H-1969.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1251

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By House Committee on State Government (originally sponsored by Representatives Miloscia, Ericksen, O'Brien, Cooper, D. Schmidt, Bush, Esser, Kessler, Poulsen, McIntire, Lambert, H. Sommers, Wood, Conway, Rockefeller, Fortunato and Lantz; by request of Governor Locke)

Read first time 02/19/1999.  Referred to Committee on .

Eliminating and consolidating boards, commissions, and programs.

    AN ACT Relating to the elimination and consolidation of boards, commissions, and programs; amending RCW 18.28.010, 18.28.080, 18.28.090, 18.28.100, 18.28.110, 18.28.120, 18.28.130, 18.28.140, 18.28.150, 18.28.165, 18.28.190, 18.135.030, 18.138.070, 43.43.705, 43.43.785, 43.43.800, 43.63A.245, 43.220.040, 43.220.190, 43.220.210, 43.220.240, 75.30.050, 75.30.130, 79.72.020, 79.72.030, 79.72.040, and 79.72.050; adding a new section to chapter 43.70 RCW; creating new sections; repealing RCW 18.28.020, 18.28.030, 18.28.040, 18.28.045, 18.28.050, 18.28.060, 18.28.070, 18.28.160, 18.28.170, 18.28.230, 18.28.240, 18.138.120, 18.175.010, 18.175.020, 18.175.025, 18.175.027, 18.175.030, 18.175.040, 18.175.050, 18.175.060, 18.175.070, 18.175.080, 28C.20.010, 28C.20.020, 28C.20.030, 41.52.010, 41.52.020, 41.52.030, 41.52.040, 41.52.050, 41.52.060, 41.52.070, 42.17.261, 43.31.855, 43.31.857, 43.38.010, 43.38.020, 43.38.030, 43.38.040, 43.43.790, 43.43.795, 43.63A.260, and 70.95H.020; repealing 1996 c 316 s 2 (uncodified); providing an effective date; and declaring an emergency.

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

                              PART 1

                   REGULATION OF DEBT ADJUSTERS

    Sec. 101.  RCW 18.28.010 and 1979 c 156 s 1 are each amended to read as follows:

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

    (1) "Debt adjusting" means the managing, counseling, settling, adjusting, prorating, or liquidating of the indebtedness of a debtor, or receiving funds for the purpose of distributing said funds among creditors in payment or partial payment of obligations of a debtor.

    (2) "Debt adjuster", which includes any person known as a debt pooler, debt manager, debt consolidator, debt prorater, or credit counselor, is any person engaging in or holding himself or herself out as engaging in the business of debt adjusting for compensation.  The term shall not include:

    (a) Attorneys at law, escrow agents, accountants, broker-dealers in securities, or investment advisors in securities, while performing services solely incidental to the practice of their professions;

    (b) Any person, partnership, association, or corporation doing business under and as permitted by any law of this state or of the United States relating to banks, ((small loan companies, industrial)) consumer finance businesses, consumer loan companies, trust companies, mutual savings banks, savings and loan associations, building and loan associations, credit unions, crop credit associations, development credit corporations, industrial development corporations, title insurance companies, or insurance companies;

    (c) Persons who, as employees on a regular salary or wage of an employer not engaged in the business of debt adjusting, perform credit services for their employer;

    (d) Public officers while acting in their official capacities and persons acting under court order;

    (e) Any person while performing services incidental to the dissolution, winding up or liquidation of a partnership, corporation, or other business enterprise;

    (f) Nonprofit organizations dealing exclusively with debts owing from commercial enterprises to business creditors;

    (g) Nonprofit organizations engaged in debt adjusting and which do not assess against the debtor a service charge in excess of fifteen dollars per month.

    (3) "Debt adjusting agency" is any partnership, corporation, or association engaging in or holding itself out as engaging in the business of debt adjusting.

    (((4) "License" means a debt adjuster license or debt adjusting agency license issued under the provisions of this chapter.

    (5) "Licensee" means a debt adjuster or debt adjusting agency to whom a license has been issued under the provisions of this chapter.

    (6) "Director" means the director of the department of licensing.))

    Sec. 102.  RCW 18.28.080 and 1979 c 156 s 4 are each amended to read as follows:

    (1) By contract a ((licensee)) debt adjuster may charge a reasonable fee for debt adjusting services.  The total fee for debt adjusting services may not exceed fifteen percent of the total debt listed by the debtor on the contract.  The fee retained by the ((licensee)) debt adjuster from any one payment made by or on behalf of the debtor may not exceed fifteen percent of the payment((:  PROVIDED, That the licensee)).  The debt adjuster may make an initial charge of up to twenty-five dollars which shall be considered part of the total fee.  If an initial charge is made, no additional fee may be retained which will bring the total fee retained to date to more than fifteen percent of the total payments made to date.  No fee whatsoever shall be applied against rent and utility payments for housing.

    In the event of cancellation or default on performance of the contract by the debtor prior to its successful completion, the ((licensee)) debt adjuster may collect in addition to fees previously received, six percent of that portion of the remaining indebtedness listed on said contract which was due when the contract was entered into, but not to exceed twenty-five dollars.

    (2) A ((licensee)) debt adjuster shall not be entitled to retain any fee until notifying all creditors listed by the debtor that the debtor has engaged the ((licensee)) debt adjuster in a program of debt adjusting.

    Sec. 103.  RCW 18.28.090 and 1967 c 201 s 9 are each amended to read as follows:

    If a ((licensee)) debt adjuster contracts for, receives or makes any charge in excess of the maximums permitted by this chapter, except as the result of an accidental and bona fide error, the ((licensee's)) debt adjuster's contract with the debtor shall be void and the ((licensee)) debt adjuster shall return to the debtor the amount of all payments received from the debtor or on ((his)) the debtor's behalf and not distributed to creditors.

