committee amendment by Representative Morris:

On page 2, line 32 of the amendment, after "policies;" strike "and"

On page 2, line 34 of the amendment, after "care" insert "; and

(h) Descriptions and justifications for provider compensation programs, including any incentives or penalties that are intended to encourage providers to withhold services or minimize or avoid referrals to specialists"

Representative Morris spoke in favor of adoption of the amendment to the committee amendment.

Representative Backlund spoke against adoption of the amendment to the committee amendment.

Representative Hatfield demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment to the committee amendment on page 2, line 32, to Engrossed Substitute Senate Bill No. 6392 and the amendment was adopted by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

The Speaker declared the House to be at ease.

The Speaker (Representative Horn presiding) called the House to order.

Representative Murray moved the adoption of the following amendment to the committee amendment by Representative Murray:

On page 2, line 32 of the amendment, after "policies;" strike "and"

On page 2, line 34 of the amendment, after "care" insert "; and

(h) Requirements, if any, that plan providers must comply with any specified numbers, targeted averages, or maximum durations of patient visits"

Representative Murray spoke in favor of adoption of the amendment to the committee amendment.

Representative Backlund spoke against adoption of the amendment to the committee amendment.

The amendment to the committee amendment was not adopted.

Representative Cody moved the adoption of the following amendment to the committee amendment by Representative Cody:

On page 2, line 32 of the amendment, after "policies;" strike "and"

On page 2, line 34 of the amendment, after "care" insert "; and

(h) Criteria and procedures for selecting and dismissing health care providers"

Representatives Cody and Conway spoke in favor of adoption of the amendment to the committee amendment.

Representative Backlund spoke against adoption of the amendment to the committee amendment.

The amendment to the committee amendment was not adopted.

With the consent of the House, amendment number 462 to Engrossed Substitute Senate Bill No. 6392 was withdrawn.

Representative Cody moved the adoption of the following amendment to the committee amendment by Representative Cody:

On page 3, after line 35 of the amendment, insert the following:

"NEW SECTION. Sec. 1. INSURER DISCLAIMING LIABILITY TO PATIENTS. (1) No health maintenance organization subject to the jurisdiction of the state of Washington may propose, issue, sign, or renew an agreement of any kind, including an enrollee service agreement, that contains a clause or language whose effect, in any way, is to disclaim liability for the care delivered or not delivered to an enrollee because of a decision of the health maintenance organization as to whether the care was a covered service, medically necessary, economically provided, medically appropriate, or similar consideration.

(2) No health maintenance organization subject to the jurisdiction of the state of Washington may propose, issue, sign, or renew an agreement of any kind, including an enrollee service agreement, that contains a clause or language whose effect, in any way, is to shift liability to the provider or the patient, or both, for the care delivered or not delivered in material part because of a payment or other related decision of the health maintenance organization. A clause is a violation of this subsection if, by way of illustration and not limitation, it says that the decision to obtain care is between the provider and the patient, failing to acknowledge the role of payment in such decisions.

(3) Nothing in this section shall be construed to create new liability on anyone for the health maintenance organization's payment or related decisions. The intent of this section is only to prevent health maintenance organizations from disclaiming or shifting any existing liability to either providers or patients, or both."

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 4, line 3 of the amendment, after "through" strike "5" and insert "6"

POINT OF ORDER

Representative Sherstad: Thank you Mr. Speaker. I would request a ruling on the scope and object on the amendment to Engrossed Substitute Senate Bill No. 6392.

There being no objection, the House deferred further consideration of Engrossed Substitute Senate Bill No. 6392 and the bill held it's place on the second reading calendar.

There being no objection, the House resumed consideration of Engrossed Substitute Senate Bill No. 6120.

Representative Morris moved the adoption of the following amendment to the committee amendment by Representative Morris:

On page 2, line 19 of the amendment, after "mother" insert ", including, but not limited to, at least three follow-up in-home, clinic, provider office, or hospital outpatient visits within fourteen days of delivery, if ordered by the attending provider. Covered services must include a first visit conducted by an attending provider, as defined in this section, a midwife licensed under chapter 18.50 RCW, or a registered nurse"

Representative Morris spoke in favor of adoption of the amendment to the committee amendment.

Representative Dyer spoke against adoption of the amendment to the committee amendment.

The amendment to the committee amendment was not adopted.

Representative Patterson moved the adoption of the following amendment to the committee amendment by Representative Patterson:

On page 2, line 19 of the amendment, after "mother." insert "Covered follow-up services must include, but are not limited to, physical assessment of the mother and newborn, parent education, assistance and training in breast or bottle feeding, assessment of the home support system, and the performance of any clinical tests ordered by the attending provider."

Representative Patterson spoke in favor of adoption of the amendment to the committee amendment.

Representative Backlund spoke against adoption of the amendment to the committee amendment.

Representative Hatfield demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment to the committee amendment on page 2, line 19, to Engrossed Substitute Senate Bill No. 6120 and the amendment was not adopted by the following vote: Yeas - 37, Nays - 60, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 37.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 60.

Excused: Representative Pennington - 1.

Representative Dyer moved the adoption of the following amendment to the committee amendment by Representative Dyer:

On page 3, after line 6 of the amendment, insert the following new subsection:

"(7) This section shall apply to coverage for maternity services under a contract issued or renewed by a health carrier after the effective date of this section and shall apply to plans operating under the health care authority under chapter 41.05 RCW beginning January 1, 1998."

Representative Dyer spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

There being no objection, the committee amendment as amended was adopted.

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

Representatives Backlund, Dyer and Conway spoke in favor of passage of the bill.

Representatives Cody and Brown spoke against passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6120 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6120 as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Engrossed Substitute Senate Bill No. 6120 as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House resumed consideration of Engrossed Substitute Senate Bill No. 6392.

SPEAKER'S RULING

Representative Sherstad, the Speaker is prepared to rule on your point of order which requested a scope and object ruling on amendment 452 to Engrossed Substitute Senate Bill No. 6392.

The title of the bill is: AN ACT Relating to disclosure by managed care entities.

The purpose of the act is to provide medical care consumers with more information about what is covered by their medical plans.

The amendment, unlike the bill, attempts to control what language must be or not be in a policy, and goes beyond simply disclosing information.

The Speaker finds that amendment 452 goes beyond both the scope of the title and the object of Engrossed Substitute Senate Bill No. 6392.

Representative Sherstad, your point of order is well taken.

There being no objection, the committee amendment as amended was adopted.

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

Representatives Backlund, Cody, Hymes, Dyer and Conway spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6392 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6392 as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Engrossed Substitute Senate Bill No. 6392 as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6241, by Senate Committee on Ways & Means (originally sponsored by Senators Sellar and Snyder)

Allowing certain cities and towns to maintain lodging taxes for tourism promotion and convention facilities.

The bill was read the second time. Committee on Finance recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 50 Day, February 26, 1996.)

There being no objection, the committee amendment was moved.

Representative Hankins moved the adoption of the following amendment to the committee amendment by Representative Hankins:

On page 2, of the amendment, line 23, strike "forty-five" and insert "thirty"

Representative Hankins spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

With the consent of the House, amendment numbers 398 and 438 to Engrossed Substitute Senate Bill No. 6241 was withdrawn.

There being no objection, the committee amendment as amended was adopted.

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

Representative B. Thomas spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6241 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6241 as amended by the House and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hatfield, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

Voting nay: Representatives Campbell, Hargrove, Hickel, Mitchell and Smith - 5.

Excused: Representative Pennington - 1.

Engrossed Substitute Senate Bill No. 6241 as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the Rules Committee was relieved of further consideration of Senate Bill No. 5500 and Substitute Senate Bill No. 6513 and the bills were placed on the second reading calendar.

