H-2038

AN ACT Relating to personal responsibility; amending RCW 74.04.515, 74.09.800, 74.25.010, 74.25.020, 74.12A.020, 74.13.0903, 74.25.040, 74.09.510, 74.12.255, 74.04.0052, 13.34.160, 74.12.250, 46.20.291, 46.20.311, 18.04.335, 18.11.160, 18.27.060, 18.39.181, 18.46.050, 18.96.120, 18.104.110, 18.130.150, 18.160.080, 18.165.160, 18.170.170, 43.20A.205, 43.70.115, 19.28.310, 19.28.580, 19.30.060, 19.16.120, 19.31.130, 19.32.060, 19.105.380, 19.105.440, 19.138.130, 19.158.050, 19.166.040, 21.20.110, 67.08.100, 19.02.100, 43.24.110, 43.24.120, 70.74.370, 66.24.010, 43.63B.040, 70.95D.040, 17.21.130, 64.44.060, 19.146.220, 75.28.010, 26.09.160, 26.09.165, 26.23.050, 26.18.100, 26.23.060, 74.08.025, 50.13.060, 74.08.340, and 74.04.062; reenacting and amending RCW 46.52.130 and 74.04.005; adding new sections to chapter 74.25 RCW; adding new sections to chapter 74.12 RCW; adding a new section to chapter 74.12A RCW; adding a new section to chapter 41.06 RCW; adding a new section to chapter 74.13 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 18.106 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 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 75.25 RCW; adding a new section to chapter 77.32 RCW; adding a new section to chapter 75.28 RCW; adding a new section to chapter 26.09 RCW; adding new sections to chapter 44.28 RCW; adding new sections to chapter 74.04 RCW; adding a new section to chapter 26.23 RCW; adding a new section to chapter 43.20A RCW; adding a new chapter to Title 74 RCW; creating new sections; repealing RCW 74.08.120, 74.08.125, and 74.12.420; prescribing penalties; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

MAKING WELFARE WORK

TABLE OF CONTENTS

Page #

PART I. JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM... 12

PART II. PERSONAL RESPONSIBILITY.............................. 20

PART III. MINOR PARENT PROVISIONS............................. 23

PART IV. CHILD SUPPORT ENHANCEMENT--LICENSE SUSPENSION........ 28

PART V. WELFARE-TO-WORK EFFECTIVENESS STUDIES................ 118

PART VI. MISCELLANEOUS....................................... 122

NEW SECTION. Sec. 1. INTENT. The legislature finds that it is important for the well-being of society, and for the families receiving temporary assistance for needy families, 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 temporary assistance for needy families program, to require every nondisabled citizen on temporary assistance for needy families to engage in paid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage pregnancy by unwed parents.

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) Work be the focus of the temporary assistance for needy families program;

(3) Caretakers receiving public assistance comply with requirements for work, training, and personal responsibility;

(4) Specific time limits for the receipt of public assistance be set for recipients of temporary assistance for needy families;

(5) Unmarried parents who are minors generally will be ineligible for direct assistance under the temporary assistance for needy families program;

(6) Custodial and noncustodial parents comply with all legal requirements designed to benefit their children;

(7) 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;

(8) State agencies promote and support teen pregnancy prevention programs; and

(9) Family planning assistance be available in community service offices, including family planning counselors and colocated clinics, in recognition of the high rate of unintended pregnancy in the medicaid population.

NEW SECTION. Sec. 2. A new section is added to chapter 74.25 RCW to read as follows:

The department shall assess each caretaker unless the caretaker is not or would not be required to be assessed. 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 one hundred eighty days after the date of federal certification of the Washington temporary assistance for needy families program. The department or a contracted entity may complete the assessment. The assessment shall be based on a uniform, consistent, transferable format that will be accepted by all agencies and organizations serving the caretaker. Based on the assessment, an individual responsibility plan shall be prepared that: (1) Sets forth an employment goal and a plan for moving the caretaker immediately into private sector employment; (2) contains the obligation of the caretaker to become and remain employed in the private sector; (3) moves the caretaker into whatever private sector employment the caretaker is capable of handling as quickly as possible; and (4) describes the services available to the caretaker to enable them to obtain and keep employment in the private sector.

NEW SECTION. Sec. 3. 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 one hundred eighty days after the date of federal certification of the Washington temporary assistance for needy families program, all recipients who are under the age of eighteen shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma, approved alternative education program, or a GED.

NEW SECTION. Sec. 4. A new section is added to chapter 74.12A RCW to read as follows:

The department may provide state-funded cash aid to meet short-term need, thereby allowing employable low-income families to remain off assistance.

(1) To ensure the financial integrity of the program:

(a) Grant diversion shall:

(i) Be paid as a vendor payment unless the department by rule excludes households from the vendor payment requirement if a direct payment is more cost-effective, practical, or a family has special circumstances necessitating that such payment be made directly to the family;

(ii) Be authorized to cover a family's basic or employment-related needs anticipated for the authorization period. Grant diversion may be authorized up to a maximum of three consecutive calendar months in a twelve-month period; and

(iii) Not exceed the maximum amount available for any family receiving temporary assistance for needy families aid for the period authorized. If the initial welfare diversion payment does not reach this maximum, the family can receive a supplemental cash payment during the three-month period, based upon need up to the maximum;

(b) Families may receive grant diversion payments and food assistance for the same authorization period but shall not be simultaneously eligible for grant diversion payments and any other state or federal cash assistance.

(2) To qualify for grant diversion, a family must otherwise be eligible for temporary assistance for needy families, except for motor vehicle limits and child support requirements as allowed in this section.

(3) Families ineligible for temporary assistance for needy families or general assistance due to sanction, noncompliance, the lump sum income rule, or any other reason, are not eligible for grant diversion.

(4) Notwithstanding RCW 74.04.005(10)(c), families receiving grant diversion payments may have a motor vehicle, other than a motor home, used and useful having an equity not to exceed five thousand dollars.

(5) Notwithstanding RCW 74.20.040 and 74.20.330, receipt of grant diversion payments for which the family is eligible does not create a debt for which either parent must reimburse the state.

(6) The department shall adopt rules consistent with this section and as are necessary to implement grant diversion.

(7) If funds appropriated for grant diversion are exhausted, the department shall discontinue the program authorized in this section.

NEW SECTION. Sec. 5. A new section is added to chapter 74.25 RCW to read as follows:

The department shall carry out a program to fund individual development accounts established by caretakers eligible for assistance under the temporary assistance for needy families program.

(1) An individual development account may be established by or on behalf of a caretaker eligible for assistance provided under the temporary assistance for needy families program operated under chapter 74.12 RCW for the purpose of enabling the caretaker to accumulate funds for a qualified purpose described in subsection (2) of this section.

(2) A qualified purpose as described in this subsection is one or more of the following, as provided by the qualified entity providing assistance to the individual:

(a) Postsecondary expenses paid from an individual development account directly to an eligible educational institution;

(b) Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time home buyer, if paid from an individual development account directly to the persons to whom the amounts are due;

(c) Amounts paid from an individual development account directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses.

(3) A caretaker may only contribute to an individual development account such amounts as are derived from earned income, as defined in section 911(d)(2) of the internal revenue code of 1986.

(4) The department shall establish rules to ensure funds held in an individual development account are only withdrawn for a qualified purpose as provided in this section.

(5) An individual development account established under this subsection shall be a trust created or organized in the United States and funded through periodic contributions by the establishing caretaker and matched by or through a qualified entity for a qualified purpose as provided in this section.