    Sec. 104.  RCW 18.28.100 and 1979 c 156 s 5 are each amended to read as follows:

    Every contract between a ((licensee)) debt adjuster and a debtor shall:

    (1) List every debt to be handled with the creditor's name and disclose the approximate total of all known debts;

    (2) Provide in precise terms payments reasonably within the ability of the debtor to pay;

    (3) Disclose in precise terms the rate and amount of all of the ((licensee's)) debt adjuster's charges and fees;

    (4) Disclose the approximate number and amount of installments required to pay the debts in full;

    (5) Disclose the name and address of the ((licensee)) debt adjuster and of the debtor;

    (6) Provide that the ((licensee)) debt adjuster shall notify the debtor, in writing, within five days of notification to the ((licensee)) debt adjuster by a creditor that the creditor refuses to accept payment pursuant to the contract between the ((licensee)) debt adjuster and the debtor;

    (7) Contain the following notice in ten point boldface type or larger directly above the space reserved in the contract for the signature of the buyer:  NOTICE TO DEBTOR:

    (a) Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank.

    (b) You are entitled to a copy of this contract at the time you sign it.

    (c) You may cancel this contract within three days of signing by sending notice of cancellation by certified mail return receipt requested to the debt adjuster at his or her address shown on the contract, which notice shall be posted not later than midnight of the third day (excluding Sundays and holidays) following your signing of the contract; and

    (8) Contain such other and further provisions or disclosures as ((the director shall determine)) are necessary for the protection of the debtor and the proper conduct of business by the ((licensee)) debt adjuster.

    Sec. 105.  RCW 18.28.110 and 1979 c 156 s 6 are each amended to read as follows:

    Every ((licensee)) debt adjuster shall perform the following functions:

    (1) Make a permanent record of all payments by debtors, or on the debtors' behalf, and of all disbursements to creditors of such debtors, and shall keep and maintain in this state all such records, and all payments not distributed to creditors.  No person shall intentionally make any false entry in any such record, or intentionally mutilate, destroy or otherwise dispose of any such record.  Such records shall at all times be open for inspection by the ((director or his)) attorney general or the attorney general's authorized agent, and shall be preserved as original records or by microfilm or other methods of duplication ((acceptable to the director,)) for at least six years after making the final entry therein.

    (2) Deliver a completed copy of the contract between the ((licensee)) debt adjuster and a debtor to the debtor immediately after the debtor executes the contract, and sign the debtor's copy of such contract.

    (3) Unless paid by check or money order, deliver a receipt to a debtor for each payment within five days after receipt of such payment.

    (4) Distribute to the creditors of the debtor at least once each forty days after receipt of payment during the term of the contract at least eighty-five percent of each payment received from the debtor.

    (5) At least once every month render an accounting to the debtor which shall indicate the total amount received from or on behalf of the debtor, the total amount paid to each creditor, the total amount which any creditor has agreed to accept as payment in full on any debt owed ((him)) the creditor by the debtor, the amount of charges deducted, and any amount held in trust.  The ((licensee)) debt adjuster shall in addition render such an account to a debtor within ten days after written demand.

    (6) Notify the debtor, in writing, within five days of notification to the ((licensee)) debt adjuster by a creditor that the creditor refuses to accept payment pursuant to the contract between the ((licensee)) debt adjuster and the debtor.

    (((7) Furnish the director with all contracts, assignments, and forms as described in RCW 18.28.030 which are currently in use.))

    Sec. 106.  RCW 18.28.120 and 1967 c 201 s 12 are each amended to read as follows:

    A ((licensee)) debt adjuster shall not:

    (1) Take any contract, or other instrument which has any blank spaces when signed by the debtor;

    (2) Receive or charge any fee in the form of a promissory note or other promise to pay or receive or accept any mortgage or other security for any fee, whether as to real or personal property;

    (3) Lend money or credit;

    (4) Take any confession of judgment or power of attorney to confess judgment against the debtor or appear as the debtor in any judicial proceedings;

    (5) Take, concurrent with the signing of the contract or as a part of the contract or as part of the application for the contract, a release of any obligation to be performed on the part of the ((licensee)) debt adjuster;

    (6) Advertise ((his)) services, display, distribute, broadcast or televise, or permit ((his)) services to be displayed, advertised, distributed, broadcasted or televised in any manner whatsoever wherein any false, misleading or deceptive statement or representation with regard to the services to be performed by the ((licensee)) debt adjuster, or the charges to be made therefor, is made;

    (7) Offer, pay, or give any cash, fee, gift, bonus, premiums, reward, or other compensation to any person for referring any prospective customer to the ((licensee)) debt adjuster;

    (8) Receive any cash, fee, gift, bonus, premium, reward, or other compensation from any person other than the debtor or a person in the debtor's behalf in connection with his or her activities as a ((licensee)) debt adjuster; or

    (9) Disclose to anyone((, other than the director or his agent,)) the debtors who have contracted with the ((licensee)) debt adjuster; nor shall the ((licensee)) debt adjuster disclose the creditors of a debtor to anyone other than:  (a) The debtor((,)); or (b) ((the director or his agent, or (c))) another creditor of the debtor and then only to the extent necessary to secure the cooperation of such a creditor in a debt adjusting plan.

