AN
ACT Relating to making technical corrections to the Revised Code of Washington;
amending RCW 36.32.210; reenacting and amending RCW 18.71.210, 57.08.050, and
70.47.060; reenacting RCW 35.02.200, 70.47.020, and 74.15.020; and repealing
RCW 56.08.070.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.71.210 and 1995 c 65 s 4 and 1995 c 103 s 1 are each reenacted and amended
to read as follows:
No
act or omission of any physician's trained emergency medical service
intermediate life support technician and paramedic, as defined in RCW
18.71.200, or any emergency medical technician or first responder,
as defined in RCW 18.73.030, done or omitted in good faith while rendering
emergency medical service under the responsible supervision and control of a
licensed physician or an approved medical program director or delegate(s) to a
person who has suffered illness or bodily injury shall impose any liability
upon:
(1)
The physician's trained emergency medical service intermediate life support
technician and paramedic, emergency medical technician, or first responder;
(2)
The medical program director;
(3)
The supervising physician(s);
(4)
Any hospital, the officers, members of the staff, nurses, or other employees of
a hospital;
(5)
Any training agency or training physician(s);
(6)
Any licensed ambulance service; or
(7)
Any federal, state, county, city or other local governmental unit or employees
of such a governmental unit.
This
section shall apply to an act or omission committed or omitted in the
performance of the actual emergency medical procedures and not in the
commission or omission of an act which is not within the field of medical
expertise of the physician's trained emergency medical service intermediate
life support technician and paramedic, emergency medical technician, or first
responder, as the case may be.
This
section shall apply also, as to the entities and personnel described in subsections
(1) through (7) of this section, to any act or omission committed or omitted in
good faith by such entities or personnel in rendering services at the request
of an approved medical program director in the training of emergency medical
service ((medical)) personnel for certification or recertification
pursuant to this chapter.
This
section shall not apply to any act or omission which constitutes either gross
negligence or willful or wanton misconduct.
EXPLANATORY
NOTE
RCW
18.71.210 was amended twice by the 1995 legislature. Chapter 65 s 4 revised
the classifications for emergency medical service personnel and chapter 103 s 1
revised the liability immunity for emergency medical service personnel and
their supervisors. The purpose of this bill is to give effect to both
amendments by reenacting the section including both amendments and making
technical corrections.
Sec.
2. RCW
35.02.200 and 1989 c 267 s 1 and 1989 c 76 s 3 are each reenacted to read as
follows:
(1)
If a portion of a fire protection district including less than sixty percent of
the assessed value of the real property of the district is annexed to or
incorporated into a city or town, the ownership of all assets of the district
shall remain in the district and the district shall pay to the city or town,
or, if the city or town has been annexed by another fire protection district,
to the other fire protection district within one year or within such period of
time as the district continues to collect taxes in such incorporated or annexed
areas, in cash, properties or contracts for fire protection services, a
percentage of the value of said assets equal to the percentage of the value of
the real property in the entire district lying within the area so incorporated
or annexed: PROVIDED, That if the area annexed or incorporated includes less
than five percent of the area of the district, no payment shall be made to the
city or town or fire protection district except as provided in RCW 35.02.205.
(2)
As provided in RCW 35.02.210, the fire protection district from which territory
is removed as a result of an incorporation or annexation shall provide fire
protection to the incorporated or annexed area for such period as the district
continues to collect taxes levied in such annexed or incorporated area.
(3)
For the purposes of this section, the word "assets" shall mean the
total assets of the fire district, reduced by its liabilities, including bonded
indebtedness, the same to be determined by usual and accepted accounting
methods. The amount of said liability shall be determined by reference to the
fire district's balance sheet, produced in the regular course of business,
which is nearest in time to the certification of the annexation of fire
district territory by the city or town.
EXPLANATORY
NOTE
RCW
35.02.200 was amended twice by the 1989 legislature. Chapter 76 s 3
established that a payment owed by a fire protection district that is annexed
by a city or town would be paid to another fire protection district if that
other district had annexed the city or town and chapter 267 s 1 revised the
method to calculate the payment without taking cognizance of the possibility of
payment to another fire protection district. The purpose of this bill is to
give effect to both amendments by reenacting the section including both
amendments.