(6) For the purpose of determining eligibility for any assistance provided under this title, all funds in an individual development account under this section shall be disregarded for such purpose with respect to any period during which such individual maintains or makes contributions into such an account.

(7) The department of social and health services shall adopt rules authorizing the use of organizations using microcredit and microenterprise approaches to assisting low-income families to become financially self-sufficient.

(8) The department of social and health services shall adopt rules implementing the use of individual development accounts by recipients of temporary assistance for needy families.

(9) For the purposes of this section, "eligible educational institution," "postsecondary educational expenses," "qualified acquisition costs," "qualified business," "qualified business capitalization expenses," "qualified expenditures," "qualified first‑time home buyer," "date of acquisition," "qualified plan," and "qualified principal residence" include the meanings provided for them in P.L. 104‑193.

NEW SECTION. Sec. 6. IMMIGRANTS‑-ELIGIBILITY. It is the intent of the legislature that all legal immigrants who resided in the United States before August 22, 1996, retain eligibility for assistance programs the same as or similar to those from which they lost benefits as a result of P.L. 104-193. The legislature also intends that sponsors' incomes continue to be deemed for these individuals in the same manner it was addressed prior to August 22, 1996.

The state shall exercise its option under P.L. 104-193 to continue services to legal immigrants under temporary assistance for needy families, medicaid, and social services block grant programs. Legal immigrants who lose benefits under the supplemental security income program as a result of P.L. 104-193 are immediately eligible for benefits under the state's general assistance-unemployable program. The department shall redetermine income and resource eligibility at least annually, in accordance with existing state policy.

NEW SECTION. Sec. 7. INCOME AVERAGING‑-BENEFIT DETERMINATION. In determining eligibility for temporary assistance for needy families, the department shall consider retrospectively the applicant's earned income for the twelve months before application for assistance. If the earned income is from seasonal employment, it shall be prorated on an annual basis, and the prorated amount used to determine qualification for assistance in the prospective month. Assistance shall be denied until the applicant's prorated prior twelve months of income equals a monthly amount at or below the eligibility level. The intent of the legislature is to ensure that persons with seasonal earned income that, if prorated on an annual basis, would have exceeded the level qualifying them for assistance will be denied assistance until such time as they qualify on a prorated basis.

NEW SECTION. Sec. 8. FOOD ASSISTANCE. (1) The department may establish a food assistance program for persons whose immigrant status meets the eligibility requirements of the federal food stamp program as of August 21, 1996, but who are no longer eligible solely due to their immigrant status under P.L. 104-193.

(2) The rules for the state food assistance program shall follow exactly the rules of the federal food stamp program as they existed on the effective date of this section except for the provisions pertaining to immigrant status under P.L. 104-193.

(3) The benefit under the state food assistance program shall be established by the legislature in the biennial operating budget.

(4) The department may enter into a contract with the United States department of agriculture to use the existing federal food stamp program coupon system for the purposes of administering the state food assistance program.

(5) In the event the department is unable to enter into a contract with the United States department of agriculture, the department may issue vouchers to eligible households for the purchase of eligible foods at participating retailers.

Sec. 9. RCW 74.04.515 and 1991 c 126 s 4 are each amended to read as follows:

In administering the food stamp program, there shall be no discrimination against any applicant or recipient by reason of age, sex, handicap, religious creed, political beliefs, race, color, ((or)) national origin, or legal immigrant status.

NEW SECTION. Sec. 10. NATURALIZATION FACILITATION. The department shall make an affirmative effort to identify and proactively contact legal immigrants receiving public assistance to facilitate their applications for naturalization. The department shall obtain a complete list of legal immigrants in Washington who are receiving correspondence regarding their eligibility from the social security administration. The department shall inform immigrants regarding how citizenship may be attained. In order to facilitate the citizenship process, the department shall coordinate with existing resources in local government, schools, community colleges, and community organizations, and shall, within available funds, ensure that those immigrants who qualify to apply for naturalization are referred to or otherwise offered classes. The department shall assist eligible immigrants in obtaining appropriate test exemptions, and other exemptions in the naturalization process, to the extent permitted under federal law. The department shall report to the legislature regarding the progress and barriers of the immigrant naturalization facilitation effort. It is the intent of the legislature that persons receiving naturalization assistance be facilitated in obtaining citizenship within two years of their eligibility to apply.

NEW SECTION. Sec. 11. A new section is added to chapter 74.12 RCW to read as follows:

SPONSOR DEEMING. (1) Except as provided in subsection (5) of this section, qualified aliens and aliens permanently residing under color of law who are recipients of public assistance under this title as of August 22, 1996, shall have their eligibility for assistance redetermined.

(2) Qualified aliens who enter the United States of America after August 22, 1996, are ineligible to receive public assistance under this title for a period of five years, except as provided in subsection (6) of this section. Following their period of ineligibility, their eligibility for public assistance shall be determined as provided for in this section.

(3) In determining the eligibility and the amount of benefits of a qualified alien or an alien permanently residing under color of law for public assistance under this title, the income and resources of the alien shall be deemed to include the income and resources of any person and his or her spouse who executed an affidavit of support pursuant to section 213A of the federal immigration and naturalization act on behalf of the alien. The deeming provisions of this subsection shall be waived if the sponsor dies or is permanently incapacitated during the period the affidavit of support is valid.

(4) As used in this section, "qualified alien" has the meaning provided it in P.L. 104-183.

(5)(a) Qualified aliens specified under sections 403, 412, and 552 (e) and (f), subtitle B, Title IV, of P.L. 104-193 and in P.L. 104-208, are exempt from this section.

(b) Qualified aliens who served in the armed forces of an allied country, or were employed by an agency of the federal government, during a military conflict between the United States of America and a military adversary are exempt from the provisions of this section.

(c) Qualified aliens who are victims of domestic violence and petition for legal status under the federal violence against women act are exempt from the provisions of this section.

(6) Subsection (2) of this section does not apply to the following state benefits:

(a) Assistance described in P.L. 104-193 sections 403(c)(H) through (K), 411(b)(1), 421(b), and P.L. 104-208;

(b) Short-term, noncash, in-kind emergency disaster relief;

(d) Programs comparable to assistance or benefits under the federal child nutrition act of 1966;

(e) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not the symptoms are caused by a communicable disease;

(f) Payments for foster care and adoption assistance;

(g) Programs, services, or assistance where eligibility is not determined by employees of the department of social and health services;

(h) Programs, services, or assistance such as meals from a soup kitchen, crisis counseling and intervention, and short-term shelter, specified by the attorney general, after consultation with appropriate agencies and departments, that:

(i) Deliver in-kind services at the community level, including through public or private nonprofit agencies;

(ii) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(iii) Are necessary for the protection of life or safety.

Sec. 12. RCW 74.09.800 and 1993 c 407 s 10 are each amended to read as follows:

The department shall, consistent with the state budget act, develop a maternity care access program designed to ensure healthy birth outcomes as follows:

(1) Provide maternity care services to low-income pregnant women and health care services to children in poverty to the maximum extent allowable under the medical assistance program, Title XIX of the federal social security act;

(2) Provide maternity care services to low-income women who are not eligible to receive such services under the medical assistance program, Title XIX of the federal social security act;

(3) By January 1, 1990, have the following procedures in place to improve access to maternity care services and eligibility determinations for pregnant women applying for maternity care services under the medical assistance program, Title XIX of the federal social security act:

(a) Use of a shortened and simplified application form;

(b) Outstationing department staff to make eligibility determinations;

(d) Conducting an interview for the purpose of determining medical assistance eligibility within five working days of the date of an application by a pregnant woman and making an eligibility determination within fifteen working days of the date of application by a pregnant woman;

(4) Establish a maternity care case management system that shall assist at-risk eligible persons with obtaining medical assistance benefits and receiving maternity care services, including transportation and child care services;

(5) Within available resources, establish appropriate reimbursement levels for maternity care providers;

(6) Implement a broad-based public education program that stresses the importance of obtaining maternity care early during pregnancy;

(7) Refer persons eligible for maternity care services under the program established by this section to persons, agencies, or organizations with maternity care service practices that primarily emphasize healthy birth outcomes;

(8) Provide family planning services including information about the synthetic progestin capsule implant form of contraception, for twelve months immediately following a pregnancy to women who were eligible for medical assistance under the maternity care access program during that pregnancy or who were eligible only for emergency labor and delivery services during that pregnancy; and

(9) Within available resources, provide family planning services to women who meet the financial eligibility requirements for services under subsections (1) and (2) of this section.