SUBSTITUTE SENATE BILL NO. 6597, by Senators Haugen, Winsley, Heavey, Sheldon, Hale, Snyder, Wood, McAuliffe, Finkbeiner, Goings, Pelz, Franklin, Loveland, Thibaudeau, Smith, Drew, Kohl, Fraser, Rasmussen, Fairley, Sutherland and Bauer

Adopting development regulations for preapplication and reasonable use exceptions.

The bill was read the second time. Committee on Government Operations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

There being no objection, the committee amendment was adopted.

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

Representative Reams spoke in favor of passage of the bill.

Representative Rust spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6597 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6597 as amended by the House and the bill passed the House by the following vote: Yeas - 68, Nays - 29, Absent - 0, Excused - 1.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 68.

Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Jacobsen, Keiser, Mason, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 29.

Excused: Representative Pennington - 1.

Substitute Senate Bill No. 6597 as amended by the House, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Substitute Senate Bill No. 6597.

BRIAN HATFIELD, 19th District

HOUSE BILL NO. 2953, by Representatives Benton, L. Thomas, Mulliken, Chappell, McMahan, Pelesky, Dyer, Casada, Pennington, Silver, Sheldon, Stevens, Boldt, Hatfield, Keiser, Romero, Linville, Basich, Clements, Morris, Johnson, Robertson, Smith, Elliot, Kessler, Hymes, Brumsickle, Schoesler, Campbell, Grant, Quall, Costa, B. Thomas and Lambert

Allowing relief from interest and penalties on delinquent taxes on property in flood disaster areas.

The bill was read the second time.

Representative Benton moved the adoption of the following amendment by Representative Benton:

On page 2, line 34, after "residences" strike all material through "1996." on line 36

On page 2, line 34, after "residences" insert the following material:

"that have been destroyed or damaged as a result of flooding on or after January 1, 1996, and before May 1, 1996, and are located in a county that the governor has declared to be in a disaster area."

Representative H. Sommers moved the adoption of the following amendment to the amendment by Representative H. Sommers:

On page 1 of the amendment, line 7, after "damaged" insert "to the extent of at least twenty percent of the value of the residence"

Representative H. Sommers spoke in favor of adoption of the amendment to the amendment.

Representative Morris spoke against adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

Representative Benton spoke in favor of adoption of amendment number 400.

The amendment was adopted.

The bill was ordered engrossed.

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

Representative Benton spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2953.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2953 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

Voting nay: Representative Appelwick - 1.

Excused: Representative Pennington - 1.

Engrossed House Bill No. 2953, having received the constitutional majority, was declared passed.

There being no objection, the House considered the following bills in the following order: Senate Bill No. 6243 Senate Bill No. 5500, Substitute Senate Bill No. 6543, Engrossed Substitute Senate Bill No. 6168 and Substitute Senate Bill No. 6274.

There being no objection, the House resumed consideration of Senate Bill No. 6243.

There being no objection, the committee amendment was not adopted.

With the consent of the House, amendment numbers 416 and 419 to Senate Bill No. 6243 were withdrawn.

Representative Pelesky moved the adoption of the following amendment by Representative Pelesky:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds a fundamental difference between providing certain health care services to inmates who are under a sentence of death or whose death sentence is under appellate review and providing such services to inmates who have been sentenced to life or to a lesser term. The people of Washington state should not be required to provide or pay for health care services not otherwise constitutionally required for inmates who are under a sentence of death or whose death sentence is under appellate review.

NEW SECTION. Sec. 2. A new section is added to chapter 72.10 RCW to read as follows:

(l) For an inmate who is under a sentence of death or whose

death sentence is under appellate review, the department may provide basic, non-emergency health care services, including administration of medication necessary for pain relief or to prevent infection or contagion, but shall not use any public funds to provide a life-saving health care procedure. The department may, however, provide procedures such as cardiopulmonary resuscitation, the Heimlich maneuver, and other similar, basic emergency life-saving procedures.

(2) For purposes of this section, the term "life-saving health care procedure" means a medical or surgical treatment or intervention to sustain, restore, or replace a bodily function, where failure to perform the treatment or intervention may result in the inmate's death. This term includes, but is not limited to, open-heart surgery, organ transplants, bone marrow transplants, and chemotherapy.

(3) The inmate shall be responsible for the costs of any health care services obtained or provided unless the provision of the health care service is otherwise required by law as determined to be binding upon the state of Washington by a court of competent jurisdiction. Under the authority granted under RCW 72.01.050(2), the secretary shall direct the superintendent to collect the amount due directly from the offender's institution account. If the balance of the account is insufficient to meet the costs of the health care services provided, the department may obtain a judgment and may obtain a lien on any real property owned by the offender. The inmate shall be provided due process to defend against the lien before the department may enforce the judgment against any real property owned by the inmate.

NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

Correct the title accordingly.

Representatives Pelesky, Campbell and McMahan spoke in favor of adoption of the amendment.

Representatives Dickerson, Cole and Morris spoke against adoption of the amendment.

Representative Stevens demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 2, line 24, to Senate Bill No. 6243 and the amendment was adopted by the following vote: Yeas - 71, Nays - 26, Absent - 0, Excused - 1. Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Patterson, Pelesky, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 71.

Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Jacobsen, Mason, Morris, Murray, Ogden, Poulsen, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 26.

Excused: Representative Pennington - 1.

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

Representative Pelesky spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6243 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6243 as amended by the House and the bill passed the House by the following vote: Yeas - 78, Nays - 19, Absent - 0, Excused - 1.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven and Mr. Speaker - 78.

Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Dellwo, Dickerson, Fisher, R., Jacobsen, Mason, Murray, Poulsen, Regala, Rust, Scheuerman, Scott, Tokuda, Veloria and Wolfe - 19.

Excused: Representative Pennington - 1.

Senate Bill No. 6243 as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 5500, by Senators Smith, Long and Gaspard; by request of Attorney General

Clarifying the method of execution to be used in Washington state.

The bill was read the second time.

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

Representative Sheahan spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 5500.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5500 and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Wolfe and Mr. Speaker - 92.

Voting nay: Representatives Fisher, R., Mason, Murray, Regala and Veloria - 5.

Excused: Representative Pennington - 1.

Senate Bill No. 5500, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6543, by Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser, Haugen and Swecker)

Making adjustments to provisions integrating growth management planning and environmental review.

The bill was read the second time. Committee on Government Operations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

There being no objection, the committee amendment was moved.

POINT OF ORDER

Representative Rust: Thank you Mr. Speaker. I would request a ruling on the scope and objection on the committee amendment.

SPEAKER'S RULING

Representative Rust, the Speaker is prepared to rule on your point of order which raised scope and object objections to the committee amendment to Substitute Senate Bill No. 6543.

The title of Substitute Senate Bill No. 6543 is: AN ACT Relating to making technical corrections to the omnibus 1995 legislation that integrates growth management planning and environmental review, and conforming the terminology and provisions of subdivision, zoning, and other laws to the provisions of such legislation.

The title attempts to narrow the scope of a very broad subject area. The bill seems to amend most of the Revised Code of Washington.

If the bill that came from the Senate only contained technical corrections to the 1995 act and made no new policy decisions, that Speaker would quite easily rule the House committee amendment beyond both the scope of the title and the object of the bill.

In addition to dozens of technical corrections the Senate bill adds a distinction between pre-decision appeals and post decision appeals to the permitting process that was not a part of the 1995 act.

The Senate bill allows the county or city to provide for separate appeals of SEPA decisions, which was not in the 1995 act.

The Senate bill alters the time lines of the 120 day consolidated permitting procedures in a manner not found in the 1995 act.

The Senate amendments as passed in Substitute Senate Bill No. 6543 do open the bill to some non-technical amendments.