    Sec. 107.  RCW 18.28.130 and 1967 c 201 s 13 are each amended to read as follows:

    Without limiting the generality of the foregoing and other applicable laws, the ((licensee)) debt adjuster, manager or an employee of ((a licensee)) the debt adjuster shall not:

    (1) Prepare, advise, or sign a release of attachment or garnishment, stipulation, affidavit for exemption, compromise agreement or other legal or court document, nor furnish legal advice or perform legal services of any kind;

    (2) Represent that he or she is authorized or competent to furnish legal advice or perform legal services;

    (3) Assume authority on behalf of creditors or a debtor or accept a power of attorney authorizing it to employ or terminate the services of any attorney or to arrange the terms of or compensate for such services; or

    (4) Communicate with the debtor or creditor or any other person in the name of any attorney or upon the stationery of any attorney or prepare any form or instrument which only attorneys are authorized to prepare.

    Sec. 108.  RCW 18.28.140 and 1967 c 201 s 14 are each amended to read as follows:

    Nothing in this chapter shall be construed as prohibiting the assignment of wages by a debtor to a ((licensee)) debt adjuster, if such assignment is otherwise in accordance with the law of this state.

    Sec. 109.  RCW 18.28.150 and 1979 c 156 s 8 are each amended to read as follows:

    (1) Any payment received by a ((licensee)) debt adjuster from or on behalf of a debtor shall be held in trust by the ((licensee)) debt adjuster from the moment it is received.  The ((licensee)) debt adjuster shall not commingle such payment with ((his)) the debt adjuster's own property or funds, but shall maintain a separate trust account and deposit in such account all such payments received.  All disbursements whether to the debtor or to the creditors of the debtor, or to the ((licensee)) debt adjuster, shall be made from such account.

    (2) In the event that the debtor cancels or defaults on the contract between the debtor and the ((licensee)) debt adjuster, the ((licensee)) debt adjuster shall close out the debtor's trust account in the following manner:

    (a) The ((licensee)) debt adjuster may take from the account that amount necessary to satisfy any fees, other than any cancellation or default fee, authorized by this chapter.

    (b) After deducting the fees provided in subsection (2)(a) of this section, the ((licensee)) debt adjuster shall distribute the remaining amount in the account to the creditors of the debtor.  The distribution shall be made within five days of the demand therefor by the debtor, but if the debtor fails to make the demand, then the ((licensee)) debt adjuster shall make the distribution within thirty days of the date of cancellation or default.

    Sec. 110.  RCW 18.28.165 and 1979 c 156 s 7 are each amended to read as follows:

    For the purpose of discovering violations of this chapter or securing information lawfully required ((by him hereunder, the director)) under this chapter, the office of the attorney general may at any time((, either personally or by a person or persons duly designated by him,)):  Investigate the debt adjusting business and examine the books, accounts, records, and files used ((therein, of every licensee.  For that purpose the director and his duly designated representatives shall)); have free access to the offices and places of business, books, accounts, papers, records, files, safes, and vaults of ((all licensees.  The director and all persons duly designated by him may)) debt adjusters; and require the attendance of and examine under oath all persons whomsoever whose testimony ((he may require)) might be required relative to such debt adjusting business or to the subject matter of any examination, investigation, or hearing.

    Sec. 111.  RCW 18.28.190 and 1967 c 201 s 19 are each amended to read as follows:

    Any person who violates any provision of this chapter or aids or abets such violation, or any rule lawfully ((promulgated hereunder)) adopted under this chapter or any order ((or decision of the director hereunder, or any person who operates as a debt adjuster without a license, shall be)) made under this chapter, is guilty of a misdemeanor.

NEW SECTION. Sec. 112.  The following acts or parts of acts are each repealed:

(1) RCW 18.28.020 (License required) and 1967 c 201 s 2;

(2) RCW 18.28.030 (Application for license, form, contents--Investigation fees--Licensing fees--Bond--Qualifications--Forms to be furnished) and 1985 c 7 s 18, 1975 1st ex.s. c 30 s 23, 1971 ex.s. c 266 s 6, & 1967 c 201 s 3;

(3) RCW 18.28.040 (Bond requirements--Security in lieu of bond) and 1967 c 201 s 4;

(4) RCW 18.28.045 (Additional bond--When required) and 1979 c 156 s 2;

(5) RCW 18.28.050 (Action on bond or security) and 1967 c 201 s 5;

(6) RCW 18.28.060 (Applicants for licenses--Requirements) and 1979 c 156 s 3, 1971 ex.s. c 292 s 20, 1967 ex.s. c 141 s 1, & 1967 c 201 s 6;

(7) RCW 18.28.070 (Licenses--Form--Contents--Display--Transferability) and 1967 c 201 s 7;

(8) RCW 18.28.160 (Revocation of licenses--Grounds) and 1967 c 201 s 16;

(9) RCW 18.28.170 (Rules, orders, decisions, etc.) and 1979 c 156 s 9 & 1967 c 201 s 17;

(10) RCW 18.28.230 (License suspension--Nonpayment or default on educational loan or scholarship) and 1996 c 293 s 8; and

(11) RCW 18.28.240 (License suspension--Noncompliance with support order--Reissuance) and 1997 c 58 s 818.

                              PART 2

             HEALTH CARE ASSISTANTS ADVISORY COMMITTEE

    Sec. 201.  RCW 18.135.030 and 1994 sp.s. c 9 s 515 are each amended to read as follows:

(1) The secretary or the secretary's designee((, with the advice of designees of the medical care quality assurance commission, the board of osteopathic medicine and surgery, the podiatric medical board, and the nursing care quality assurance commission,)) may appoint members of the health care assistant profession and other health care practitioners, as defined in RCW 18.135.020(3), to serve in an ad hoc capacity to assist in carrying out the provisions of this chapter.  The members shall provide advice on matters specifically identified and requested by the secretary.  The members shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(2) In addition to any other authority provided by law, the secretary shall adopt rules necessary to:

(a) Administer, implement, and enforce this chapter ((and));

(b) Establish the minimum requirements necessary for a health care facility or health care practitioner to certify a health care assistant capable of performing the functions authorized in this chapter((.  The rules shall)); and

(c) Establish minimum requirements for each and every category of health care assistant.