The legislature reaffirms its commitment to provide health care services under this section to eligible immigrants, regardless of their status.

PART I. JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM

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

(1) The department shall administer the job opportunities and basic skills training program under this chapter in a manner designed to ensure compliance with mandatory work requirements of P.L. 104-193. The department shall meet the minimum work participation rates specified in federal law, and shall require caretakers to engage in work and work activities, as defined in federal law, as an ongoing condition of eligibility.

(2) Caretakers who are not engaged in work and work activities, and do not qualify for a good cause exemption under RCW 74.25.020(2), shall engage in self‑directed service as provided in section 105 of this act.

(3) If a caretaker refuses to engage in work and work activities required by the department, the family's grant shall be reduced by the caretaker's share, and may, if the department determines it appropriate, be terminated.

(4) The department may waive the penalties required under subsection (3) of this section, subject to a finding that the caretaker refused to engage in work for good cause provided in RCW 74.25.020(2).

(5) In implementing this section, the department shall assign the highest priority to requiring adults in two-parent families and parents in single-parent families that include older preschool or school age children to be engaged in work activities.

Sec. 102. 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~~)) temporary assistance for needy families, 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~~)) requiring 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)) temporary assistance for needy families to engage in work and work-related activities. 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~~)) temporary assistance for needy families 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~~)) temporary assistance for needy families 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~~)) temporary assistance for needy families 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 temporary assistance for needy families 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. 103. 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 job opportunities and basic skills training 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 may contract with private or public agencies for services that are ordinarily provided by and capable of being provided by civil servants regardless of any rights, express or implied, created by the state civil service law, chapter 41.06 RCW. The department, through its regional offices, shall collaborate with employers, recipients, front‑line workers, education institutions, labor, private industry councils, the work force training and education coordinating board, community rehabilitation employment programs, employment and training agencies, 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, apprenticeship programs, microcredit, microenterprise, self‑employment, 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 criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned ((~~program component~~)) work activity, 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~~)) formal or informal 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)) or (b) if the individual is a parent with a child under age one year. A parent may only receive this exemption for a total of twelve months, which may be consecutive or nonconsecutive.

(3) The department of social and health services may provide employment services to qualifying noncustodial parents who are unable to meet their child support obligations. Services authorized under this subsection may be provided to the extent funds are available.

(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.

NEW SECTION. Sec. 104. A new section is added to chapter 41.06 RCW to read as follows:

Nothing contained in this chapter shall prohibit the department of social and health services from purchasing services by contract with individuals or business entities for the purposes of implementing RCW 74.25.020.

NEW SECTION. Sec. 105. 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.

NEW SECTION. Sec. 106. A new section is added to chapter 74.12 RCW to read as follows:

(1) The department shall establish the community jobs program to provide employment opportunities for recipients of public assistance. The program is intended to provide work experience and to promote a strong work ethic for participating public assistance recipients. Under this option, public assistance recipients will be encouraged to work as employees of nonprofit corporations, public agencies, and private employers, working in positions such as teachers' aides, child care assistants, and home care workers, among others. Participating recipients shall be employed approximately half-time, on average. The intent of the option is to provide paychecks to public assistance recipients by using their monthly public assistance benefits as a wage subsidy for participating employers. Costs of unemployment insurance, industrial insurance, and applicable federal payroll taxes shall be deducted from paychecks received by recipients, but such employees shall also be eligible for the federal earned income tax credit.

(2) The department shall provide this option through contracts with local nonprofit corporations that will be responsible for identifying participating employers, matching employers with recipients, and providing support for recipients and employers as necessary. Nonprofit contractors shall act as employers of participating recipients and shall receive their monthly benefits as well as a payment for each employed recipient to cover operating costs. Nonprofit contractors shall place participating recipients with employers in the same fashion as a temporary agency. Priority for employer participation in this option shall go to local schools, child care providers, and nonprofit corporations.

(3) The department shall enroll up to five thousand recipients of public assistance in this option during the 1997-99 biennium. In identifying recipients to place in the option, the department shall target recipients who:

(a) Are able to work;

(b) Are single mothers;

(d) Have low educational attainment;

(e) Have children older than two years of age; and

(f) Are recipients of public assistance for at least six months.

NEW SECTION. Sec. 107. A new section is added to chapter 74.13 RCW to read as follows:

(1) The department shall operate a single, integrated employment child care program for low-income working parents and recipients of temporary assistance for needy families.

(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 employment child care subsidies for families meeting eligibility standards under this section, within funds appropriated by the legislature for this purpose.

Sec. 108. RCW 74.12A.020 and 1993 c 312 s 8 are each amended to read as follows:

The department ((~~may~~)) shall provide grants to community action agencies or other local nonprofit organizations to provide job opportunities and basic skills training program participants with transitional support services, one-to-one assistance, case management, and job retention services.

Sec. 109. RCW 74.13.0903 and 1993 c 453 s 2 are each amended to read as follows:

The office of child care policy is established to operate under the authority of the department of social and health services. The duties and responsibilities of the office include, but are not limited to, the following, within appropriated funds:

(1) Staff and assist the child care coordinating committee in the implementation of its duties under RCW 74.13.090;

(2) Work in conjunction with the state-wide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations. These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;

(3) Actively seek public and private money for distribution as grants to the state-wide child care resource and referral network and to existing or potential local child care resource and referral organizations;

(4) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations. The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:

(a) Provide parents with information about child care resources, including location of services and subsidies;

(b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040;

(d) Provide information for businesses regarding child care supply and demand;

(e) Advocate for increased public and private sector resources devoted to child care; ((~~and~~))

(f) Provide technical assistance to employers regarding employee child care services; and

(g) Serve recipients of temporary assistance for needy families and working parents with incomes at or below household incomes of one hundred seventy-five percent of the federal poverty line;

(5) Provide staff support and technical assistance to the state-wide child care resource and referral network and local child care resource and referral organizations;

(6) Maintain a state-wide child care licensing data bank and work with department of social and health services licensors to provide information to local child care resource and referral organizations about licensed child care providers in the state;

(7) Through the state-wide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;

(8) Coordinate with the state-wide child care resource and referral network and local child care resource and referral organizations for the provision of training and technical assistance to child care providers; and

(9) Collect and assemble information regarding the availability of insurance and of federal and other child care funding to assist state and local agencies, businesses, and other child care providers in offering child care services.

Sec. 110. RCW 74.25.040 and 1994 c 299 s 8 are each amended to read as follows:

(1) Recipients of ((~~aid to families with dependent children~~)) temporary assistance for needy families who are ((~~not~~)) employed or participating in ((~~an education or work training program~~)) a work activity under section 101 of this act may volunteer ((to)) or work in a licensed child care facility((~~, or other willing volunteer work site~~)). Licensed child care facilities participating in this effort shall provide care for the recipient's children and provide for the development of positive child care skills.