The Speaker finds that at least three of the house proposals contained in the striker are not technical, they are in the area of subdivisions and platting, Sepa Categorical exemptions, and state agency development permits. The SEPA Categorical exemptions are the most troubling in terms of finding the house amendment to be within the scope and object of the Substitute Senate Bill No. 6543.

The Speaker finds is unable to conclude that the amendment is clearly outside the scope and object of Substitute Senate Bill No. 6543.

Representative Rust, your point of order is not well taken.

There being no objection, the committee amendment was moved.

Representative Elliot moved the adoption of the following amendment to the committee amendment by Representative Elliot:

On page 36, after line 30 of the amendment, insert the following:

"NEW SECTION. Sec. 1. The legislature recognizes that the availability of minerals through surface mining is essential to the economic well-being of the state and nation. The citizens of the state are rapidly running out of approved or designated sites to extract these minerals. Therefore, the available sources of these minerals are nearly exhausted.

The state has enacted several laws in recent years directing local governments to make land use decisions for appropriate uses of land through designation in advance of or during the comprehensive planning process and then to limit the specific approval process to mitigating specific impacts of the use or uses allowed by the designation. The current planning and regulatory environment makes economically viable permits unobtainable for the vast majority of the sites where the minerals are located and needed.

The cost of transportation of minerals for any significant distance can have a compounding effect on the costs to the taxpayers of the state. Surface mining must take place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. But surface mining is a finite use of the land and another beneficial use must follow through reclamation.

Therefore, the legislature finds that designation, production, and conservation of adequate sources of minerals under section 35 of this act is in the best interests of the citizens of the state.

NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

(1)(a) Where the county has classified mineral lands pursuant to RCW 36.70A.050 and mineral resource lands of long-term commercial significance exist, a county shall designate sufficient mineral resource lands in the comprehensive plans to meet the projected twenty-year, county-wide need. Once designated, mineral resource uses, including operations as defined in RCW 78.44.031, shall be established as an allowed use in local development regulations.

(b) The county shall designate mineral resource deposits, both active and inactive, in economically viable proximity to locations where the deposits are likely to be used.

(d) Proximity provisions of (b) of this subsection and subsection (5)(a) of this section do not apply to metallic placer, dolomite, limestone, magnesite, or quartzite deposits, and any activity related to the development or operation of such deposits.

(2) Nothing in this section precludes any unit of government from accepting the lowest responsible bid for purchase of mineral materials, regardless of source.

(3) Through its comprehensive plan and development regulations, as defined in RCW 36.70A.030, a county, city, or town shall discourage the siting of new applications of incompatible uses adjacent to mineral resource industries, deposits, and holdings.

(4) Any additions or amendments to comprehensive plans or development regulations required by this section shall be adopted at the next regularly scheduled amendment of the comprehensive plan or development regulations which occurs at least six months after the effective date of this section.

(5) For the purposes of this section:

(a) "Long-term commercial significance" includes the mineral composition of the land for long-term economically viable commercial production, in consideration with the mineral resource land's proximity to population areas, product markets, and the possibility of more intense uses of the land.

(b) "Allowed use" means the use or uses specified by local development regulations as appropriate within those areas designated through the advance or comprehensive planning process. Once designated, a proposed allowed use shall be reviewed for project specific impacts and may be conditioned to mitigate significant adverse impacts within the context of site plan approval, but such review shall not revisit the question of land use.

(6) Nothing in this section shall modify the procedures and requirements of chapter 43.21C RCW and allowed uses shall be reviewed in accordance with chapter 43.21C RCW."

Renumber the remaining section consecutively.

On page 37, line 6 of the title amendment, after "43.05 RCW;" insert "adding a new section to chapter 36.70A RCW; creating a new section;"

POINT OF ORDER

Representative Rust: Thank you Mr. Speaker. I would request a ruling on the scope and object on the committee amendment to Substitute Senate Bill No. 6543.

There being no objection the committee amendment was adopted.

SPEAKER'S RULING

Representative Rust, the Speaker is prepared to rule on your point of order which requested a scope and object ruling on Representative Elliot's amendment to the House committee amendment to Substitute Senate Bill No. 6543.

As noted just moments ago, the title of Substitute Senate Bill No. 6543 is narrow but covers the very broad area of growth management planning.

The proposed amendment would require counties to designate mineral resource deposits sufficient to meet the county 20 year plan. While this might be a good idea, it is an idea not found in the bill that came from the Senate and not within the nature of the non-technical amendments added by the Senate and proposed by the House committee.

The proposed amendment is beyond object of both the bill and the House committee amendment.

Representative Rust, your point of order is well taken.

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

Representative Reams spoke in favor of passage of the bill.

Representative Rust spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6543 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6543 as amended by the House and the bill passed the House by the following vote: Yeas - 69, Nays - 28, Absent - 0, Excused - 1.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 69.

Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Jacobsen, Keiser, Mason, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 28.

Excused: Representative Pennington - 1.

Substitute Senate Bill No. 6543 as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6168, by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Johnson, Newhouse and Winsley)

Amending the limited liability companies act.

The bill was read the second time.

Representative Appelwick moved the adoption of the following amendment by Representative Appelwick:

On page 3, after line 24, insert the following:

"Sec. 1. RCW 25.04.720 and 1995 c 337 s 5 are each amended to read as follows:

(1) A person or group of persons licensed or otherwise legally authorized to render professional services, as defined in RCW 18.100.030, within this state may organize and become a member or members of a limited liability partnership under the provisions of this chapter for the purposes of rendering professional service. Nothing in this section prohibits a person duly licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from becoming a member of a limited liability partnership organized for the purpose of rendering the same professional services. Nothing in this section prohibits a limited liability partnership from rendering professional services outside this state through individuals who are not duly licensed or otherwise legally authorized to render such professional services within this state.

(2)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified pursuant to chapters 18.06, 18.19, 18.22, 18.25, 18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.64, 18.79, 18.83, 18.89, 18.108, and 18.138 RCW may join and render their individual professional services through one limited liability partnership and are to be considered, for the purpose of forming a limited liability partnership, as rendering the "same specific professional services" or "same professional services" or similar terms.

(b) Notwithstanding any other provision of this chapter, health care professionals who are licensed pursuant to chapters 18.57 and 18.71 RCW may join and render their individual professional services through one limited liability partnership and are to be considered, for the purpose of forming a limited liability partnership, as rendering the "same specific professional services" or "same professional services" or similar terms.

(c) Formation of a limited liability partnership under this subsection does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential."

Renumber remaining sections consecutively and correct internal references and the title accordingly.

Representatives Appelwick and Sheahan spoke in favor of adoption of the amendment.

The amendment was adopted.

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

Representatives Sheahan and Dellwo spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6168 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6168 as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Engrossed Substitute Senate Bill No. 6168 as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6274, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Roach, Quigley, Wood, Smith, Schow, Winsley, Oke, A. Anderson, Rasmussen, Haugen and McAuliffe)

Providing for increased supervision of sex offenders for up to the entire maximum term of the sentence.

The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

There being no objection, the committee amendment was moved.

Representative Ballasiotes moved the adoption of the following amendment to the committee amendment by Representative Ballasiotes:

On page 24, beginning on line 33 of the amendment, strike sections 6, 7, 8, 9, and 10

Re-number the remaining sections consecutively, and correct any internal references and the title accordingly.

Representative Ballasiotes spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

Representative Sterk moved the adoption of the following amendment to the committee amendment by Representative Sterk:

On page 35, line 7, after "offenses." insert the following material:

"Sec. 14. RCW 9.95.062 and 1989 c 276 s 1 are each amended to read as follows:

(1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:

(a) The defendant is likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed; or

(b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or

(d) The defendant has not undertaken to the extent of the defendant's financial ability to pay the financial obligations under the judgment or has not posted an adequate performance bond to assure payment.

(2) An appeal by a defendant convicted of one of the following offenses shall not stay execution of the judgment of conviction: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.