    ((Said)) (3) The rules shall be adopted after fair consideration of input from representatives of each category.  These requirements shall ensure that the public health and welfare are protected and shall include, but not be limited to, the following factors:

    (((1))) (a) The education and occupational qualifications for the health care assistant category;

    (((2))) (b) The work experience for the health care assistant category;

    (((3))) (c) The instruction and training provided for the health care assistant category; and

    (((4))) (d) The types of drugs or diagnostic agents which may be administered by injection by health care assistants working in a hospital or nursing home.  The rules established ((pursuant to)) under this subsection shall not prohibit health care assistants working in a health care facility other than a nursing home or hospital from performing the functions authorized under this chapter.

                              PART 3

          DIETICIANS AND NUTRITIONISTS ADVISORY COMMITTEE

    Sec. 301.  RCW 18.138.070 and 1994 sp.s. c 9 s 516 are each amended to read as follows:

    In addition to any other authority provided by law, the secretary may:

    (1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;

    (2) Establish forms necessary to administer this chapter;

    (3) Issue a certificate to an applicant who has met the requirements for certification and deny a certificate to an applicant who does not meet the minimum qualifications;

    (4) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those certified under this chapter, to serve as consultants as necessary to implement and administer this chapter;

    (5) Maintain the official departmental record of all applicants and certificate holders;

    (6) Conduct a hearing, pursuant to chapter 34.05 RCW, on an appeal of a denial of certification based on the applicant's failure to meet the minimum qualifications for certification;

    (7) Investigate alleged violations of this chapter and consumer complaints involving the practice of persons representing themselves as certified dietitians or certified nutritionists;

    (8) Issue subpoenas, statements of charges, statements of intent to deny certifications, and orders and delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements on intent to deny certifications;

    (9) Conduct disciplinary proceedings, impose sanctions, and assess fines for violations of this chapter or any rules adopted under it in accordance with chapter 34.05 RCW;

    (10) Set all certification, renewal, and late renewal fees in accordance with RCW 43.70.250; and

    (11) Set certification expiration dates and renewal periods for all certifications under this chapter((; and

    (12) Appoint members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter.  The members will serve for designated time[s] and provide advice on matters specifically identified and requested by the secretary.  The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.  The secretary, ad hoc committee members, or individuals acting in their behalf are immune from suit in a civil action based on any certification or disciplinary proceedings or other official acts performed in the course of their duties)).

                              PART 4

               HEALTH PROFESSIONS ADVISORY COMMITTEE

NEW SECTION. Sec. 401.  RCW 18.138.120 (Health professions advisory committee--Membership--Duties--Expenses) and 1994 sp.s. c 9 s 517 are each repealed.

NEW SECTION. Sec. 402.  A new section is added to chapter 43.70 RCW to read as follows:

    The secretary shall create and maintain a list of contacts with each of the health care professions regulated under the following chapters for the purpose of policy advice and information dissemination:  RCW 18.06.080, 18.89.050, and 18.138.070 and chapters 18.135, 18.55, and 18.88A RCW.

                              PART 5

                   REGULATION OF ATHLETE AGENTS

NEW SECTION. Sec. 501.  The following acts or parts of acts are each repealed:

(1) RCW 18.175.010 (Findings) and 1991 c 236 s 1;

(2) RCW 18.175.020 (Athlete agents and athlete agent firms--Certificate of registration required--Violations) and 1991 c 236 s 2;

(3) RCW 18.175.025 (Certificate of registration suspension--Nonpayment or default on educational loan or scholarship) and 1996 c 293 s 24;

(4) RCW 18.175.027 (Certificate of registration suspension--Noncompliance with support order--Reissuance) and 1997 c 58 s 839;

(5) RCW 18.175.030 (Definitions) and 1991 c 236 s 3;

(6) RCW 18.175.040 (Exemptions) and 1991 c 236 s 4;

(7) RCW 18.175.050 (Authority of director) and 1991 c 236 s 5;

(8) RCW 18.175.060 (Disclosure statements) and 1991 c 236 s 6;

(9) RCW 18.175.070 (Penalties) and 1991 c 236 s 7; and

(10) RCW 18.175.080 (Application of consumer protection act) and 1991 c 236 s 8.

                              PART 6

         WASHINGTON STATE COUNCIL ON VOCATIONAL EDUCATION

NEW SECTION. Sec. 601.  The following acts or parts of acts are each repealed:

(1) RCW 28C.20.010 (Council created--Work force training and education coordinating board to monitor) and 1991 c 238 s 16;

(2) RCW 28C.20.020 (Membership of council) and 1991 c 238 s 17; and

(3) RCW 28C.20.030 (Functions consistent with state comprehensive plan for work force training and education) and 1991 c 238 s 18.

                              PART 7

                     PUBLIC PENSION COMMISSION

NEW SECTION. Sec. 701.  The following acts or parts of acts are each repealed:

(1) RCW 41.52.010 (Created--Composition--Qualifications and appointment of members) and 1980 c 87 s 16, 1969 c 10 s 2, & 1963 ex.s. c 17 s 1;

(2) RCW 41.52.020 (Terms--Vacancies) and 1963 ex.s. c 17 s 2;

(3) RCW 41.52.030 (Expenses--Officers--Personnel--Quorum) and 1967 c 128 s 1 & 1963 ex.s. c 17 s 3;

(4) RCW 41.52.040 (Powers and duties) and 1998 c 245 s 43, 1967 c 128 s 2, & 1963 ex.s. c 17 s 4;

(5) RCW 41.52.050 (Right of access to files and records of public pension systems--Minutes, reports, etc., to be forwarded to commission) and 1967 c 128 s 3;

(6) RCW 41.52.060 (Examination of records--Subpoena of witnesses, fees) and 1967 c 128 s 4; and

(7) RCW 41.52.070 (Appointment of investment counsel--Qualifications--Duties) and 1998 c 245 s 44 & 1967 c 160 s 1.