Sec.
3. RCW
36.32.210 and 1995 c 194 s 5 are each amended to read as follows:
Each
board of county commissioners of the several counties of the state of
Washington shall, on the first Monday of (([March of])) March of
each year, file with the auditor of the county a statement verified by oath
showing for the twelve months period ending December 31st of the preceding
year, the following:
(1)
A full and complete inventory of all capitalized assets shall be kept in
accordance with standards established by the state auditor. This inventory
shall be segregated to show the following subheads:
(a)
The assets, including equipment, on hand, together with a statement of the date
when acquired, the amount paid therefor, the estimated life thereof and a
sufficient description to fully identify such property;
(b)
All equipment of every kind or nature sold or disposed of in any manner during
such preceding twelve months period, together with the name of the purchaser,
the amount paid therefor, whether or not the same was sold at public or private
sale, the reason for such disposal and a sufficient description to fully
identify the same;
(c)
All the equipment purchased during said period, together with the date of
purchase, the amount paid therefor, whether or not the same was bought under
competitive bidding, the price paid therefor and the probable life thereof, the
reason for making the purchase and a sufficient description to fully identify
such property;
(2)
The person to whom such money or any part thereof was paid and why so paid and
the date of such payment.
EXPLANATORY
NOTE
This
bill adds the words "March of", which were inadvertently omitted in a
1995 floor amendment to Substitute Senate Bill No. 5183.
Sec.
4. RCW
57.08.050 and 1996 c 230 s 311 and 1996 c 18 s 14 are each reenacted and
amended to read as follows:
(1)
All work ordered, the estimated cost of which is in excess of five thousand
dollars shall be let by contract. All contract projects, the estimated cost of
which is less than fifty thousand dollars, may be awarded to a contractor using
the small works roster process provided in RCW 39.04.155. The board of
commissioners may set up uniform procedures to prequalify contractors for
inclusion on the small works roster. All contract projects equal to or in
excess of fifty thousand dollars shall be let by competitive bidding. Before
awarding any such contract the board of commissioners shall publish a notice in
a newspaper of general circulation where the district is located at least once
thirteen days before the last date upon which bids will be received, inviting
sealed proposals for such work, plans and specifications which must at the time
of publication of such notice be on file in the office of the board of
commissioners subject to the public inspection. The notice shall state
generally the work to be done and shall call for proposals for doing the same
to be sealed and filed with the board of ((water)) commissioners on or
before the day and hour named therein.
Each
bid shall be accompanied by a certified or cashier's check or postal money
order payable to the order of the county treasurer for a sum not less than five
percent of the amount of the bid, or accompanied by a bid bond in an amount not
less than five percent of the bid with a corporate surety licensed to do
business in the state, conditioned that the bidder will pay the district as
liquidated damages the amount specified in the bond, unless the bidder enters
into a contract in accordance with the bidder's bid, and no bid shall be
considered unless accompanied by such check, cash or bid bond. At the time and
place named such bids shall be publicly opened and read and the board of
commissioners shall proceed to canvass the bids and may let such contract to
the lowest responsible bidder upon plans and specifications on file or to the
best bidder submitting the bidder's own plans and specifications. However, no
contract shall be let in excess of the cost of the materials or work. The
board of commissioners may reject all bids for good cause and readvertise and
in such case all checks, cash or bid bonds shall be returned to the bidders.
If the contract is let, then all checks, cash, or bid bonds shall be returned
to the bidders, except that of the successful bidder, which shall be retained
until a contract shall be entered into for doing the work, and a bond to
perform such work furnished with sureties satisfactory to the board of
commissioners in the full amount of the contract price between the bidder and
the commission in accordance with the bid. If the bidder fails to enter into
the contract in accordance with the bid and furnish the bond within ten days
from the date at which the bidder is notified that the bidder is the successful
bidder, the check, cash, or bid bonds and the amount thereof shall be forfeited
to the district. If the bidder fails to enter into a contract in accordance
with the bidder's bid, and the board of commissioners deems it necessary to
take legal action to collect on any bid bond required by this section, then the
district shall be entitled to collect from the bidder any legal expenses,
including reasonable attorneys' fees occasioned thereby. A low bidder who
claims error and fails to enter into a contract is prohibited from bidding on
the same project if a second or subsequent call for bids is made for the
project.