(3) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed.

Sec. 15. RCW 10.64.025 and 1989 c 276 s 2 are each amended to read as follows:

(1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.

(2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses."

Renumber remaining sections, correct internal references, and correct the title accordingly.

Representative Sterk spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

Representative D. Sommers moved the adoption of the following amendment to the committee amendment by Representative D. Sommers:

On page 35 of the amendment, after line 7, insert the following:

"Sec. 14. RCW 9A.44.130 and 1995 c 268 s 3, 1995 c 248 s 1, and 1995 c 195 s 1 are each reenacted and amended to read as follows:

(1) Any adult or juvenile residing in this state who has been found to have committed or has been convicted of any sex offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense, shall register with the county sheriff for the county of the person's residence.

(2) The person shall provide the county sheriff with the following information when registering: (a) Name; (b) address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) aliases used; and (h) social security number.

(3)(a) Sex offenders shall register within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses:

(i) SEX OFFENDERS IN CUSTODY. Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The agency that has jurisdiction over the offender shall provide notice to the sex offender of the duty to register. Failure to register within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (7) of this section.

(ii) SEX OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders, who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(ii) as of July 28, 1991, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

(iii) SEX OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(iii) as of July 23, 1995, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

(iv) SEX OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.

(v) SEX OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990. Sex offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.

(vi) SEX OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released prior to July 23, 1995, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify offenders who were released prior to July 23, 1995. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (7) of this section.

(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (7) of this section. The county sheriff shall not be required to determine whether the person is living within the county.

(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.

(4)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff ((within ten)) at least fourteen days ((of)) before moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with ((the)) that county sheriff ((in the new county)) within ((ten days)) twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state.

(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.

(5) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.

(6) "Sex offense" for the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330 means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.090 or 9A.44.096 as well as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.

(7) A person who knowingly fails to register or who moves without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a class A felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a class A felony. If the crime was other than a class A felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a class A felony, violation of this section is a gross misdemeanor.

Sec. 15. RCW 9A.44.140 and 1995 c 268 s 4, 1995 c 248 s 2, and 1995 c 195 s 2 are each reenacted and amended to read as follows:

(1) The duty to register under RCW 9A.44.130 shall end:

(a) For a person convicted of a class A felony: Such person may only be relieved of the duty to register under subsection (3) or (4) of this section.

(b) For a person convicted of a class B felony: Fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of any new offenses.

(c) For a person convicted of a class C felony ((or any)), a violation of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C felony: Ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive years in the community without being convicted of any new offenses.

(2) The provisions of subsection (1) of this section shall apply equally to a person who has been found not guilty by reason of insanity under chapter 10.77 RCW of a sex offense.

(3) Any person having a duty to register under RCW 9A.44.130 may petition the superior court to be relieved of that duty. The petition shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county. The prosecuting attorney of the county shall be named and served as the respondent in any such petition. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors. Except as provided in subsection (4) of this section, the court may relieve the petitioner of the duty to register only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

(4) An offender having a duty to register under RCW 9A.44.130 for a sex offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors. The court may relieve the petitioner of the duty to register for a sex offense that was committed while the petitioner was fifteen years of age or older only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The court may relieve the petitioner of the duty to register for a sex offense that was committed while the petitioner was under the age of fifteen if the petitioner (a) has not been adjudicated of any additional sex offenses during the twenty-four months following the adjudication for the sex offense giving rise to the duty to register, and (b) the petitioner proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

(5) Unless relieved of the duty to register pursuant to this section, a violation of RCW 9A.44.130 is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.

(6) Nothing in RCW 9.94A.220 relating to discharge of an offender shall be construed as operating to relieve the offender of his or her duty to register pursuant to RCW 9A.44.130."

Renumber the remaining sections consecutively, and correct any internal references and the bill title accordingly.

Representative D. Sommers spoke in favor of adoption of the amendment to the committee amendment.

There being no objection, the committee amendment as amended was adopted.

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

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

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6274 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6274 as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Substitute Senate Bill No. 6274 as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6513, by Senate Committee on Ways & Means (originally sponsored by Senators Sheldon, Oke, Owen, Loveland, Heavey, Drew, Fairley, Prentice, Thibaudeau, Sutherland, Snyder, Bauer, Wojahn, Rinehart, Goings, McAuliffe, Cantu, Roach, Rasmussen and Kohl)

Securing a permanent homeport for the U.S.S. Missouri.

The bill was read the second time.

Representative K. Schmidt moved the adoption of the following amendment by Representative K. Schmidt:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds and declares that permanently locating the U.S.S. Missouri in the city of Bremerton will be of significant economic, historical, and educational benefit to the state of Washington. The Washington state ferries will play a significant role in providing access to the U.S.S. Missouri for visitors coming from the east side of Puget Sound. The increase in ridership associated with the attraction will require an investment in new pedestrian facilities that connect the attraction to the Bremerton ferry terminal. In addition, the placement of the U.S.S. Missouri requires complex anchorage and dolphins to protect ferry system navigation lanes. This act supports, in part, the required infrastructure investments and provides financial resources for the Washington state ferries to accomplish the objectives. Additionally, funding is provided for ongoing operation and maintenance costs associated with passenger-only ferry service to the city of Bremerton necessary to support ridership increases associated with visitors to the U.S.S. Missouri.

Sec. 2. RCW 82.38.030 and 1989 c 193 s 3 are each amended to read as follows:

(1) There is hereby levied and imposed upon special fuel users a tax at the rate computed in the manner provided in RCW 82.36.025 per gallon or each one hundred cubic feet of compressed natural gas measured at standard pressure and temperature on the use of special fuel in any motor vehicle, or a ferry owned or operated by the state of Washington, operated upon the highways or waterways of this state during the fiscal year for which such rate is applicable.

(2) The tax shall be collected by the special fuel dealer and shall be paid over to the department as hereinafter provided: (a) With respect to all special fuel delivered by a special fuel dealer into supply tanks of motor vehicles or into storage facilities used for the fueling of motor vehicles at unbonded service stations in this state; or (b) in all other transactions where the purchaser is not the holder of a valid special fuel license issued pursuant to this chapter allowing the purchase of untaxed special fuel, except sales of special fuel for export. To claim an exemption on account of sales by a licensed special fuel dealer for export, the purchaser shall obtain from the selling special fuel dealer, and such selling special fuel dealer must furnish the purchaser, an invoice giving such details of the sale for export as the director may require, copies of which shall be furnished the department and the entity of the state or foreign jurisdiction of destination which is charged by the laws of that state or foreign jurisdiction with the control or monitoring or both, of the sales or movement of special fuel in that state or foreign jurisdiction.

(3) The tax shall be paid over to the department by the special fuel user as hereinafter provided with respect to the taxable use of special fuel upon which the tax has not previously been imposed.

It is expressly provided that delivery of special fuel may be made without collecting the tax otherwise imposed, when such deliveries are made by a bonded special fuel dealer to special fuel users who are authorized by the department as hereinafter provided, to purchase fuel without payment of tax to the bonded special fuel dealer.

Sec. 3. RCW 82.36.410 and 1973 c 95 s 5 are each amended to read as follows:

All moneys collected by the director shall be transmitted forthwith to the state treasurer, together with a statement showing whence the moneys were derived, and shall be by him credited to the motor vehicle fund. All revenues from fuel purchased for marine use by the state ferry system shall be credited to the Puget Sound ferry operations account created under RCW 47.60.530.