                              PART 8

            PUBLIC INFORMATION ACCESS POLICY TASK FORCE

NEW SECTION. Sec. 801.  RCW 42.17.261 (Public information access policy task force) and 1994 c 40 s 4 are each repealed.

                              PART 9

                     RURAL DEVELOPMENT COUNCIL

NEW SECTION. Sec. 901.  The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2000:

(1) RCW 43.31.855 (Rural development council) and 1997 c 377 s 1; and

(2) RCW 43.31.857 (Rural development council--Financial contributions encouraged) and 1997 c 377 s 2.

NEW SECTION. Sec. 902.  The rural development council is encouraged to explore the establishment of a private nonprofit corporation to perform its duties.

                              PART 10

                       TAX ADVISORY COUNCIL

NEW SECTION. Sec. 1001.  The following acts or parts of acts are each repealed:

(1) RCW 43.38.010 (Tax advisory council created--Appointment, travel expenses) and 1983 c 2 s 11;

(2) RCW 43.38.020 (Powers and duties) and 1982 1st ex.s. c 41 s 2 & 1965 c 8 s 43.38.020;

(3) RCW 43.38.030 (Examination of records) and 1965 c 8 s 43.38.030; and

(4) RCW 43.38.040 (Officers--Meetings--Executive secretary) and 1975 1st ex.s. c 278 s 24 & 1965 c 8 s 43.38.040.

                              PART 11

           ADVISORY COUNCIL ON CRIMINAL JUSTICE SERVICES

    Sec. 1101.  RCW 43.43.705 and 1989 c 334 s 7 are each amended to read as follows:

    Upon the receipt of identification data from criminal justice agencies within this state, the section shall immediately cause the files to be examined and upon request shall promptly return to the contributor of such data a transcript of the record of previous arrests and dispositions of the persons described in the data submitted.

    Upon application, the section shall furnish to criminal justice agencies, or to the department of social and health services, hereinafter referred to as the "department", a transcript of the criminal offender record information, dependency record information, or protection proceeding record information available pertaining to any person of whom the section has a record.

    For the purposes of RCW 43.43.700 through ((43.43.800)) 43.43.785 the following words and phrases shall have the following meanings:

    "Criminal offender record information" includes, and shall be restricted to identifying data and public record information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto.  "Criminal offender record information" shall not include intelligence, analytical, or investigative reports and files.

    "Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.

    "Dependency record information" includes and shall be restricted to identifying data regarding a person, over the age of eighteen, who was a party to a dependency proceeding brought under chapter 13.34 RCW and who has been found, pursuant to such dependency proceeding, to have sexually abused or exploited or physically abused a child.

    "Protection proceeding record information" includes and shall be restricted to identifying data regarding a person, over eighteen, who was a respondent to a protection proceeding brought under chapter 74.34 RCW and who has been found pursuant to such a proceeding to have abused or financially exploited a vulnerable adult.

    The section may refuse to furnish any information pertaining to the identification or history of any person or persons of whom it has a record, or other information in its files and records, to any applicant if the chief determines that the applicant has previously misused information furnished to such applicant by the section or the chief believes that the applicant will not use the information requested solely for the purpose of due administration of the criminal laws or for the purposes enumerated in RCW 43.43.760(3).  The applicant may appeal such determination ((and denial of information to the advisory council created in RCW 43.43.785 and the council may direct that the section furnish such information to the applicant)) by notifying the chief in writing within thirty days.  The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW and in accordance with procedures for adjudicative proceedings under chapter 34.05 RCW.

    Sec. 1102.  RCW 43.43.785 and 1972 ex.s. c 152 s 18 are each amended to read as follows:

    The legislature finds that there is a need for the Washington state patrol to establish a program which will consolidate existing programs of criminal justice services within its jurisdiction so that such services may be more effectively utilized by the criminal justice agencies of this state.  The chief((, with the advice of the state advisory council on criminal justice services created in RCW 43.43.790,)) shall establish such a program which shall include but not be limited to the identification section, all auxiliary systems including the Washington crime information center and the teletypewriter communications network, the drug control assistance unit, and any other services the chief deems necessary which are not directly related to traffic control.

    Sec. 1103.  RCW 43.43.800 and 1972 ex.s. c 152 s 21 are each amended to read as follows:

    The ((advisory council)) executive committee created in RCW 10.98.160 shall review the provisions of RCW 43.43.700 through 43.43.785 and the administration thereof and shall consult with and advise the chief of the state patrol on matters pertaining to the policies of criminal justice services program.

    ((The council shall appoint technical advisory committees comprised of members of criminal justice agencies having demonstrated technical expertise in the various fields of specialty within the program.))

NEW SECTION. Sec. 1104.  The following acts or parts of acts are each repealed:

(1) RCW 43.43.790 (Criminal justice services--Advisory council--Created--Membership--Terms--Vacancies) and 1972 ex.s. c 152 s 19; and

(2) RCW 43.43.795 (Criminal justice services--Advisory council--Meetings) and 1972 ex.s. c 152 s 20.

                              PART 12

          SENIOR ENVIRONMENTAL CORPS COORDINATING COUNCIL

    Sec. 1201.  RCW 43.63A.245 and 1993 c 280 s 64 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.63A.240 through 43.63A.270.

    "Agency" means one of the agencies or organizations participating in the activities of the senior environmental corps.