(2)
Any purchase of materials, supplies, or equipment, with an estimated cost in
excess of ten thousand dollars, shall be by contract. Any purchase of
materials, supplies, or equipment, with an estimated cost of from five thousand
dollars to less than fifty thousand dollars shall be made using the process
provided in RCW 39.04.155 or by competitive bidding following the procedure for
letting contracts for projects under subsection (1) of this section. Any
purchase of materials, supplies, or equipment with an estimated cost of fifty
thousand dollars or more shall be made by competitive bidding following the
procedure for letting contracts for projects under subsection (1) of this
section.
(3)
In the event of an emergency when the public interest or property of the
district would suffer material injury or damage by delay, upon resolution of
the board of commissioners, or proclamation of an official designated by the
board to act for the board during such emergencies, declaring the existence of
such emergency and reciting the facts constituting the same, the board or
official acting for the board may waive the requirements of this chapter with
reference to any purchase or contract. In addition, these requirements may be
waived for purchases which are clearly and legitimately limited to a single
source of supply and purchases involving special facilities, services, or
market conditions, in which instances the purchase price may be best
established by direct negotiation.
EXPLANATORY
NOTE
RCW
57.08.050 was amended twice by the 1996 legislature. Chapter 18 s 14 added a
provision to water district bidding procedures prohibiting a low bidder who
claims error from bidding again on the same project and chapter 230 s 311 made
a number of revisions to water-sewer districts, which are created by chapter
230. The purpose of this bill is to give effect to both amendments by
reenacting the section including both amendments.
Sec.
5. RCW
70.47.020 and 1995 c 266 s 2 and 1995 c 2 s 3 are each reenacted to read as
follows:
As
used in this chapter:
(1)
"Washington basic health plan" or "plan" means the system
of enrollment and payment on a prepaid capitated basis for basic health care
services, administered by the plan administrator through participating managed
health care systems, created by this chapter.
(2)
"Administrator" means the Washington basic health plan administrator,
who also holds the position of administrator of the Washington state health
care authority.
(3)
"Managed health care system" means any health care organization,
including health care providers, insurers, health care service contractors,
health maintenance organizations, or any combination thereof, that provides
directly or by contract basic health care services, as defined by the
administrator and rendered by duly licensed providers, on a prepaid capitated
basis to a defined patient population enrolled in the plan and in the managed
health care system.
(4)
"Subsidized enrollee" means an individual, or an individual plus the
individual's spouse or dependent children, not eligible for medicare, who
resides in an area of the state served by a managed health care system
participating in the plan, whose gross family income at the time of enrollment
does not exceed twice the federal poverty level as adjusted for family size and
determined annually by the federal department of health and human services, and
who chooses to obtain basic health care coverage from a particular managed
health care system in return for periodic payments to the plan.
(5)
"Nonsubsidized enrollee" means an individual, or an individual plus
the individual's spouse or dependent children, not eligible for medicare, who
resides in an area of the state served by a managed health care system
participating in the plan, and who chooses to obtain basic health care coverage
from a particular managed health care system, and who pays or on whose behalf
is paid the full costs for participation in the plan, without any subsidy from
the plan.
(6)
"Subsidy" means the difference between the amount of periodic payment
the administrator makes to a managed health care system on behalf of a
subsidized enrollee plus the administrative cost to the plan of providing the
plan to that subsidized enrollee, and the amount determined to be the
subsidized enrollee's responsibility under RCW 70.47.060(2).
(7)
"Premium" means a periodic payment, based upon gross family income
which an individual, their employer or another financial sponsor makes to the
plan as consideration for enrollment in the plan as a subsidized enrollee or a
nonsubsidized enrollee.