Sec. 4. RCW 47.60.530 and 1979 c 27 s 4 are each amended to read as follows:

There is hereby created in the motor vehicle fund the Puget Sound ferry operations account to the credit of which shall be deposited all moneys directed by law to be deposited therein. All moneys deposited in this account shall be expended pursuant to appropriations only for reimbursement of the motor vehicle fund for any state moneys, other than insurance proceeds, expended therefrom for alternate transportation services instituted as a result of the destruction of the Hood Canal bridge, and for maintenance and operation of the Washington state ferries including the Hood Canal bridge, supplementing as required the revenues available from the Washington state ferry system. Revenue attributable to the ferry fuel exemption from taxes under chapters 82.08 and 82.12 RCW, except as provided in section 5 of this act, shall be used to support passenger only ferry service to the city of Bremerton in order to address increased tourism and economic development activities.

NEW SECTION. Sec. 5. The sum of three million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the Puget Sound ferry operations account to the Washington state ferries of the department of transportation for the purpose of reimbursing Kitsap county and the Port of Bremerton for construction of facilities supporting the placement of and access to the national tourist attraction U.S.S. Missouri."

In line 2 of the title, after "Missouri;" strike the remainder of the title and insert "amending RCW 82.38.030, 82.36.410, and 47.60.530; creating a new section; and making an appropriation."

Representatives K. Schmidt and R. Fisher spoke in favor of adoption of the amendment.

The amendment was adopted.

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

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6513 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6513 as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Substitute Senate Bill No. 6513 as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House resumed consideration of Senate Bill No. 6222.

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

Representatives McMorris and Romero spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6222.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6222 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Senate Bill No. 6222, having received the constitutional majority, was declared passed.

There being no objection, the Appropriations Committee was relieved if further consideration of Second Substitute Senate Bill No. 6272 and the bill was placed on the second reading calendar.

SECOND SUBSTITUTE SENATE BILL NO. 6272, by Senate Committee on Ways & Means (originally sponsored by Senators McAuliffe, Long, Fairley, Winsley, Fraser, Kohl, Drew, Smith, Thibaudeau, Prentice, Wojahn, Snyder, Sheldon, Loveland, Bauer, Franklin, Rinehart, Haugen, Rasmussen, Owen, Heavey, Quigley, Oke, Schow and Roach)

Requiring school employees with regularly scheduled unsupervised access to children to undergo record checks.

The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47th Day, February 23, 1996.)

There being no objection the committee amendment was adopted.

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

Representatives Brumsickle, Cole and Foreman spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 6272 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6272 as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Second Substitute House Bill No. 6272 as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6718, by Senators Sutherland, McDonald, Finkbeiner, Winsley, Haugen and Hochstatter; by request of State Archivist

Funding local government archives and records management.

The bill was read the second time. Committee on Finance recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 50 Day, February 26, 1996.)

There being no objection, the committee amendment was moved.

Representative Horn moved the adoption of the following amendment to the committee amendment by Representative Horn:

On page 1 of the amendment, line 17, after "division." insert "This section shall expire June 30, 2001.

NEW SECTION. Sec. 2. It is the intent of the legislature that the fee imposed under section 1 of this act be reviewed before the expiration date of that section. The legislature may continue or modify the fee as necessary for adequate and proper funding of the archives and records management account."

Renumber sections consecutively, correct any internal references accordingly, and correct the title.

Representative Horn spoke in favor of adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

With the consent of the House, amendment number 475 to Senate Bill No. 6718 was withdrawn.

The committee amendment as amended was adopted.

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

Representative B. Thomas spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6718 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6718 as amended by the House and the bill passed the House by the following vote: Yeas - 85, Nays - 12, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Goldsmith, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Keiser, Kessler, Lambert, Linville, Lisk, Mason, Mastin, McMorris, Mitchell, Morris, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Silver, Skinner, Sommers, D., Sommers, H., Sterk, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 85.

Voting nay: Representatives Campbell, Crouse, Fuhrman, Hargrove, Johnson, Koster, McMahan, Mulliken, Sheldon, Sherstad, Smith and Stevens - 12.

Excused: Representative Pennington - 1.

Senate Bill No. 6718 as amended by the House, having received the constitutional majority, was declared passed.

MOTION

Representative Foreman moved that Engrossed Second Substitute Senate Bill No. 5322 be the special order of business at 4:59 p.m.

SECOND SUBSTITUTE SENATE BILL NO. 5258, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long, Franklin and McAuliffe)

Making technical revisions to community public health and safety networks.

The bill was read the second time. Committee on Children & Family Services recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

With the consent of the House, amendment number 418 to Second Substitute Senate Bill No. 5258 was withdrawn.

There being no objection the committee amendment was adopted.

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

Representatives Boldt and Tokuda spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 5258 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5258 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Second Substitute Senate Bill No. 5258 as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6680, by Senate Committee on Ways & Means (originally sponsored by Senators Snyder, McDonald, Loveland, Sellar, Rinehart, West, Strannigan, Quigley, Cantu, Oke, Winsley, Kohl, Long and Roach)

Strengthening legislative review of agency performance.

The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 47 Day, February 23, 1996.)

There being no objection the committee amendment was adopted.

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

Representative Backlund spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6680 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6680 as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Pennington - 1.

Engrossed Substitute Senate Bill No. 6680 as amended by the House, having received the constitutional majority, was declared passed.

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

HOUSE BILL NO. 2137,

SECOND SUBSTITUTE HOUSE BILL NO. 2292,

SUBSTITUTE HOUSE BILL NO. 2320,

SUBSTITUTE HOUSE BILL NO. 2388,

SUBSTITUTE HOUSE BILL NO. 2634,

SUBSTITUTE HOUSE BILL NO. 2605,

HOUSE BILL NO. 2652,

ENGROSSED HOUSE BILL NO. 2735,

HOUSE BILL NO. 2913,

The Speaker declared the House to be at ease.

The Speaker called the House to order.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5322, by Senate Committee on Ways & Means (originally sponsored by Senators Gaspard, Roach, McDonald, Rinehart, Heavey, Johnson, Franklin, Loveland, West and Winsley)

Providing a death benefit award.

The bill was read the second time.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

Representative Huff moved the adoption of the following amendment by Representative Huff:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 41.26 RCW under the subchapter heading "provisions applicable to plan I and plan II" to read as follows:

(1) A one hundred fifty thousand dollar death benefit shall be paid to the member's estate, or such person or persons, trust or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's death benefit shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.

(2) The benefit under this section shall be paid only where death occurs as a result of injuries sustained in the course of employment. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.

NEW SECTION. Sec. 2. A new section is added to chapter 43.43 RCW to read as follows:

NEW SECTION. Sec. 3. The Joint Committee on Pension Policy will conduct a study on providing a similar death benefit for volunteer fire fighters and reserve law enforcement officers and report back to the appropriate legislative committees by December 1, 1996.

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."

Correct title accordingly.

Representatives Huff, Cooke, Carlson, Elliot, Smith, L. Thomas and Basich spoke in favor of adoption of the amendment.

Representatives Sheldon and Conway spoke against adoption of the amendment.

The amendment was adopted.

MOTION

On motion of Representative McMahan, Representative Mulliken was excused.

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

The Speaker stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5322 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5322 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

Voting nay: Representative Crouse - 1.

Excused: Representatives Mulliken and Pennington - 2.

Engrossed Second Substitute Senate Bill No. 5322 as amended by the House, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

February 29, 1996

Mr. Speaker:

The Senate has passed ENGROSSED FOURTH SUBSTITUTE HOUSE BILL NO. 1481 with the following amendments:

Strike everything after the enacting clause and insert the following:

NEW SECTION. Sec. 1. INTENT. The legislature finds that it is important for the well-being of society, and for the families receiving aid to families with dependent children, that the provision of welfare from the public treasury reflect the values of mainstream American culture, specifically the importance of work, responsibility, and accountability for individual actions, and the value of the marriage commitment to each member of the family, including the children.