    "Coordinator" means the person designated by the director of community, trade, and economic development ((with the advice of the council)) to administer the activities of the senior environmental corps.

    "Corps" means the senior environmental corps.

    (("Council" means the senior environmental corps coordinating council.))

    "Department" means the department of community, trade, and economic development.

    "Director" means the director of community, trade, and economic development or the director's authorized representative.

    "Representative" means the person who ((represents an agency on the council and)) is responsible for the activities of the senior environmental corps in his or her agency.

    "Senior" means any person who is fifty-five years of age or over.

    "Volunteer" means a person who is willing to work without expectation of salary or financial reward, and who chooses where he or she provides services and the type of services he or she provides.

NEW SECTION. Sec. 1202.  RCW 43.63A.260 (Senior environmental corps--Coordinating council--Duties) and 1994 c 264 s 26, 1993 c 280 s 66, & 1992 c 63 s 5 are each repealed.

                              PART 13

        WASHINGTON CONSERVATION CORPS COORDINATING COUNCIL

    Sec. 1301.  RCW 43.220.040 and 1987 c 367 s 2 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Public lands" means any lands or waters, or interests therein, owned or administered by any agency or instrumentality of the state, federal, or local government.

    (2) "Corps" means the Washington conservation corps.

    (3) "Corps member" means an individual enrolled in the Washington conservation corps.

    (4) "Corps member leaders" or "specialists" means members of the corps who serve in leadership or training capacities or who provide specialized services other than or in addition to the types of work and services that are performed by the corps members in general.

    (((5) "Council" means the Washington conservation corps coordinating council.))

    Sec. 1302.  RCW 43.220.190 and 1987 c 367 s 3 are each amended to read as follows:

    The agencies listed in RCW 43.220.020 shall ((convene a conservation corps coordinating council to meet as needed to)) establish consistent work standards and placement and evaluation procedures of corps programs.  ((The coordinating council shall be composed of administrative personnel of the agencies.  The coordinating council shall serve to)) They shall also reconcile problems that arise in the implementation of the corps programs and develop coordination procedures for emergency responses of corps members.

    Sec. 1303.  RCW 43.220.210 and 1987 c 367 s 4 are each amended to read as follows:

    The ((Washington conservation corps coordinating council)) agencies listed in RCW 43.220.020 shall select, review, approve, and evaluate the success of projects under this chapter.

    Up to fifteen percent of funds spent for recruitment, job training and placement services shall, wherever possible, be contracted through local educational institutions and/or nonprofit corporations.

    Such contracts may include, but not be limited to, general education development testing, preparation of resumes and job search skills.

    All contracts or agreements entered into by agencies listed in RCW 43.220.020 shall be ((reviewed by the council for compliance)) consistent with legislative intent as set forth in this section.

    Sec. 1304.  RCW 43.220.240 and 1985 c 230 s 4 are each amended to read as follows:

    Staff support to the department of employment security shall be provided by the ((Washington conservation corps coordinating council as established in RCW 43.220.190)) agencies listed in RCW 43.220.020.  The employment security department shall be the central administrative authority for data on projects, project requests, applicants and reports to the legislature.  The department shall be reimbursed by the Washington conservation corps agencies specified in RCW 43.220.020.  Reimbursement shall be for reasonable administrative costs associated with the department's role as the central administrative authority and for extraordinary placement costs incurred for the corps agencies.  The ((Washington conservation corps coordinating council is to)) agencies listed in RCW 43.220.020 shall develop the most cost-effective administrative system to provide training, payroll, and purchasing services to the conservation corps agencies and present the system to the department for approval.  The department shall select the administrative system which best meets the purposes of this chapter, and is cost-efficient.

                              PART 14

               CLEAN WASHINGTON CENTER POLICY BOARD

NEW SECTION. Sec. 1401.  RCW 70.95H.020 (Policy board) and 1995 c 399 s 193 & 1991 c 319 s 204 are each repealed.

                              PART 15

        PUGET SOUND TRAWL EMERGING FISHERIES ADVISORY BOARD

NEW SECTION. Sec. 1501.  By July 1, 1999, the director of the department of fish and wildlife shall abolish the Puget Sound trawl emerging fisheries advisory board.

                              PART 16

      PUGET SOUND CRAB FISHERY LICENSE ADVISORY REVIEW BOARD

         COMMERCIAL HERRING FISHERY ADVISORY REVIEW BOARD

        COMMERCIAL OCEAN PINK SHRIMP ADVISORY REVIEW BOARD

    Sec. 1601.  RCW 75.30.050 and 1995 c 269 s 3101 are each amended to read as follows:

    (1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060.  Members shall be from:

    (a) ((The commercial crab fishing industry in cases involving Dungeness crab-Puget Sound fishery licenses;

    (b) The commercial herring fishery in cases involving herring fishery licenses;

    (c))) The commercial sea urchin and sea cucumber fishery in cases involving sea urchin and sea cucumber dive fishery licenses;

    (((d) The commercial ocean pink shrimp industry (Pandalus jordani) in cases involving ocean pink shrimp delivery licenses; and

    (e))) (b) The commercial coastal crab fishery in cases involving Dungeness crab-coastal fishery licenses and Dungeness crab-coastal class B fishery licenses.  The members shall include one person from the commercial crab processors, one Dungeness crab-coastal fishery license holder, and one citizen representative of a coastal community.

    (2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050, 43.03.060, and 43.03.065.

    Sec. 1602.  RCW 75.30.130 and 1998 c 190 s 101 are each amended to read as follows:

    (1) A person shall not commercially take Dungeness crab (Cancer magister) in Puget Sound without first obtaining a Dungeness crab‑-Puget Sound fishery license.  As used in this section, "Puget Sound" has the meaning given in RCW 75.28.110(5)(a).  A Dungeness crab‑-Puget Sound fishery license is not required to take other species of crab, including red rock crab (Cancer productus).