(2) The department shall train two hundred fifty recipients of temporary assistance for needy families to become family child care providers or child care center teachers. The department shall offer the training in rural and urban communities. The department shall adopt rules to implement the child care training program in this section.

PART II. PERSONAL RESPONSIBILITY

NEW SECTION. Sec. 201. A new section is added to chapter 74.12 RCW to read as follows:

(1) After a caretaker has received sixty monthly benefit payments under the temporary assistance for needy families program, the caretaker and the caretaker's family shall not be eligible for any additional monthly payments. Following the receipt of sixty monthly benefit payments, a caretaker is forever ineligible to apply for or receive any further assistance under this chapter.

(2) 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.

(3) 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.

(4) The department may exempt a caretaker and the caretaker's family from the application of subsection (1) of this section by reason of hardship or if the caretaker has been battered or subjected to extreme cruelty. Reasons for hardship include, but are not limited to, incapacitation, the documented need to care for an incapacitated household member, and the age of the caretaker. The number of caretakers and their families exempted from subsection (1) of this section for a fiscal year shall not exceed twenty percent of the average monthly number of caretakers and their families to which assistance is provided under the temporary assistance for needy families program.

NEW SECTION. Sec. 202. A new section is added to chapter 74.12 RCW to read as follows:

To the extent authorized by the legislature in the omnibus appropriations act, the department shall transfer up to thirty percent of the temporary assistance for needy families block grant to the social services block grant and the child care development block grant. Funds transferred under this authority shall be used to prevent individuals from becoming recipients of temporary assistance for needy families and to help current recipients become economically independent. Services funded by such a transfer may include, but are not limited to, welfare diversion services, work activities, case management, child care, housing assistance, and related social and health services.

NEW SECTION. Sec. 203. 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 one hundred twenty 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. 204. 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 201 and 202 of this act and to enforce contracts adopted under section 201 of this act. However, it may not adopt such rules unless it has complied with subsections (2) and (3) of this section.

(2) 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 appropriate committees of the legislature. The committees shall review the proposed rules and shall provide the department with comments, if any, on the proposed rules.

(3) When the committees comment on proposed rules, the committees shall give the department written notice of their findings and reasons therefor.

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

In order to be eligible for temporary assistance for needy families, applicants shall, at the time of application for assistance, provide the names of both parents of their child or children, whether born or unborn.

NEW SECTION. Sec. 206. A new section is added to chapter 74.12 RCW to read as follows:

A grant provided under the temporary assistance for needy families program shall be provided on a pro rata basis to the extent the caretaker complies with mandated work and work activity requirements.

Sec. 207. RCW 74.09.510 and 1991 sp.s. c 8 s 8 are each amended to read as follows:

Medical assistance may be provided in accordance with eligibility requirements established by the department of social and health services, as defined in the social security Title XIX state plan for mandatory categorically needy persons and: (1) Individuals who would be eligible for cash assistance except for their institutional status; (2) individuals who are under twenty-one years of age, who would be eligible for aid to families with dependent children, but do not qualify as dependent children and who are in (a) foster care, (b) subsidized adoption, (c) a nursing facility or an intermediate care facility for the mentally retarded, or (d) inpatient psychiatric facilities; (3) the aged, blind, and disabled who: (a) Receive only a state supplement, or (b) would not be eligible for cash assistance if they were not institutionalized; (4) categorically eligible individuals who ((~~would be eligible for but choose not to receive cash assistance~~)) meet the income and resource requirements of the cash assistance programs; (5) individuals who are enrolled in managed health care systems, who have otherwise lost eligibility for medical assistance, but who have not completed a current six-month enrollment in a managed health care system, and who are eligible for federal financial participation under Title XIX of the social security act; (6) children and pregnant women allowed by federal statute for whom funding is appropriated; ((~~and~~)) (7) other individuals eligible for medical services under RCW 74.09.035 and 74.09.700 for whom federal financial participation is available under Title XIX of the social security act; and (8) persons allowed by section 1931 of the social security act for whom funding is appropriated.

NEW SECTION. Sec. 208. A new section is added to chapter 74.12 RCW to read as follows:

In determining eligibility for the temporary assistance for needy families program of an assistance unit under this title, if a household member is excluded from an assistance unit based on residency, alienage, or citizenship of the household member, the department shall allocate the full amount of the head of household's income to the assistance unit without deducting an amount for the support of the household member.

PART III. MINOR PARENT PROVISIONS

Sec. 301. 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.

(5) For the purposes of this section, "most appropriate living situation" shall not include a living situation including an adult male who fathered the qualifying child and is found to meet the elements of rape of a child as set forth in RCW 9A.44.079.

Sec. 302. 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. 303. A new section is added to chapter 74.12 RCW to read as follows:

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 temporary assistance for needy families 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. 304. 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. 305. 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.

NEW SECTION. Sec. 306. The department of health shall apply for federal funds for abstinence education from the United States department of health and human services under Title V of the social security act, 42 U.S.C. Sec. 701 et seq., section 912, specifically under section 505(a).

PART IV. CHILD SUPPORT ENHANCEMENT‑-LICENSE SUSPENSION

NEW SECTION. Sec. 401. 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 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 and nonrenewal.

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. 402. 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. The term does not mean the tax registration or certification issued under Title 82 RCW by the department of revenue.

(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 service by certified mail is not successful, service shall be by personal service.

(3) The department shall not issue a notice of noncompliance with a child support order under this section if the department is able to withhold, collect, or otherwise acquire through the use of other common law or statutory procedures for enforcement of support obligations funds or assets in a sufficient amount to ensure payment of a reasonable amount towards accumulated arrears.

(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:

(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 or not renew 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) If the department certifies the responsible parent as a person who is in noncompliance with a child support order, the department of fish and wildlife will suspend the fishing license, hunting license, commercial fishing license, or any other license issued under chapters 77.32, 77.28, and 75.25 RCW that the responsible parent may possess. Notice from the department of licensing that a responsible parent's driver's license has been suspended shall serve as notice of the suspension of a license issued under chapters 77.32 and 75.25 RCW;

(h) 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;

(i) 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

(j) 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.

(5) 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.

(6) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of his or her 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 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, and if the department has acted in good faith, the department shall proceed with certification of noncompliance. If the responsible parent fails to comply with a schedule of payments established under this subsection, the department may proceed with certification.

(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 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;

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

(e) The responsible parent fails to comply with a payment schedule established under subsection (7) of this section.

The department shall send by regular mail 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.

(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 (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. The department shall also transmit a copy of that release to the appropriate licensing entities.

(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 for six months, or longer if the department finds good cause, or 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 procedures provided in this act shall constitute the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order and suspension of a license pursuant to this section, and shall satisfy the requirements of RCW 34.05.422.

(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 release specified in subsection (11) of this section. The department of licensing and a licensing entity may waive any applicable requirement for 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.

(15) Consistent with the intent of chapter . . ., Laws of 1997 (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 legislature no later than June 30, 1998.

NEW SECTION. Sec. 403. 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 402 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 402 of this act.