(8)
"Rate" means the per capita amount, negotiated by the administrator
with and paid to a participating managed health care system, that is based upon
the enrollment of subsidized and nonsubsidized enrollees in the plan and in
that system.
EXPLANATORY
NOTE
RCW
70.47.020 was amended twice by the 1995 legislature. Chapter 2 s 3 changed the
date by which health insurance entities must be certified as certified health
plans and chapter 266 s 2 eliminated the requirement that health insurance
entities must be certified as certified health plans and made other revisions.
The purpose of this bill is to reenact the section eliminating the requirement.
Sec.
6. RCW
70.47.060 and 1995 c 266 s 1 and 1995 c 2 s 4 are each reenacted and amended to
read as follows:
The
administrator has the following powers and duties:
(1)
To design and from time to time revise a schedule of covered basic health care
services, including physician services, inpatient and outpatient hospital
services, prescription drugs and medications, and other services that may be
necessary for basic health care. In addition, the administrator may offer as
basic health plan services chemical dependency services, mental health services
and organ transplant services; however, no one service or any combination of
these three services shall increase the actuarial value of the basic health
plan benefits by more than five percent excluding inflation, as determined by
the office of financial management. All subsidized and nonsubsidized enrollees
in any participating managed health care system under the Washington basic
health plan shall be entitled to receive (([covered basic health care
services])) covered basic health care services in return for premium
payments to the plan. The schedule of services shall emphasize proven
preventive and primary health care and shall include all services necessary for
prenatal, postnatal, and well-child care. However, with respect to coverage
for groups of subsidized enrollees who are eligible to receive prenatal and
postnatal services through the medical assistance program under chapter 74.09
RCW, the administrator shall not contract for such services except to the
extent that such services are necessary over not more than a one-month period in
order to maintain continuity of care after diagnosis of pregnancy by the
managed care provider. The schedule of services shall also include a separate
schedule of basic health care services for children, eighteen years of age and
younger, for those subsidized or nonsubsidized enrollees who choose to secure
basic coverage through the plan only for their dependent children. In
designing and revising the schedule of services, the administrator shall
consider the guidelines for assessing health services under the mandated
benefits act of 1984, RCW 48.42.080, and such other factors as the
administrator deems appropriate.
However,
with respect to coverage for subsidized enrollees who are eligible to receive
prenatal and postnatal services through the medical assistance program under
chapter 74.09 RCW, the administrator shall not contract for such services
except to the extent that the services are necessary over not more than a
one-month period in order to maintain continuity of care after diagnosis of
pregnancy by the managed care provider.
(2)(a)
To design and implement a structure of periodic premiums due the administrator
from subsidized enrollees that is based upon gross family income, giving
appropriate consideration to family size and the ages of all family members.
The enrollment of children shall not require the enrollment of their parent or
parents who are eligible for the plan. The structure of periodic premiums
shall be applied to subsidized enrollees entering the plan as individuals
pursuant to subsection (9) of this section and to the share of the cost of the
plan due from subsidized enrollees entering the plan as employees pursuant to
subsection (10) of this section.
(b)
To determine the periodic premiums due the administrator from nonsubsidized
enrollees. Premiums due from nonsubsidized enrollees shall be in an amount
equal to the cost charged by the managed health care system provider to the
state for the plan plus the administrative cost of providing the plan to those
enrollees and the premium tax under RCW 48.14.0201.
(c)
An employer or other financial sponsor may, with the prior approval of the
administrator, pay the premium, rate, or any other amount on behalf of a
subsidized or nonsubsidized enrollee, by arrangement with the enrollee and through
a mechanism acceptable to the administrator, but in no case shall the payment
made on behalf of the enrollee exceed the total premiums due from the enrollee.
(d)
To develop, as an offering by all health carriers providing coverage identical
to the basic health plan, a model plan benefits package with uniformity in
enrollee cost-sharing requirements.