Therefore, it is the public policy of the state of Washington, through its aid to families with dependent children or applicant for assistance programs, to require every able-bodied citizen on aid to families with dependent children or applicant for assistance to engage in paid or unpaid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage teen pregnancy by unwed parents as an action that is destructive to society.

PART I. TARGET GROUPS

NEW SECTION. Sec. 101. A new section is added to chapter 74.12 RCW to read as follows:

TARGET GROUP CONTRACTS. The department shall assess each applicant approved for assistance, and, within twelve months of the effective date of this section, all recipients based upon age, employment history, and condition of disability, and shall target assistance based upon factors set forth in chapter . . ., Laws of 1996 (this act). The department shall include, as part of the information required of the individual assessed, the number of hours of paid employment performed in the twelve months before applying for assistance and the hourly rate of pay. The department shall use this information in order to select the appropriate target group for the individual assessed.

A. JOB-READY TARGET GROUP

NEW SECTION. Sec. 102. A new section is added to chapter 74.12 RCW to read as follows:

JOB-READY TARGET GROUP. All applicants approved for assistance who are age eighteen or older and whose recent work experience was at the hourly rate of six dollars and fifty cents or more shall be entitled to grant assistance if they engage in an intensive self-determined job search, and shall be given referrals to appropriate state and local job search resources. All applicants for aid to families with dependent children-employable, and within twelve months all recipients of aid to families with the dependent children-employable, shall be included in the job-ready target group. Recipients in this target group shall inform the department when they become employed, and shall be eligible for a period of child care and medical benefits. They shall not be eligible for participation in welfare-to-work pilot projects. It is the intent of the legislature to refrain from excess expenditures on this group of aid to families with dependent children recipients, as studies have demonstrated that job-ready individuals leave aid to families with dependent children programs quickly with minimal public help. Assessment and administrative costs shall be kept to a minimal level for this target group. Any recipients in this group who do not have paid employment within six months of beginning to receive benefits shall contract for participation in the job preparation target group as a condition of continued benefit receipt.

B. JOB PREPARATION TARGET GROUP

NEW SECTION. Sec. 103. A new section is added to chapter 74.12 RCW to read as follows:

JOB PREPARATION TARGET GROUP. All applicants approved for assistance and, within twelve months of the effective date of this section, all recipients, who are age eighteen or older and do not meet the qualifications for participation in the job-ready target group or who have been in the job-ready target group for six months without obtaining employment, shall contract with the department for participation in at least one of the alternate welfare-to-work programs provided for the job preparation target group. This group shall be required, as a condition of benefit receipt, to enroll in at least one of the following:

(1) The tax incentive partnership program under chapters 74.-- and 82.-- RCW (sections 206 through 208 and 203 through 205 of this act, respectively);

(2) Any available public or approved private welfare-to-work program, under contract with the department; or

(3) The job opportunities and basic skills training program.

C. TEEN PARENT TARGET GROUP

NEW SECTION. Sec. 104. A new section is added to chapter 74.12 RCW to read as follows:

TEEN PARENT TARGET GROUP. All applicants under the age of eighteen years who are approved for assistance and, within twelve months of the effective date of this section, all recipients who are under the age of eighteen and are unmarried shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED, and live in a supervised setting, as provided in RCW 74.12.255 or section 301 of this act. Applicants under the age of eighteen years are not subject to the sixty-month limitation in section 401 of this act.

Sec. 105. RCW 74.12.255 and 1994 c 299 s 33 are each amended to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant approved for assistance, and within twelve months of the effective date of this section in consultation with the recipient, the most appropriate living situation for ((applicants)) those under eighteen years of age, unmarried, and either pregnant or having a dependent child in the applicant's or recipient's care. Appropriate living ((situations shall include a)) situation means the place of residence maintained by the approved applicant's, and within twelve months of the effective date of this section, the recipient's parent, legal guardian, or other adult relative as their own home, or ((other)) if the department determines that living situation to be abusive or neglectful under chapter 26.44 RCW, another appropriate supportive living arrangement supervised by an adult ((where feasible)), with first preference to an approved group home where available, and consistent with federal regulations ((under 45 C.F.R. chapter II, section 233.107)).

(2) An applicant approved for assistance, and within twelve months of the effective date of this section, a recipient, under eighteen years of age who is either pregnant or has a dependent child ((and is not living in a situation described in subsection (1) of this section)) shall be presumed to be unable to manage adequately the funds paid on behalf of the dependent child and((, unless the teenage custodial parent demonstrates otherwise,)) shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

(3) The department shall consider any statements or opinions by either parent of the teen ((recipient)) as to an appropriate living situation for the teen, whether in the parental home or other situation. If the parents of the teen ((head of household applicant for assistance)) request, they shall be entitled to a hearing in juvenile court regarding the fitness and suitability of their home as the top priority choice for the pregnant or parenting teen ((applicant for assistance)).

The parents of the teen shall have the opportunity to make a showing, based on the preponderance of the evidence, that ((the parental)) their home is the most appropriate living situation.

(4) To encourage adoption, in cases in which the ((head of household)) teen parent is under eighteen years of age((,)) and unmarried, ((unemployed, and requests information on adoption,)) the department shall((, as part of the determination of the appropriate living situation,)) provide information about adoption including referral to community-based organizations for counseling.

(5) As a condition of receiving aid to families with dependent children, an unmarried pregnant or parenting applicant approved for assistance and, within twelve months of the effective date of this section, an unmarried pregnant or parenting recipient under the age of eighteen shall be required to reside in an appropriate living situation as determined according to this section and to actively progress toward a high school diploma or a GED unless certified by a health care provider licensed under chapter 18.71 or 18.83 RCW to be unable to complete such education, whereupon the department shall facilitate his or her application for supplemental security income.

PART II. WELFARE-TO-WORK PROGRAMS

A. GENERAL REQUIREMENTS AND MANDATORY JOBS

Sec. 201. RCW 74.25.010 and 1994 c 299 s 6 are each amended to read as follows:

The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of ((public assistance)) aid to families with dependent children, through employment, training, and education. In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children. ((The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain appropriate education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency.)) The job opportunities and basic skills training program shall provide employment and training and education support services to assist recipients under chapter 74.04 RCW to obtain employment. The program shall be operated by the department of social and health services in conformance with federal law ((and consistent with the following legislative findings:)).

(2) The legislature ((also)) recognizes that aid to families with dependent children recipients ((must be acknowledged as active)) are participants in self-sufficiency planning under the program. The legislature finds that the department of social and health services should clearly communicate ((concepts of the importance)) a requirement of work and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants. The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.

(4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is one of the most important tools an individual needs to achieve full independence, and that this should be an important component of the program.

(6) The legislature finds that a critical component for successful reductions in the aid to families with dependent children caseloads is through employment. Employment opportunities must be increased through public-private partnerships. The department shall work with the private sector to meet market needs, increase employability through on-the-job training opportunities, and develop financial incentives for employers to hire recipients.

(7) All participants in the job opportunities and basic skills training program shall, within thirty days of approval of assistance for aid to families with dependent children, or in the case of recipients, within thirty days of assessment, sign a written employment development contract of mutual responsibility with the department, or be ineligible for financial assistance from the department until the contract which shall be developed with the full involvement of the participant, is signed.

(a) The contract shall set forth the responsibilities of and expectations for the program participants and responsibilities and obligation of the department, including services to be provided to the participating family. The contract shall identify specific employment, training, education, community volunteer experiences, including participation in the community volunteer program set forth in section 209 of this act, or support activities that will direct a participant toward gainful employment and eventually self-sufficiency. The contract shall be in a format developed for state-wide use and shall clearly state each of the requirements and responsibilities set forth in section 401 of this act.

(b) The department shall review the employment development contract of mutual responsibility every six months and assess the participant's progress. Except for sanctions in situations specified in section 401 of this act, the department shall reduce aid to families with dependent children benefits by thirty-three percent every month for which the recipient is found to be out of compliance with the contract.