(2) On or before January 1, 1998, and semiannually thereafter, the department of social and health services and all licensing entities subject to section 402 of this act shall compare data to identify responsible parents who are not in compliance with a child support order, as defined in section 402 of this act, with all licensees subject to chapter . . ., Laws of 1997 (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 1997 (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. 404. A new section is added to chapter 74.20A RCW to read as follows:

(1) In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 402 of this act, the department shall report the following to the legislature and the governor on December 1, 1998, and annually thereafter:

(a) The number of responsible parents identified as licensees subject to section 402 of this act;

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

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

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

(f) 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;

(g) The costs incurred in the implementation and enforcement of section 402 of this act and an estimate of the amount of child support collected due to the department under section 402 of this act;

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

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

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

(2) To assist in evaluation of the program established in section 402 of this act, the office of the administrator for the courts shall report the following to the legislature and the governor on December 1, 1998, and annually thereafter:

(a) The number of motions for contempt for violation of a visitation or residential order filed under RCW 26.09.160(3);

(b) The number of parents found in contempt under RCW 26.09.160(3); and

(3) This section expires December 2, 2002.

Sec. 405. 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 402 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 480 of this act.

Sec. 406. 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), or section 402 of this act, 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 480 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. 407. A new section is added to chapter 48.22 RCW to read as follows:

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, any provision in the driver's motor vehicle liability insurance policy excluding insurance coverage for an unlicensed driver shall not apply to the driver for ninety days from the date of suspension. When a driver's license is suspended under chapter 74.20A RCW, the driving record for the suspended driver shall include a notation that explains the reason for the suspension.

Sec. 408. RCW 46.52.130 and 1996 c 307 s 4 and 1996 c 183 s 2 are each reenacted and 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 or prospective employer or an agent acting on behalf of an employer or prospective 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 or an agent acting on behalf of 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, including a notation that indicates whether a suspension was pursuant to RCW 46.20.291(7). 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)~~)) (b)(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 include convictions for RCW 46.61.525 (1) and (2) except that the abstract shall report them only as negligent driving without reference to whether they are for first or second degree negligent driving. 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 or an agent acting on behalf of an 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.

Release of a certified abstract of the driving record of an employee or prospective employee requires a statement signed by: (1) The employee or prospective employee that authorizes the release of the record, and (2) the employer attesting that the information is necessary to determine whether the licensee should be employed to operate a commercial vehicle or school bus upon the public highways of this state. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.

Any violation of this section is a gross misdemeanor.

NEW SECTION. Sec. 409. 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. 410. 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 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 402 of this act or by a court as in noncompliance with a residential or visitation order under section 480 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. 411. A new section is added to chapter 18.04 RCW to read as follows:

The board shall immediately suspend the certificate or license of a person who either (1) has been certified pursuant to section 402 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 480 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. 412. 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 480 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.

NEW SECTION. Sec. 413. A new section is added to chapter 18.08 RCW to read as follows:

The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who either (1) has been certified pursuant to section 402 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 480 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. 414. 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) 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.

(3) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 402 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 480 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. 415. A new section is added to chapter 18.16 RCW to read as follows:

The department shall immediately suspend the license of a person who either (1) has been certified pursuant to section 402 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 480 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. 416. A new section is added to chapter 18.20 RCW to read as follows:

Sec. 417. 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 402 of this act, or (b) has been certified pursuant to section 480 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.

NEW SECTION. Sec. 418. A new section is added to chapter 18.28 RCW to read as follows:

Sec. 419. RCW 18.39.181 and 1996 c 217 s 7 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 renew licenses under this chapter;

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

(4) To immediately suspend the license of a person who (a) has been certified pursuant to section 402 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 480 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. 420. A new section is added to chapter 18.39 RCW to read as follows:

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. 421. A new section is added to chapter 18.43 RCW to read as follows:

The board shall immediately suspend the registration of a person who either (1) has been certified pursuant to section 402 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 480 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. 422. A new section is added to chapter 18.44 RCW to read as follows:

The department shall immediately suspend the certificate of registration of a person who either (1) has been certified pursuant to section 402 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 480 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. 423. 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 immediately suspend the license of a person who either (a) has been certified pursuant to section 402 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 480 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.

NEW SECTION. Sec. 424. 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 (1) has been certified pursuant to section 402 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 (2) has been certified pursuant to section 480 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. 425. A new section is added to chapter 18.76 RCW to read as follows:

The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who either (1) has been certified pursuant to section 402 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 480 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. 426. A new section is added to chapter 18.85 RCW to read as follows:

The director shall immediately suspend the license of a broker or salesperson who either (1) has been certified pursuant to section 402 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 480 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. 427. 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 402 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 480 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. 428. 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 402 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 480 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 402 or 480 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.

NEW SECTION. Sec. 429. A new section is added to chapter 18.106 RCW to read as follows:

The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate either (1) has been certified pursuant to section 402 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 480 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. 430. A new section is added to chapter 18.130 RCW to read as follows:

The secretary 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 402 of this act, or (2) has been certified pursuant to section 480 of this act by a court as a person who is not in compliance with a residential or visitation order.

Sec. 431. 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 402 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 secretary 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 secretary shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.

NEW SECTION. Sec. 432. A new section is added to chapter 18.140 RCW to read as follows:

The director shall immediately suspend any license or certificate issued under this chapter if the holder either (1) has been certified pursuant to section 402 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 480 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.

NEW SECTION. Sec. 433. A new section is added to chapter 18.145 RCW to read as follows:

The director shall immediately suspend any certificate issued under this chapter if the holder either (1) has been certified pursuant to section 402 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 480 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. 434. 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 immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 402 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 480 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. 435. 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 402 of this act or not in compliance with a residential or visitation order under section 480 of this act.

NEW SECTION. Sec. 436. A new section is added to chapter 18.165 RCW to read as follows:

The director shall immediately suspend a license issued under this chapter if the holder either (1) has been certified pursuant to section 402 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 480 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. 437. RCW 18.170.170 and 1995 c 277 s 12 are each amended to read as follows:

In addition to the provisions of section 438 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. 438. A new section is added to chapter 18.170 RCW to read as follows:

The director shall immediately suspend any license issued under this chapter if the holder either (1) has been certified pursuant to section 402 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 480 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. 439. A new section is added to chapter 18.175 RCW to read as follows:

The director shall immediately suspend a certificate of registration issued under this chapter if the holder either (1) has been certified pursuant to section 402 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 480 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. 440. A new section is added to chapter 18.185 RCW to read as follows:

Sec. 441. 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. 442. A new section is added to chapter 28A.410 RCW to read as follows:

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 (1) either the department of social and health services certifies that the person is not in compliance with a support order as provided in section 402 of this act or (2) 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. 443. 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. 444. RCW 19.28.310 and 1996 c 241 s 5 are each amended to read as follows:

(1) The department has the power, in case of serious 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 twenty 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 twenty 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 402 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 480 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. 445. 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 402 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 480 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. 446. 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 402 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 480 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. 447. 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. 448. 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 402 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 480 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. 449. 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 402 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 480 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. 450. 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 402 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 480 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. 451. 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) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 402 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 480 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. 452. RCW 19.138.130 and 1996 c 180 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; or

(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.

(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.

(3) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 402 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 480 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. 453. 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.

(6) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 402 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 480 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. 454. 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.

(5) 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 402 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 480 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. 455. A new section is added to chapter 20.01 RCW to read as follows:

The director shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 402 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 480 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. 456. 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. 457. A new section is added to chapter 48.17 RCW to read as follows:

The commissioner shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 402 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 480 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. 458. A new section is added to chapter 74.15 RCW to read as follows:

The secretary shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 402 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 480 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. 459. A new section is added to chapter 47.68 RCW to read as follows:

The department shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 402 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 480 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. 460. A new section is added to chapter 71.12 RCW to read as follows:

The department of health shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 402 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 480 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.