(3)
To design and implement a structure of enrollee cost sharing due a managed
health care system from subsidized and nonsubsidized enrollees. The structure
shall discourage inappropriate enrollee utilization of health care services,
and may utilize copayments, deductibles, and other cost-sharing mechanisms, but
shall not be so costly to enrollees as to constitute a barrier to appropriate
utilization of necessary health care services.
(4)
To limit enrollment of persons who qualify for subsidies so as to prevent an
overexpenditure of appropriations for such purposes. Whenever the
administrator finds that there is danger of such an overexpenditure, the administrator
shall close enrollment until the administrator finds the danger no longer
exists.
(5)
To limit the payment of subsidies to subsidized enrollees, as defined in RCW
70.47.020. The level of subsidy provided to persons who qualify may be based on
the lowest cost plans, as defined by the administrator.
(6)
To adopt a schedule for the orderly development of the delivery of services and
availability of the plan to residents of the state, subject to the limitations
contained in RCW 70.47.080 or any act appropriating funds for the plan.
(7)
To solicit and accept applications from managed health care systems, as defined
in this chapter, for inclusion as eligible basic health care providers under
the plan. The administrator shall endeavor to assure that covered basic health
care services are available to any enrollee of the plan from among a selection
of two or more participating managed health care systems. In adopting any
rules or procedures applicable to managed health care systems and in its dealings
with such systems, the administrator shall consider and make suitable allowance
for the need for health care services and the differences in local availability
of health care resources, along with other resources, within and among the
several areas of the state. Contracts with participating managed health care
systems shall ensure that basic health plan enrollees who become eligible for
medical assistance may, at their option, continue to receive services from
their existing providers within the managed health care system if such
providers have entered into provider agreements with the department of social
and health services.
(8)
To receive periodic premiums from or on behalf of subsidized and nonsubsidized
enrollees, deposit them in the basic health plan operating account, keep
records of enrollee status, and authorize periodic payments to managed health
care systems on the basis of the number of enrollees participating in the
respective managed health care systems.
(9)
To accept applications from individuals residing in areas served by the plan,
on behalf of themselves and their spouses and dependent children, for
enrollment in the Washington basic health plan as subsidized or nonsubsidized
enrollees, to establish appropriate minimum-enrollment periods for enrollees as
may be necessary, and to determine, upon application and on a reasonable
schedule defined by the authority, or at the request of any enrollee,
eligibility due to current gross family income for sliding scale premiums. No
subsidy may be paid with respect to any enrollee whose current gross family
income exceeds twice the federal poverty level or, subject to RCW 70.47.110,
who is a recipient of medical assistance or medical care services under chapter
74.09 RCW. If, as a result of an eligibility review, the administrator
determines that a subsidized enrollee's income exceeds twice the federal
poverty level and that the enrollee knowingly failed to inform the plan of such
increase in income, the administrator may bill the enrollee for the subsidy
paid on the enrollee's behalf during the period of time that the enrollee's
income exceeded twice the federal poverty level. If a number of enrollees drop
their enrollment for no apparent good cause, the administrator may establish
appropriate rules or requirements that are applicable to such individuals
before they will be allowed to reenroll in the plan.
(10)
To accept applications from business owners on behalf of themselves and their
employees, spouses, and dependent children, as subsidized or nonsubsidized
enrollees, who reside in an area served by the plan. The administrator may
require all or the substantial majority of the eligible employees of such
businesses to enroll in the plan and establish those procedures necessary to
facilitate the orderly enrollment of groups in the plan and into a managed
health care system. The administrator may require that a business owner pay at
least an amount equal to what the employee pays after the state pays its
portion of the subsidized premium cost of the plan on behalf of each employee
enrolled in the plan. Enrollment is limited to those not eligible for medicare
who wish to enroll in the plan and choose to obtain the basic health care
coverage and services from a managed care system participating in the plan.
The administrator shall adjust the amount determined to be due on behalf of or
from all such enrollees whenever the amount negotiated by the administrator
with the participating managed health care system or systems is modified or the
administrative cost of providing the plan to such enrollees changes.