(8) Participants in the job preparation target group shall each be limited to the components of their initial contract unless good cause for exception is presented.

Sec. 202. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

(1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services.

(3) The department of social and health services shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. These criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age six years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

(4))) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.

B. TAX INCENTIVE PROGRAM

NEW SECTION. Sec. 203. (1) An employer shall be allowed a credit against tax due under chapter 82.04 or 82.16 RCW of an amount equal to one hundred twenty percent of the payment made by the employer, to a qualified training institution under a training plan for training a qualified employee, subject to the limitations set forth in this section. An employer may not receive a credit for the same amounts under both chapters 82.04 and 82.16 RCW.

(2) A person claiming the credit shall file an affidavit form prescribed by the department, which shall include the amount of the credit claimed and additional information as the department may require.

(3)(a) The tax credit in respect to any qualified employee may not in a calendar year exceed:

(i) The lesser of twelve percent of the qualified employee's gross annual wages or one thousand two hundred dollars in the case of a category 1 qualified employee;

(ii) The lesser of twenty-four percent of the qualified employee's gross annual wages or two thousand four hundred dollars, in the case of a category 2 qualified employee; or

(iii) The lesser of thirty-six percent of the qualified employee's gross annual wages or three thousand six hundred dollars in the case of a category 3 qualified employee.

(b) The department of revenue shall, by December 1, 1997, for calendar year 1998, and by December 1st of each year thereafter for the following year, adjust the payment maximums under this subsection (3) to reflect inflation, using the previous calendar year's limit as the base amount to be adjusted. In making adjustments for inflation, the department shall rely on the Consumer Price Index--Seattle, Washington area for urban wage earners and clerical workers, compiled by the Bureau of Labor Statistics, United States Department of Labor. The department shall publish the new payment maximums which shall become effective January 1st of the year following.

(4) The credit in respect to any qualified employee may not be taken:

(a) For more than one year of training in the case of a category 1 qualified employee; or

(b) For more than two years of training in the case of a category 2 or category 3 qualified employee.

(5) The credit shall be taken against taxes due for the same calendar year in which the payment is made to the qualified training institution and must be claimed by the due date of the last tax return for the calendar year in which the payment is made to the qualified training institution.

(6) If the business, firm, or entity having a right to the tax credit is sold, assigned, conveyed, or otherwise transferred, the successor employer shall be allowed the credit. Unless the training plan provides to the contrary, the successor employer shall be allowed tax credits to the same extent as the previous employer.

(7) Total credits allowed to all employers claiming credits may not exceed four million three hundred thousand for the biennium ending June 30, 1997, and fifteen million dollars in any biennium thereafter.

(8) This section shall expire December 31, 2004.

NEW SECTION. Sec. 204. The definitions in this section apply throughout this chapter and sections 206 through 208 of this act, unless the context indicates otherwise.

(1) "Gross annual wages" means salary, wages, tips, and other compensation paid to a qualified employee paid by an employer claiming the credit under this section during the calendar year for which the credit is claimed.

(2) "Qualified employee" and "category 1, 2, or 3 qualified employee" means an applicant for or recipient of aid to families with dependent children certified as such by the department of social and health services who is hired before June 30, 2001. "Qualified employee" does not include any person hired by an employer to replace strikers or locked-out workers.

(3) "Qualified training institution" means a community or technical college, four-year college or university, a private vocational school licensed by the work force training and education coordinating board or approved by the higher education coordinating board, apprenticeship programs recognized by the Washington state apprenticeship and training council, or a private industry council that has entered into a training plan that provides for the training of a qualified employee of a person claiming the credit under this section.

(4) "Employer" means person or business as defined by RCW 82.04.030.

(5) "Training plan" means a written agreement, signed by a qualified employee, a union or other employee bargaining representative if the position is covered by a collective bargaining agreement, a qualified training institution, the department of social and health services or a designee of the department, and an employer, which specifies the amount that the employer will pay the qualified training institution for training and related costs for the qualified employee, the learning objectives intended to be achieved by the training, and a statement of progressively increasing scale of wages to be paid to the employee during the training plan period, ending in a wage scale that exceeds federal poverty levels for a family of three.

NEW SECTION. Sec. 205. Chapter 82.32 RCW applies to the administration of this chapter.

NEW SECTION. Sec. 206. (1) The tax incentive program is hereby established. The department of social and health services is authorized to enter into training plans. The department of social and health services shall adopt rules for the tax incentive program. The rules shall include, but are not limited to:

(a) Designation of three categories of eligible aid to families with dependent children recipients from within the job preparation target group in chapter 74.12 RCW. The department of social and health services shall by rule establish criteria for assigning recipients into categories 1, 2, and 3. In establishing the criteria, the department shall consider the degree of work experience, training, wage and employment history, and education, category 1 representing recipients with the highest degree of job readiness.

(b) Selection criteria that the department can use to establish a pool of prospective aid to families with dependent children participants.

(c) A restriction on the total number of employees that an employer may have in the program, except that no more than twenty percent of the employers' employees may participate in the program, except businesses with fewer than five employees may have one employee participate.

(d) A requirement that the employer participate in the earned income tax credit program, assisting each employee to obtain the earned income tax credit monthly.

(e) Standards regarding length and learning objectives of training plans, requiring the training institution to design the plan length and learning objectives so that it meets accepted training standards for that industry or profession. Training plans may not exceed two years.

(2) The department of social and health services may contract with a public or private entity to carry out the department's duties under this chapter. The department of social and health services reserves the right to withdraw designation of authority to this entity without showing cause.

(3) The department of social and health services shall manage the program so that the total amount of credits by all employers claiming tax credits under sections 203 through 205 of this act does not exceed fifteen million dollars in any biennium. The department shall enter into contracts with employers on a first-come, first-serve basis. The department shall maintain an up-to-date tabulation of the potential total amount of all credits that may be claimed during each biennium under all training plans and shall not enter into any additional training plan agreement if to do so would result in such amount exceeding fifteen million dollars during a biennium.

(4) Employers who agree to accept a one hundred percent tax credit instead of the one hundred twenty percent available under section 203(1) of this act shall be given priority in selection and placement of qualified employees.

NEW SECTION. Sec. 207. The department of social and health services, the employment security department, the department of community, trade, and economic development, and the community and technical colleges shall cooperate and coordinate among the existing state and federal assistance and training programs to focus the efforts of enrollees and programs to most effectively achieve results from the various programs.

NEW SECTION. Sec. 208. (1) No training plans may be entered into after June 30, 2001. Contracts in effect on June 30, 2001, shall continue in effect according to the terms of the contract.

(2) If the program under chapter . . ., Laws of 1996 (this act) is terminated before June 30, 2001, persons eligible for tax credits at the time of program termination under sections 203 through 205 of this act shall receive such credits, subject to the limitations in section 203(7) of this act.

C. COMMUNITY SERVICE

NEW SECTION. Sec. 209. A new section is added to chapter 74.12 RCW to read as follows:

COMMUNITY VOLUNTEER PROGRAM. The recipient in a community volunteer program shall locate a community volunteer experience with any willing public or private organization and provide documentation to the department of his or her participation on forms established in rule by the department and signed by the recipient under penalty of perjury. Compliance shall be subject to random checks by the department.

PART III. TEEN PARENT PROGRAM

NEW SECTION. Sec. 301. A new section is added to chapter 74.12 RCW to read as follows:

TEEN GROUP HOMES. (1) The department shall contract with public or private providers to establish teen group homes as an alternative living situation for recipients under eighteen years of age for whom it is unsafe to live with their parent or parents. According to the provisions of RCW 26.44.040, the department shall refer to local prosecution any parental home where abuse or neglect is suspected.