NEW SECTION. Sec. 461. A new section is added to chapter 66.20 RCW to read as follows:

The board shall immediately suspend the license of a person who either (1) has been certified pursuant to section 402 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 480 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. 462. A new section is added to chapter 88.02 RCW to read as follows:

The department shall immediately suspend the vessel registration or vessel dealer's registration of a person who either (1) has been certified pursuant to section 402 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 480 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. 463. 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. 464. 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.

(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. 465. RCW 43.24.110 and 1986 c 259 s 149 are each amended to read as follows:

Except as provided in section 467 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. 466. RCW 43.24.120 and 1987 c 202 s 212 are each amended to read as follows:

Except as provided in section 467 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. 467. A new section is added to chapter 43.24 RCW to read as follows:

The department shall immediately suspend any license issued by the department of licensing of a person who either (1) has been certified pursuant to section 402 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 480 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. 468. 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 402 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 480 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. 469. 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.

(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 402 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 480 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. 470. 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.

Sec. 471. 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.

(9) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 402 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 480 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. 472. A new section is added to chapter 70.95B RCW to read as follows:

Sec. 473. 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.

Sec. 474. 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 402 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 480 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.

(5) A contractor who violates any provision of this chapter may be assessed a fine not to exceed five hundred dollars for each violation.

(6) 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) 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. 475. RCW 19.146.220 and 1996 c 103 s 1 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.

(2) The director may impose the following sanctions:

(a) Deny applications for licenses for: (i) Violations of orders, including cease and desist orders issued under this chapter; or (ii) any violation of RCW 19.146.050 or 19.146.0201 (1) through (9);

(b) Suspend or revoke licenses for:

(i) False statements or omission of material information on the application that, if known, would have allowed the director to deny the application for the original license;

(ii) Failure to pay a fee required by the director or maintain the required bond;

(iii) Failure to comply with any directive or order of the director; or

(iv) Any violation of RCW 19.146.050, 19.146.0201 (1) through (9) or (13), 19.146.205(3), or 19.146.265;

(c) Impose fines on the licensee, employee or loan originator of the licensee, or other person subject to this chapter for:

(i) Any violations of RCW 19.146.0201 (1) through (9) or (13), 19.146.030 through 19.146.090, 19.146.200, 19.146.205(3), or 19.146.265; or

(ii) Failure to comply with any directive or order of the director;

(d) Issue orders directing a licensee, its employee or loan originator, or other person subject to this chapter to:

(i) Cease and desist from conducting business in a manner that is injurious to the public or violates any provision of this chapter; or

(ii) Pay restitution to an injured borrower; or

(e) Issue orders 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 of any licensed mortgage broker or any person subject to licensing under this chapter for:

(i) Any violation of 19.146.0201 (1) through (9) or (13), 19.146.030 through 19.146.090, 19.146.200, 19.146.205(3), or 19.146.265; or

(ii) False statements or omission of material information on the application that, if known, would have allowed the director to deny the application for the original license;

(iii) Conviction of a gross misdemeanor involving dishonesty or financial misconduct or a felony after obtaining a license; or

(iv) Failure to comply with any directive or order of the director.

(3) Each day's continuance of a violation or failure to comply with any directive or order of the director is a separate and distinct violation or failure.

(4) 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.

(5) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 402 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 480 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.

NEW SECTION. Sec. 476. A new section is added to chapter 75.25 RCW to read as follows:

(1) Licenses issued pursuant to this chapter shall be invalid for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order or residential or visitation order. Fisheries patrol officers, ex officio fisheries patrol officers, and authorized fisheries employees shall enforce this section through checks of the department of licensing's computer data base. A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(7) shall be prima facie evidence that the individual is in noncompliance with a support order or residential or visitation order. Presentation of a written release issued by the department of social and health services or a court stating that the person is in compliance with an order shall serve as prima facie proof of compliance with a support order, residential order, or visitation order.

(2) It is unlawful to purchase, obtain, or possess a license required by this chapter during any period in which a license is suspended.

NEW SECTION. Sec. 477. A new section is added to chapter 77.32 RCW to read as follows:

(1) Licenses, tags, and stamps issued pursuant to this chapter shall be invalid for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order or residential or visitation order. Wildlife agents and ex officio wildlife agents shall enforce this section through checks of the department of licensing's computer data base. A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(7) shall be prima facie evidence that the individual is in noncompliance with a support order or residential or visitation order. Presentation of a written release issued by the department of social and health services stating that the person is in compliance with an order shall serve as prima facie proof of compliance with a support order, residential order, or visitation order.

(2) It is unlawful to purchase, obtain, or possess a license required by this chapter during any period in which a license is suspended.

NEW SECTION. Sec. 478. A new section is added to chapter 75.28 RCW to read as follows:

(1) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 402 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 480 of this act by a court as a person who is not in compliance with a residential or visitation order.

(2) A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(7) shall be prima facie evidence that the individual is in noncompliance with a support order or residential or visitation order. Presentation of a written release issued by the department of social and health services or a court stating that the person is in compliance with an order shall serve as proof of compliance.

Sec. 479. RCW 75.28.010 and 1993 c 340 s 2 are each amended to read as follows:

(1) Except as otherwise provided by this title, it is unlawful to engage in any of the following activities without a license or permit issued by the director:

(a) Commercially fish for or take food fish or shellfish;

(b) Deliver food fish or shellfish taken in offshore waters;

(d) Engage in processing or wholesaling food fish or shellfish; or

(e) Act as a guide for salmon for personal use in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.

(2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.

(3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.

(4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

NEW SECTION. Sec. 480. 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. "License" does not mean the tax registration or certification issued under Title 82 RCW by the department of revenue.

(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 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) Once the parent whose license is suspended has complied with the requirements of the court's order under RCW 26.09.160, or at an earlier date if the court deems it appropriate, the parent whose license is suspended may petition the court to set a review hearing to determine whether the noncomplying parent is in compliance with the residential or visitation order.

(4) Upon receipt of the court order, the licensing entity shall refuse to 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. 481. 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~~)) enter any combination of the following orders:

(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 480 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. 482. 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 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. 483. 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 402 of this act, may be not renewed or suspended if the parent is not in compliance with a support order as defined in section 402 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 402 of this act, may be not renewed or suspended if the parent is not in compliance with a support order as defined in section 402 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 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 maintain a license, as defined in section 402 of this act, may be not renewed or suspended if the parent is not in compliance with a support order as defined in section 402 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. 484. 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 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. 485. 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 maintain a license, as defined in section 402 of this act, may be not renewed or suspended if the parent is not in compliance with a support order as defined in section 402 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 V. WELFARE-TO-WORK EFFECTIVENESS STUDIES

NEW SECTION. Sec. 501. A new section is added to chapter 44.28 RCW to read as follows:

WELFARE-TO-WORK PROGRAMS STUDY. (1) The joint legislative audit and review committee shall conduct an evaluation of the effectiveness of the welfare-to-work programs described in chapter . . ., Laws of 1997 (this act), including the job opportunities and basic skills training program and any approved private, county, or local government welfare-to-work programs. The evaluation shall assess the success of the programs in assisting clients to become employed and to reduce their use of temporary assistance for needy families. The study shall include but not be limited to the following:

(a) A random assignment of clients to public agencies and private contractors to assess the effectiveness of program services provided by public and private contractors;

(b) An assessment of employment outcomes, including hourly wages, hours worked, and total earnings, for clients;

(c) A comparison of temporary assistance for needy families outcomes, including grant amounts and program exits, for clients;

(d) A cost-benefit analysis of the use of public and private contractors;

(e) An audit of the performance-based contract for each private nonprofit contractor for job opportunities and basic skills training program services; and

(f) An assessment of the extent to which recipients who are heads of households may be affected by a learning disability that prevents high school completion or impairs employability. For the purposes of this study, "learning disabilities" are defined as a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language that prevents the person from achieving commensurate with his or her age and ability levels in one or more of the areas listed in this subsection, when provided with appropriate learning or training experiences. Such disorder may include problems in visual or auditory perception and integration and may manifest itself in an impaired ability to listen, think, speak or communicate clearly, read with comprehension, write legibly and with meaning, spell, and accurately perform mathematical calculations, including those involving reading. The presence of a specific learning disability is indicated by intellectual function above that specified by the Washington administrative code for special education for eligibility as mentally retarded and by a severe discrepancy between the person's intellectual ability and academic or career achievement in one or more of the following areas:

(i) Oral expression;

(ii) Listening comprehension;

(iii) Written expression;

(iv) Basic reading skills;

(v) Reading comprehension;

(vi) Mathematics calculations; and

(vii) Mathematics reasoning.