(11)
To determine the rate to be paid to each participating managed health care
system in return for the provision of covered basic health care services to
enrollees in the system. Although the schedule of covered basic health care
services will be the same for similar enrollees, the rates negotiated with participating
managed health care systems may vary among the systems. In negotiating rates
with participating systems, the administrator shall consider the
characteristics of the populations served by the respective systems, economic
circumstances of the local area, the need to conserve the resources of the
basic health plan trust account, and other factors the administrator finds
relevant.
(12)
To monitor the provision of covered services to enrollees by participating
managed health care systems in order to assure enrollee access to good quality
basic health care, to require periodic data reports concerning the utilization
of health care services rendered to enrollees in order to provide adequate
information for evaluation, and to inspect the books and records of
participating managed health care systems to assure compliance with the
purposes of this chapter. In requiring reports from participating managed
health care systems, including data on services rendered enrollees, the
administrator shall endeavor to minimize costs, both to the managed health care
systems and to the plan. The administrator shall coordinate any such reporting
requirements with other state agencies, such as the insurance commissioner and
the department of health, to minimize duplication of effort.
(13)
To evaluate the effects this chapter has on private employer-based health care
coverage and to take appropriate measures consistent with state and federal
statutes that will discourage the reduction of such coverage in the state.
(14)
To develop a program of proven preventive health measures and to integrate it
into the plan wherever possible and consistent with this chapter.
(15)
To provide, consistent with available funding, assistance for rural residents,
underserved populations, and persons of color.
EXPLANATORY
NOTE
RCW
70.47.060 was amended twice by the 1995 legislature. Chapter 2 s 4 changed the
date by which the uniform benefits package must be implemented as the schedule
of covered basic health care services and chapter 266 s 1 eliminated the
requirement that the uniform benefits package must be implemented as the
schedule of covered basic health care services and made other revisions. The
purpose of this bill is to reenact the section eliminating the requirement. In
addition, this bill adds the words "covered basic health care
services," which were inadvertently left out of an amendment.
Sec.
7. RCW
74.15.020 and 1995 c 311 s 18 and 1995 c 302 s 3 are each reenacted to read as
follows:
For
the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise
clearly indicated by the context thereof, the following terms shall mean:
(1)
"Department" means the state department of social and health
services;
(2)
"Secretary" means the secretary of social and health services;
(3)
"Agency" means any person, firm, partnership, association, corporation,
or facility which receives children, expectant mothers, or persons with
developmental disabilities for control, care, or maintenance outside their own
homes, or which places, arranges the placement of, or assists in the placement
of children, expectant mothers, or persons with developmental disabilities for
foster care or placement of children for adoption, and shall include the
following irrespective of whether there is compensation to the agency or to the
children, expectant mothers or persons with developmental disabilities for
services rendered:
(a)
"Group-care facility" means an agency, other than a foster-family
home, which is maintained and operated for the care of a group of children on a
twenty-four hour basis;
(b)
"Child-placing agency" means an agency which places a child or
children for temporary care, continued care, or for adoption;
(c)
"Maternity service" means an agency which provides or arranges for
care or services to expectant mothers, before or during confinement, or which provides
care as needed to mothers and their infants after confinement;
(d)
"Child day-care center" means an agency which regularly provides care
for a group of children for periods of less than twenty-four hours;
(e)
"Family day-care provider" means a child day-care provider who
regularly provides child day care for not more than twelve children in the
provider's home in the family living quarters;
(f)
"Foster-family home" means an agency which regularly provides care on
a twenty-four hour basis to one or more children, expectant mothers, or persons
with developmental disabilities in the family abode of the person or persons
under whose direct care and supervision the child, expectant mother, or person
with a developmental disability is placed;
(g)
"Crisis residential center" means an agency which is a temporary
protective residential facility operated to perform the duties specified in
chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.