    (2) Except as provided in subsections (3) and (6) of this section, after January 1, 1982, the director shall issue no new Dungeness crab‑-Puget Sound fishery licenses.  Only a person who meets the following qualification may renew an existing license:  The person shall have held the Dungeness crab‑-Puget Sound fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and shall not have subsequently transferred the license to another person.

    (3) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.

    (4) This section does not restrict the issuance of commercial crab licenses for areas other than Puget Sound or for species other than Dungeness crab.

    (5) Dungeness crab‑-Puget Sound fishery licenses are transferable from one license holder to another.

    (6) If fewer than one hundred twenty-five persons are eligible for Dungeness crab‑-Puget Sound fishery licenses, the director may accept applications for new licenses.  The director shall determine by random selection the successful applicants for the additional licenses.  The number of additional licenses issued shall be sufficient to maintain one hundred twenty-five licenses in the Puget Sound Dungeness crab fishery.  The director shall adopt rules governing the application, selection, and issuance procedures for new Dungeness crab‑-Puget Sound fishery licenses((, based upon recommendations of a board of review established under RCW 75.30.050)).

                              PART 17

         SCENIC RIVERS COMMITTEE OF PARTICIPATING AGENCIES

    Sec. 1701.  RCW 79.72.020 and 1994 c 264 s 64 are each amended to read as follows:

    The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Department" means the state parks and recreation commission.

    (2) (("Committee of participating agencies" or "committee" means a committee composed of the executive head, or the executive's designee, of each of the state departments of ecology, fish and wildlife, natural resources, and transportation, the state parks and recreation commission, the interagency committee for outdoor recreation, the Washington state association of counties, and the association of Washington cities.  In addition, the governor shall appoint two public members of the committee.  Public members of the committee shall be compensated in accordance with RCW 43.03.220 and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050 and 43.03.060.

    When a specific river or river segment of the state's scenic river system is being considered by the committee, a representative of each participating local government associated with that river or river segment shall serve as a member of the committee.

    (3))) "Participating local government" means the legislative authority of any city or county, a portion of whose territorial jurisdiction is bounded by or includes a river or river segment of the state's scenic river system.

    (((4))) (3) "River" means a flowing body of water or a section, segment, or portion thereof.

    (((5))) (4) "River area" means a river and the land area in its immediate environs as established by the participating agencies not exceeding a width of one-quarter mile landward from the streamway on either side of the river.

    (((6))) (5) "Scenic easement" means the negotiated right to control the use of land, including the air space above the land, for the purpose of protecting the scenic view throughout the visual corridor.

    (((7))) (6) "Streamway" means that stream-dependent corridor of single or multiple, wet or dry, channel or channels within which the usual seasonal or stormwater run-off peaks are contained, and within which environment the flora, fauna, soil, and topography is dependent on or influenced by the height and velocity of the fluctuating river currents.

    (((8))) (7) "System" means all the rivers and river areas in the state designated by the legislature for inclusion as scenic rivers but does not include tributaries of a designated river unless specifically included by the legislature.  The inclusion of a river in the system does not mean that other rivers or tributaries in a drainage basin shall be required to be part of the management program developed for the system unless the rivers and tributaries within the drainage basin are specifically designated for inclusion by the legislature.

    (((9))) (8) "Visual corridor" means that area which can be seen in a normal summer month by a person of normal vision walking either bank of a river included in the system.  The visual corridor shall not exceed the river area.

    Sec. 1702.  RCW 79.72.030 and 1977 ex.s. c 161 s 3 are each amended to read as follows:

    (1) The department shall develop and adopt management policies for publicly owned or leased land on the rivers designated by the legislature as being a part of the state's scenic river system and within the associated river areas.  The department may adopt regulations identifying river classifications which reflect the characteristics common to various segments of scenic rivers and may adopt management policies consistent with local government's shoreline management master plans appropriate for each such river classification.  All such policies shall be ((subject to review by the committee of participating agencies.  Once such a policy has been approved by a majority vote of the committee members, it shall be)) adopted by the department in accordance with the provisions of chapter 34.05 RCW, as now or hereafter amended.  Any variance with such a policy by any public agency shall be authorized only by the approval of the ((committee of participating agencies by majority vote,)) department and shall be made only to alleviate unusual hardships unique to a given segment of the system.

    (2) Any policies developed pursuant to subsection (1) of this section shall include management plans for protecting ecological, economic, recreational, aesthetic, botanical, scenic, geological, hydrological, fish and wildlife, historical, cultural, archaeological, and scientific features of the rivers designated as being in the system.  Such policies shall also include management plans to encourage any nonprofit group, organization, association, person, or corporation to develop and adopt programs for the purpose of increasing fish propagation.

    (3) The ((committee of participating agencies shall, by two-thirds majority vote,)) department shall identify on a river by river basis any publicly owned or leased lands which could be included in a river area of the system but which are developed in a manner unsuitable for land to be managed as part of the system.  The department shall exclude lands so identified from the provisions of any management policies implementing the provisions of this chapter.

    (4) The ((committee of participating agencies, by majority vote,)) department shall determine the boundaries which shall define the river area associated with any included river.  With respect to the rivers named in RCW 79.72.080, the ((committee)) department shall make such determination, and those determinations authorized by subsection (3) of this section, within one year of September 21, 1977.

    (5) Before making a decision regarding the river area to be included in the system, a variance in policy, or the excluding of land from the provisions of the management policies, the ((committee)) department shall hold hearings in accord with chapter 34.05 RCW, with at least one public hearing to be held in the general locale of the river under consideration.  The department shall cause to be published in a newspaper of general circulation in the area which includes the river or rivers to be considered, a description, including a map showing such river or rivers, of the material to be considered at the public hearing.  Such notice shall appear at least twice in the time period between two and four weeks prior to the public hearing.