(2) In teen group homes, the cash grant for each resident teen parent's assistance unit, as well as the food stamp allocation and any other portion of any aid to families with dependent children benefit accruing to the teen recipient shall be pooled, and under the control of the home administrator, for the benefit of the teen parents and their children, and shall not be given directly to the teen parent.

(3) Each teen parent living in the teen group home shall be given the following case-managed services: Parenting education, maternal and child nutritional education, tutoring to aid in the completion of high school or a GED, money management, anger management, and substance abuse treatment, including treatment for tobacco addiction, where appropriate.

(4) Teen parents living in teen group homes shall, as a condition of receiving benefits, progress toward completion of educational requirements, help with household tasks at the home, attend and participate in instruction provided for teen parents in residence, and abide by house rules.

(5) House rules shall be established by each teen group home, and may include a requirement that no unsupervised male visitors be allowed, that a curfew be established, and that an equitable system of shared child care responsibilities be provided to accommodate school and work attendance for teen parents.

(6) The department shall assure the teen parent and dependents in his or her assistance unit of the following: Adequate housing and nutrition, medical care, tutoring toward completion of educational requirements, and at least the minimal additional instruction and case-managed care as provided for in this section.

PART IV. REQUIREMENTS AND RESPONSIBILITIES

NEW SECTION. Sec. 401. A new section is added to chapter 74.12 RCW to read as follows:

(1) At the end of a recipient's welfare-to-work program under a contract entered into under section 103 of this act, which shall not exceed two years, the recipient shall engage in a job search of up to six months. At the end of this job search period, grant assistance shall be reduced by twenty percent every six months. Except as provided in this subsection, a recipient's months on grant assistance may not exceed a lifetime limit of sixty months.

(a) Time limits shall be tolled in the event of:

(i) A medically certified temporary illness or disability of the recipient, including temporary mental or physical disability occurring as a result of domestic violence against the recipient;

(ii) The unavailability of appropriate care for a chronically ill or disabled family member living in the home of the recipient; or

(iii) If child care is not available for a period of time.

(b) A recipient may extend full benefits including child care and medical assistance and delay reduction of benefits for a period of an additional two years by participating at least one hundred hours per month in the community volunteer program under section 209 of this act.

(c) For purposes of calculating the months on grant assistance under this subsection (1), only months on grant assistance after the recipient has reached his or her eighteenth birthday shall be included in the calculation.

(2) Except where otherwise specified, persons receiving aid to families with dependent children shall be exempt from participation in a job-ready or job preparation target group or a welfare-to-work program:

(a) If there is a child under three years of age within ten months of application, living in the home;

(b) For a period of twelve weeks after the birth of any child born more than ten months from the date of application;

(c) If the recipient is a caretaker of a dependent child and is disabled, including a learning disability as defined in section 601(1)(f) of this act; or

(d) If the average state unemployment rate is eight percent or more, as determined by the employment security department. The time limit shall be extended for any six-month period preceded by a fifty-two week moving average unemployment rate of eight percent or more, provided the recipient performs community service during the six months.

(3) The department, working with the department of revenue, shall encourage employers of recipients to use a month-to-month pass-through of the federal earned income tax credit. The department shall facilitate application for such tax credit in all cases where recipients report earned income.

(4) To the extent that resources are available, the department shall provide transitional child care for up to twenty-four months, in accordance with federal requirements, to individuals who have completed their welfare-to-work program or obtained employment.

(5) The department has the responsibility of supplying child care to participants who have contracted for welfare-to-work or other programs under chapter . . ., Laws of 1996 (this act).

(6) The department shall provide child care assistance to public assistance recipients requesting such assistance, to enable them to participate in employment, or in approved welfare-to-work employment and training programs.

(7) The department shall provide transitional child care subsidies for a period of twelve months following the last month of grant assistance, for persons who leave public assistance due to earnings or receipt of child support, and, within available funds, upon request of the recipient, an additional twelve-month period.

(8) The department shall provide, upon request of a low-income worker, and within available funds, employment child care subsidies for low-income workers who do not receive public assistance payments.

(9) When the participant is no longer eligible for a cash grant due to increased earnings through employment and has exhausted the participant's twelve-month transitional benefit period for medical assistance benefits, the department shall enroll the participant in the basic health plan under chapter 70.47 RCW, pay any unsubsidized portion of the participant's premium, and enroll the participant's eligible children in medical assistance. Regardless of the participant's earned income, state payment of the unsubsidized portion of the participant's premium shall terminate after twelve months.

(10) The department shall seek any waivers needed from the federal government to implement this section.

(11) The department shall report to appropriate committees in both houses of the legislature if it discovers that participation in welfare-to-work programs is about to cause clients to be placed on waiting lists for programs or services required under this chapter.

NEW SECTION. Sec. 402. The time limits on public assistance in section 401 of this act and the general requirements to participate in job search and training in section 201 of this act do not apply in situations where there is no parent residing in the child's home and the child is residing with a relative of specified degree.

PART V. CHILD SUPPORT ENHANCEMENT

A. LICENSE SUSPENSION FOR FAILURE TO PAY CHILD SUPPORT

NEW SECTION. Sec. 501. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension.

In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.

NEW SECTION. Sec. 502. A new section is added to chapter 74.20A RCW to read as follows:

(1) As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

(a) "Licensing entity" includes any department, board, commission, or other organization of the state authorized by Title 18 RCW to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, or industry, and the Washington state bar association.

(b) "Noncompliance with a child support order" means a responsible parent has:

(i) Accumulated arrears totaling more than six months of child support payments;

(ii) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or

(iii) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.

(e) "Noncomplying custodial parent" means a parent who has custody of the children in a family where the court has ordered visitation rights for the noncustodial parent, and the custodial parent has not complied with the visitation order.

(f) "Noncompliance with a visitation order" means the documented failure of a custodial parent to follow the terms of a court-ordered visitation plan.

(2) Upon notice and motion, a noncustodial parent who has a court-ordered child visitation plan may seek judicial suspension of the driver's business, occupational, or professional licenses cited in sections 509 through 537 of this act, where the licensee is a noncomplying custodial parent.

(3) The department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order. The department shall attach a copy of the responsible parent's child support order to the notice. Service of the notice must be made by personal service. If, after reasonable diligence, personal service has not been possible, service shall be by certified mail, return receipt requested.

(4) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:

(b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service of the notice;

(f) If the department certifies the responsible parent to the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity will suspend the parent's license and the department of licensing will suspend any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a written release from the department stating that the responsible parent is in compliance with the child support order;

(g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;

(h) If after receiving the notice of noncompliance with a child support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation established by an administrative decision, the department or the court may, for up to one hundred eighty days, stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and

(5) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (3) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay child support under a child support order and whether the responsible parent is in compliance with the order.

(6) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.

(7) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall the stay continue for more than thirty days from the date of contact by the parent. The department shall make good faith efforts to establish a schedule for payment of arrears that is fair and reasonable, and that considers the financial situation of the responsible parent and the needs of all children who rely on the responsible parent for support. At the end of the thirty days, if no payment schedule has been agreed to in writing, the department shall proceed with certification of noncompliance.

(8) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.

(9) The department may certify in writing to the department of licensing and any appropriate licensing entity the name of a responsible parent who is not in compliance with a child support order if:

(a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (3) of this section and is not in compliance with a child support order twenty-one days after service of the notice;

(b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a child support order;

(c) The department and the responsible parent have been unable to agree on a fair and reasonable schedule for payment of the arrears; or

(d) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order.

(10) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (9) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a child support order.

(11) When a responsible parent who is served notice under subsection (3) of this section subsequently complies with the child support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order.

(12) The department may adopt rules to implement and enforce the requirements of this section.

(13) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the arrears, the department or the court may, for up to one hundred eighty days, stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.

(14) The department of licensing and a licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of licensing receives a copy of the written release specified in subsection (11) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.