(4)
"Agency" shall not include the following:
(a)
Persons related to the child, expectant mother, or person with developmental
disability in the following ways:
(i)
Any blood relative, including those of half-blood, and including first cousins,
nephews or nieces, and persons of preceding generations as denoted by prefixes
of grand, great, or great-great;
(ii)
Stepfather, stepmother, stepbrother, and stepsister;
(iii)
A person who legally adopts a child or the child's parent as well as the
natural and other legally adopted children of such persons, and other relatives
of the adoptive parents in accordance with state law;
(iv)
Spouses of any persons named in (i), (ii), or (iii) of this subsection (4)(a),
even after the marriage is terminated; or
(v)
Extended family members, as defined by the law or custom of the Indian child's
tribe or, in the absence of such law or custom, a person who has reached the
age of eighteen and who is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew, first or
second cousin, or stepparent who provides care in the family abode on a
twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b)
Persons who are legal guardians of the child, expectant mother, or persons with
developmental disabilities;
(c)
Persons who care for a neighbor's or friend's child or children, with or
without compensation, where: (i) The person providing care for periods of less
than twenty-four hours does not conduct such activity on an ongoing, regularly
scheduled basis for the purpose of engaging in business, which includes, but is
not limited to, advertising such care; or (ii) the parent and person providing
care on a twenty-four-hour basis have agreed to the placement in writing and
the state is not providing any payment for the care;
(d)
Parents on a mutually cooperative basis exchange care of one another's
children;
(e)
A person, partnership, corporation, or other entity that provides placement or
similar services to exchange students or international student exchange
visitors or persons who have the care of an exchange student in their home;
(f)
Nursery schools or kindergartens which are engaged primarily in educational
work with preschool children and in which no child is enrolled on a regular
basis for more than four hours per day;
(g)
Schools, including boarding schools, which are engaged primarily in education,
operate on a definite school year schedule, follow a stated academic
curriculum, accept only school-age children and do not accept custody of
children;
(h)
Seasonal camps of three months' or less duration engaged primarily in
recreational or educational activities;
(i)
Hospitals licensed pursuant to chapter 70.41 RCW when performing functions
defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW
and boarding homes licensed under chapter 18.20 RCW;
(j)
Licensed physicians or lawyers;
(k)
Facilities providing care to children for periods of less than twenty-four
hours whose parents remain on the premises to participate in activities other
than employment;
(l)
Facilities approved and certified under chapter 71A.22 RCW;
(m)
Any agency having been in operation in this state ten years prior to June 8,
1967, and not seeking or accepting moneys or assistance from any state or
federal agency, and is supported in part by an endowment or trust fund;
(n)
Persons who have a child in their home for purposes of adoption, if the child
was placed in such home by a licensed child-placing agency, an authorized
public or tribal agency or court or if a replacement report has been filed
under chapter 26.33 RCW and the placement has been approved by the court;
(o)
An agency operated by any unit of local, state, or federal government or an
agency, located within the boundaries of a federally recognized Indian
reservation, licensed by the Indian tribe;
(p)
An agency located on a federal military reservation, except where the military
authorities request that such agency be subject to the licensing requirements
of this chapter.
(5)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(6)
"Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but is out
of compliance with licensing standards.
EXPLANATORY
NOTE
RCW
74.15.020 was amended twice by the 1995 legislature. Chapter 302 s 3 revised
the definition of related persons who are not included in the definition of
agency and made other revisions and chapter 311 s 18 made similar revisions to
the definition of related persons who are not included in the definition of
agency. The purpose of this bill is to give effect to both amendments by
reenacting the section including both amendments.
NEW
SECTION. Sec. 8. RCW
56.08.070 and 1996 c 18 s 13 & 1994 c 31 s 1 are each
repealed.
EXPLANATORY
NOTE
RCW
56.08.070 was amended and repealed by the 1996 legislature. Chapter 18 s 13
added a provision to sewer district bidding procedures prohibiting a low bidder
who claims error from bidding again on the same project and chapter 230
repealed Title 56 relating to sewer districts and created water-sewer
districts. The same amendment was made to Title 57 by chapter 18 and will
apply to water-sewer districts. The purpose of this bill is to give effect to
the repeal of RCW 56.08.070.