Such performance deficit cannot be explained by visual, or hearing, or motor disabilities, mental retardation, behavioral disability or environmental, cultural, or economic disadvantage. A specific learning disability includes conditions described as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, dysgraphia, and developmental aphasia.

(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, and 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 study.

(3) Additional data may be collected directly from clients if not available from administrative records.

(4) The joint legislative audit and review 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 joint legislative audit and review committee shall present an evaluation plan to the legislature after consultation with the federal government on the design of the evaluation.

(6) The joint legislative audit and review committee shall submit annual reports to the legislature, beginning in December 2000, with a final report due in December 2004, unless an earlier date is recommended by the committee.

NEW SECTION. Sec. 502. A new section is added to chapter 44.28 RCW to read as follows:

TIME LIMIT OUTCOME STUDY. The joint legislative audit and review committee shall conduct an evaluation of the effects of time limits on recipients of temporary assistance for needy families, both generally and in Washington state. The joint legislative audit and review committee, in consultation with the Washington institute for public policy, shall work in consultation and cooperation with a focus group comprised of the welfare policy committee described in section 503 of this act, as well as representatives from the governor's office, and other interested parties. The focus group shall begin meeting with the joint legislative audit and review committee no later than January 1998, and periodically thereafter as needed. The study shall include, but not be limited to, reports to the legislature regarding the following:

(1) By December 1998, a summary of data and preliminary evaluations of the effects of time limits in a sampling of at least five other jurisdictions in which two-year time limits were enacted and in effect by 1995. This summary shall include publicly available governmental and scholarly reports and evaluations regarding the effects of time limits, from government agencies, universities, and public policy institutes.

(2) By December 1999, a detailed, updated summary of the effects of time limits on the temporary assistance for needy families population in a state identified in subsection (1) of this section as having families for which the time limits have run and for which outcome data is available.

(3) By December 2000, and annually through December 2004, an updated summary of the other jurisdictions being tracked in subsections (1) and (2) of this section and an evaluation of the preliminary and subsequent effects of Washington state time limits on Washington state temporary assistance for needy families recipients. The Washington state study shall include: A cost-benefit analysis of the effect of time limits on caseloads for temporary assistance for needy families, cross-comparing caseload reductions, if any, in temporary assistance for needy families with caseload increases, if any, in the foster care and child protective services caseloads. The Washington study shall focus on the outcomes to families whose benefits are decreased or discontinued as a direct result of time limits, including information regarding relative changes in their income status, changes in residence, and the extent to which their family resources may be supplemented by private, nonprofit, religious, or charitable organizations.

NEW SECTION. Sec. 503. A new section is added to chapter 74.04 RCW to read as follows:

WELFARE POLICY COMMITTEE. Beginning no later than January 2000, the welfare policy committee shall convene to consider the study specified in section 502 of this act. The welfare policy committee shall consist of two members of the senate, one from each party, two members of the house, one from each party, and two representatives from service or charitable organizations, appointed by the governor. The welfare policy committee shall make any legislative recommendations it may choose to the legislature by December 2001, and annually each December thereafter until 2004, in the form of proposed legislation. Such proposed legislation shall contain revisions to state law regarding temporary assistance for needy families. The goal of the revisions shall be to promote independence from welfare, while minimizing any adverse effect of time limits on children in poverty. In December 2006, the welfare policy committee shall terminate.

PART VI. MISCELLANEOUS

Sec. 601. 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"CPublic 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"CThe department of social and health services.

(3) "County or local office"CThe 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"CThe 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"CAid 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~~)) temporary assistance for needy families 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~~)) temporary assistance for needy families 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~~)) temporary assistance for needy families 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~~)) temporary assistance for needy families 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"CAny 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"CAny person receiving assistance and in addition those dependents whose needs are included in the recipient's assistance.

(9) "Standards of assistance"CThe level of income required by an applicant or recipient to maintain a level of living specified by the department.

(10) "Resource"CAny 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 temporary assistance for needy families 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~~)) temporary assistance for needy families 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"C(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~~)) temporary assistance for needy families 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"CThe 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 or adult relative caring for 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.

NEW SECTION. Sec. 602. The legislature finds that independence, personal responsibility, and accountability for individual actions should be emphasized in citizens wherever they live on the socioeconomic spectrum of society. The legislature further finds that low-income, single parents are more likely to remain off public assistance rolls if the benefits of child support payments go directly to custodial parents rather than cumbersome state and federal bureaucracies as reimbursements.

Therefore, it is the public policy of the state of Washington to encourage parental employment and prompt and regular payment of child support, and by so doing, to shorten or avoid periods of receipt of cash assistance, increase family income, and provide incentives for the establishment of paternity and regular payment of support.

NEW SECTION. Sec. 603. (1) The family security and responsibility program is created in the department. This program shall be state‑funded and in addition to, and separate from the federal temporary assistance for needy families program, funded by grants under the personal responsibility and work opportunity act of 1996, P.L. 104‑193.

(2) Eligibility for the family security and responsibility program shall be redetermined each year. If, at the redetermination, it is established that the absent parent is not paying child support regularly, the participant shall be transferred to the temporary assistance for needy families programs with no interruption to benefits. Participants may transfer to temporary assistance for needy families, at their option and without cause, upon one month's notice to the department.

NEW SECTION. Sec. 604. Except as otherwise provided in this chapter, applicants and participants in the family security and responsibility program are subject to the same rules and shall be entitled to the same benefits, including transitional benefits, as those applicants and recipients of the temporary assistance for needy families program.

NEW SECTION. Sec. 605. Any person otherwise eligible to participate in the temporary assistance for needy families program is also eligible to participate in the family security and responsibility program if the absent parent of the qualifying child or children has paid current child support in at least four months in the immediately preceding six‑month period.

NEW SECTION. Sec. 606. (1) A parent participating in the family security and responsibility program is not required to assign any rights to child support.

(2) The division of child support shall distribute child support as a nonassistance recipient of child support services.

NEW SECTION. Sec. 607. (1) A participant in the family support and responsibility program shall have one hundred twenty dollars plus one-third of family earnings plus unearned income disregarded in determining the appropriate grant level. As used in this section, "family earnings" means the amount of earned income, less taxes and mandatory deductions, received by the parent with whom the child resides.

(2) A participant in the family support and responsibility program shall also have twenty-five percent of total current monthly child support distributed for a child living in the family disregarded in determining the appropriate grant level.

(3) The benefits payable to a participant of the family security and responsibility program shall be the amount derived by subtracting from the grant standard countable income as provided in subsection (1) of this section and countable child support as provided in subsection (2) of this section.

NEW SECTION. Sec. 608. No payment may be made by the family security and responsibility program if the total of family income and child support exceed one hundred ten percent of the standard of need as set forth in RCW 74.04.770.