    (((6) Meetings of the committee shall be called by the department or by written petition signed by five or more of the committee members.  The chairman of the parks and recreation commission or the chairman's designee shall serve as the chairman of any meetings of the committee held to implement the provisions of this chapter.))

    The ((committee)) department shall seek and receive comments from the public regarding potential additions to the system, shall initiate studies, and may((, through the department,)) submit to any session of the legislature proposals for additions to the state scenic river system.  These proposals shall be accompanied by a detailed report on the factors which, in the ((committee's)) department's judgment, make an area a worthy addition to the system.

    Sec. 1703.  RCW 79.72.040 and 1989 c 175 s 169 are each amended to read as follows:

    (1) The management program for the system shall be administered by the department.  The department shall have the responsibility for coordinating the development of the program between affected state agencies and participating local governments, and shall develop and adopt rules, in accord with chapter 34.05 RCW, the Administrative Procedure Act, for each portion of the system, which shall implement the management policies.  In developing rules for a specific river in the system, the department shall hold at least one public hearing in the general locale of the river under consideration.  The hearing may constitute the hearing required by chapter 34.05 RCW.  The department shall cause a brief summary of the proposed rules to be published twice in a newspaper of general circulation in the area that includes the river to be considered in the period of time between two and four weeks prior to the public hearing.  In addition to the foregoing required publication, the department shall also provide notice of the hearings, rules, and decisions of the department to radio and television stations and major local newspapers in the areas that include the river to be considered.

    (2) In addition to any other powers granted to carry out the intent of this chapter, the department is authorized((, subject to approval by majority vote of the members of the committee,)) to:  (a) Purchase, within the river area, real property in fee or any lesser right or interest in real property including, but not limited to scenic easements and future development rights, visual corridors, wildlife habitats, unique ecological areas, historical sites, camping and picnic areas, boat launching sites, and/or easements abutting the river for the purpose of preserving or enhancing the river or facilitating the use of the river by the public for fishing, boating and other water related activities; and (b) purchase, outside of a river area, public access to the river area.

    The right of eminent domain shall not be utilized in any purchase made pursuant to this section.

    (3) The department is further authorized to:  (a) Acquire by gift, devise, grant, or dedication the fee, an option to purchase, a right of first refusal or any other lesser right or interest in real property and upon acquisition such real property shall be held and managed within the scenic river system; and (b) accept grants, contributions, or funds from any agency, public or private, or individual for the purposes of this chapter.

    (4) The department is hereby vested with the power to obtain injunctions and other appropriate relief against violations of any provisions of this chapter and any rules adopted under this section or agreements made under the provisions of this chapter.

    Sec. 1704.  RCW 79.72.050 and 1977 ex.s. c 161 s 5 are each amended to read as follows:

    (1) All state government agencies and local governments are hereby directed to pursue policies with regard to their respective activities, functions, powers, and duties which are designed to conserve and enhance the conditions of rivers which have been included in the system, in accordance with the management policies and the rules and regulations adopted by the department for such rivers.  Local agencies are directed to pursue such policies with respect to all lands in the river area owned or leased by such local agencies.  Nothing in this chapter shall authorize the modification of a shoreline management plan adopted by a local government and approved by the state pursuant to chapter 90.58 RCW without the approval of the department of ecology and local government.  The policies adopted pursuant to this chapter shall be integrated, as fully as possible, with those of the shoreline management act of 1971.

    (2) Nothing in this chapter shall grant to the ((committee of participating agencies or the)) department the power to restrict the use of private land without either the specific written consent of the owner thereof or the acquisition of rights in real property authorized by RCW 79.72.040.

    (3) Nothing in this chapter shall prohibit the department of natural resources from exercising its full responsibilities and obligations for the management of state trust lands.

                              PART 18

               DEPARTMENT OF CORRECTIONS COMMITTEES

NEW SECTION. Sec. 1801.  By July 1, 1999, the secretary of corrections shall abolish the work release advisory committee, the Pierce county advisory committee, the Moses Lake search committee, the Spokane search committee, the Bremerton advisory committee, the Kitsap county work release facility analysis and site evaluation committee, the Wenatchee search committee, the Snohomish siting committee, and the Airway Heights corrections center correctional industries advisory board.

                              PART 19

                    LAKES HEALTH PLAN COMMITTEE

NEW SECTION. Sec. 1901.  1996 c 316 s 2 (uncodified) is repealed.

                              PART 20

          LOWER COLUMBIA RIVER BISTATE STEERING COMMITTEE

NEW SECTION. Sec. 2001.  The bistate steering committee created in section 302(28)(a), chapter 16, Laws of 1990 1st ex. sess. is abolished.

                              PART 21

       COMMUNITY DIVERSIFICATION PROGRAM ADVISORY COMMITTEE

NEW SECTION. Sec. 2101.  By July 1, 1999, the director of the department of community, trade, and economic development shall abolish the community diversification program advisory committee.

                              PART 22

           BUSINESS AND JOB RETENTION ADVISORY COMMITTEE

NEW SECTION. Sec. 2201.  The business and job retention advisory committee created in section 220(8)(a), chapter 289, Laws of 1988 is abolished.

                              PART 23

                   COMMUNITY NETWORKS COMMITTEES

NEW SECTION. Sec. 2301.  By July 1, 1999, the director of the department of services for the blind shall abolish the community networks committees.

                              PART 24

                           MISCELLANEOUS

NEW SECTION. Sec. 2401.  Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 2402.  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 July 1, 1999.

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