NEW SECTION. Sec. 609. (1) An individual receiving assistance under temporary assistance for needy families may transfer to the family support and responsibility program on the first day of the month following the month of application for the family support and responsibility program if the individual meets the child support criteria in section 605 of this act.

(2) An individual who meets the eligibility criteria under section 605 of this act who applies for assistance under the temporary assistance for needy families program shall be given the option of applying for the family support and responsibility program instead.

NEW SECTION. Sec. 610. The department may adopt rules for the administration of this program in accordance with the administrative procedure act, chapter 34.05 RCW.

NEW SECTION. Sec. 611. Sections 602 through 610 of this act constitute a new chapter in Title 74 RCW.

NEW SECTION. Sec. 612. 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. 613. A new section is added to chapter 74.12 RCW to read as follows:

The department of social and health services shall:

(1) Provide eligible Indian tribes ongoing, meaningful opportunities to participate in the development, oversight, and operation of the state temporary assistance for needy families program;

(2) Certify annually that it is providing equitable access to the state temporary assistance for needy families program to Indian people whose tribe is not administering a tribal temporary assistance for needy families program;

(3) Coordinate and cooperate with eligible Indian tribes that elect to operate a tribal temporary assistance for needy families program as provided for in P.L. 104-193; and

(4) Upon approval by the secretary of the department of health and human services of a tribal temporary assistance for needy families program, transfer a fair and equitable amount of the state maintenance of effort funds to the eligible Indian tribe. The legislature shall specify the amount of state maintenance of effort funds to be transferred in the biennial appropriations act.

NEW SECTION. Sec. 614. A new section is added to chapter 74.12 RCW to read as follows:

An eligible Indian tribe exercising its authority under P.L. 104‑193 to operate a tribal temporary assistance for needy families program shall operate the program on a state fiscal year basis. If a tribe decides to cancel a tribal temporary assistance for needy families program, it shall notify the department of social and health services no later than ninety days prior to the start of the state fiscal year.

NEW SECTION. Sec. 615. 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. 616. 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.

NEW SECTION. Sec. 617. A new section is added to chapter 74.04 RCW to read as follows:

For the purpose of evaluating the effect of the defense of equitable estoppel on the recovery of overpayments and the administration of justice in public assistance cases, the department shall report the following to the appropriate committees of the legislature by December 1, 1997:

(1) The number of applicants and recipients of public assistance who have raised the defense of equitable estoppel in an administrative proceeding related to the collection of overpayments or the determination of eligibility;

(2) The number of recipients or applicants of public assistance who prevailed in an administrative proceeding related to the collection of overpayments or the determination of eligibility due to the defense of equitable estoppel;

(3) The amount, average amount, and percent of payments and overpayments not collected due to the successful assertion of the defense of equitable estoppel at an administrative proceeding related to the collection of overpayments or the determination of eligibility;

(4) Any other information regarding the assertion of the defense of equitable estoppel in administrative proceedings that the department feels will assist in evaluation of the defense.

Sec. 618. RCW 50.13.060 and 1996 c 79 s 1 are each amended to read as follows:

(1) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal shall have access to information or records deemed private and confidential under this chapter if the information or records are needed by the agency for official purposes and:

(a) The agency submits an application in writing to the employment security department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; and

(b) The director, commissioner, chief executive, or other official of the agency has verified the need for the specific information in writing either on the application or on a separate document; and

(c) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in a manner which conforms to the civil rules for superior court. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the employment security department to state any objections to the release of the records or information. The employment security department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The employment security department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.

(2) The requirements of subsections (1) and ((~~(8)~~)) (9) of this section shall not apply to the state legislative branch. The state legislature shall have access to information or records deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information or records are necessary and for official purposes. If the employment security department does not make information or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16 RCW.

(3) In cases of emergency the governmental agency requesting access shall not be required to formally comply with the provisions of subsection (1) of this section at the time of the request if the procedures required by subsection (1) of this section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this chapter. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.

(4) The requirements of subsection (1)(c) of this section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws.

(5) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) must be satisfied.

(6) Governmental agencies may have access to certain records and information, limited to employer information possessed by the department for purposes authorized in chapter 50.38 RCW. Access to these records and information is limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies. Only in cases consistent with the purposes of chapter 50.38 RCW are government agencies not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied. Information provided by the department and held to be private and confidential under state or federal laws shall not be misused or released to unauthorized parties subject to the sanctions in RCW 50.13.080.

(7) Disclosure to governmental agencies of information or records obtained by the employment security department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so required by federal law. When federal law does not apply to the records or information state law shall control.

(8) For purposes of statistical analysis and evaluation of the job opportunities and basic skills training program or any successor state welfare program, the department of social and health services shall have access to employer wage information on clients in the program whose names and social security numbers are provided to the department. The information provided by the department may be used only to measure work force participation of the identified clients. The department of social and health services is not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied.

(9) The disclosure of any records or information by a governmental agency which has obtained the records or information under this section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information were obtained.

((~~(9)~~)) (10) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel shall have access to records of the employment security department as may be required for such studies. For such purposes, the requirements of subsection (1)(c) of this section need not apply.

NEW SECTION. Sec. 619. A new section is added to chapter 43.20A RCW to read as follows:

(1) The department shall provide the employment security department quarterly with the names and social security numbers of all clients in the job opportunities and basic skills training program and any successor state welfare program.

(2) The information provided by the employment security department under RCW 50.13.060 for statistical analysis and welfare program evaluation purposes may be used only to measure the work force participation of clients in the job opportunities and basic skills training program and any successor state welfare program. Through individual matches with accessed employment security department confidential employer wage files, the department of social and health services shall report only aggregate, statistical, group level data.

(3) The department shall protect the privacy of confidential personal data supplied under RCW 50.13.060 consistent with federal law, chapter 50.13 RCW, and the terms and conditions of a formal data-sharing agreement between the two departments. The misuse or unauthorized use of confidential data supplied by the employment security department is subject to the penalties in RCW 50.13.080.

Sec. 620. 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. It may be discontinued at any time.

NEW SECTION. Sec. 621. A new section is added to chapter 74.25 RCW to read as follows:

(1) The department shall allow religious organizations to provide services to families receiving temporary assistance for needy families on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under chapter 74.12 RCW.

(2) The department shall adopt rules implementing this section and the applicable portions of P.L. 104‑193 related to services provided by charitable, religious, or private organizations.

Sec. 622. RCW 74.04.062 and 1973 c 152 s 2 are each amended to read as follows:

Upon written request of a person who has been properly identified as an officer of the law ((~~with a felony arrest warrant~~)) or a properly identified United States immigration official ((~~with a warrant for an illegal alien~~)) the department shall disclose to such officer the current address and location of ((~~the person properly described in the warrant~~)) a recipient of public welfare if the officer furnishes the department with such person's name and social security account number and satisfactorily demonstrates that such recipient is a fugitive, that the location or apprehension of such fugitive is within the officer's official duties, and that the request is made in the proper exercise of those duties.

When the department becomes aware that a public assistance recipient is the subject of an outstanding warrant, the department may contact the appropriate law enforcement agency and, if the warrant is valid, provide the law enforcement agency with the location of the recipient.

NEW SECTION. Sec. 623. If specific funding for the purpose of sections 109 and 110 of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, sections 109 and 110 of this act are null and void.

NEW SECTION. Sec. 624. 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. 625. The table of contents, part headings, subheadings, and captions used in this act do not constitute any part of the law.

NEW SECTION. Sec. 626. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 627. 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.