Z-0363.2 _______________________________________________
SENATE BILL 5415
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Senators Patterson, Horn and McAuliffe; by request of Governor Locke
Read first time 01/21/1999. Referred to Committee on State & Local Government.
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, 18.39.010, 18.39.173, 18.39.175, 18.39.217, 18.39.250, 18.39.300, 18.39.800, 68.05.020, 68.05.095, 68.05.105, 68.05.175, 68.05.195, 68.05.205, 68.05.285, 68.24.090, 68.40.040, 68.44.115, 68.46.010, 68.46.040, 68.46.090, 68.46.110, 68.46.130, 68.50.230, 68.60.030, 68.60.050, 68.60.060, 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; reenacting and amending RCW 18.39.145; 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, 68.05.040, 68.05.050, 68.05.060, 68.05.080, 68.05.100, 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 and 1967 c 201 s 2;
(2) RCW 18.28.030 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 and 1967 c 201 s 4;
(4) RCW 18.28.045 and 1979 c 156 s 2;
(5) RCW 18.28.050 and 1967 c 201 s 5;
(6) RCW 18.28.060 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 and 1967 c 201 s 7;
(8) RCW 18.28.160 and 1967 c 201 s 16;
(9) RCW 18.28.170 and 1979 c 156 s 9 & 1967 c 201 s 17;
(10) RCW 18.28.230 and 1996 c 293 s 8; and
(11) RCW 18.28.240 and 1997 c 58 s 818.
PART 2
FUNERAL AND CEMETERY BOARD
Sec. 201. RCW 18.39.010 and 1989 c 390 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Funeral director" means a person engaged in the profession or business of conducting funerals and supervising or directing the burial and disposal of dead human bodies.
(2) "Embalmer" means a person engaged in the profession or business of disinfecting, preserving or preparing for disposal or transportation of dead human bodies.
(3) "Two-year college course" means the completion of sixty semester hours or ninety quarter hours of college credit, including the satisfactory completion of certain college courses, as set forth in this chapter.
(4) "Funeral establishment" means a place of business licensed in accordance with RCW 18.39.145, conducted at a specific street address or location, and devoted to the care and preparation for burial or disposal of dead human bodies and includes all areas of such business premises and all tools, instruments, and supplies used in preparation and embalming of dead human bodies for burial or disposal.
(5) "Director" means the director of licensing.
(6)
"Board" means the ((state)) funeral and cemetery board
((of funeral directors and embalmers)) created pursuant to RCW
18.39.173.
(7) "Prearrangement funeral service contract" means any contract under which, for a specified consideration, a funeral establishment promises, upon the death of the person named or implied in the contract, to furnish funeral merchandise or services.
(8) "Funeral merchandise or services" means those services normally performed and merchandise normally provided by funeral establishments, including the sale of burial supplies and equipment, but excluding the sale by a cemetery of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches, or vaults.
(((9)
"Qualified public depositary" means a depositary defined by RCW
39.58.010, a credit union as governed by chapter 31.12 RCW, a mutual savings
bank as governed by Title 32 RCW, a savings and loan association as governed by
Title 33 RCW, or a federal credit union or a federal savings and loan
association organized, operated, and governed by any act of congress, in which
prearrangement funeral service contract funds are deposited by any funeral
establishment.))
Words used in this chapter importing the singular may be applied to the plural of the person or thing, words importing the plural may be applied to the singular, and words importing the masculine gender may be applied to the female.
Sec. 202. RCW 18.39.145 and 1986 c 259 s 61 and 1985 c 7 s 40 are each reenacted and amended to read as follows:
The board shall issue a funeral establishment license to any person, partnership, association, corporation, or other organization to operate a funeral establishment, at specific locations only, which has met the following requirements:
(1) The applicant has designated the name under which the funeral establishment will operate and has designated locations for which the general establishment license is to be issued;
(2) The applicant is licensed in this state as a funeral director and as an embalmer, or employs at least one person with both such qualifications or one licensed funeral director and one embalmer who will be in service at each designated location;
(3) The applicant has filed an application with the director as required by this chapter and paid the required filing fee therefor as fixed by the director pursuant to RCW 43.24.086;
(4) As a condition of applying for a new funeral establishment license, the person or entity desiring to acquire such ownership or control shall be bound by all then existing prearrangement funeral service contracts.
The
board may deny an application for a funeral establishment license, or issue a
conditional license, if disciplinary action has previously been taken against
the applicant or the applicant's designated funeral director or embalmer. No
funeral establishment license shall be transferable, but an applicant may make application
for more than one funeral establishment license so long as all of the
requirements are met for each license. All funeral establishment licenses
shall expire ((on June 30, or)) as ((otherwise)) determined by
the director.
Sec. 203. RCW 18.39.173 and 1977 ex.s. c 93 s 8 are each amended to read as follows:
((There
is hereby established a state board of funeral directors and embalmers to be
composed of five members appointed by the governor in accordance with this section,
one of whom shall be a public member. The three members of the state examining
committee for funeral directors and embalmers, which was created pursuant to
RCW 43.24.060, as of September 21, 1977 are hereby appointed as members of the
board to serve for initial terms. The governor shall appoint two additional
members of the board. Each professional member of the board shall be licensed
in this state as a funeral director and embalmer and a resident of the state of
Washington for a period of at least five years next preceding appointment,
during which time such member shall have been continuously engaged in the
practice as a funeral director or embalmer as defined in this chapter. No
person shall be eligible for appointment to the board of funeral directors and
embalmers who is financially interested, directly or indirectly, in any
embalming college, wholesale funeral supply business, or casket manufacturing
business.
All
members of the board of funeral directors and embalmers shall be appointed to
serve for a term of five years, to expire on July 1 of the year of termination
of their term, and until their successors have been appointed and qualified:
PROVIDED, That the governor is granted the power to fix the terms of office of
the members of the board first appointed so that the term of office of not more
than one member of the board shall terminate in any one year. In case of a
vacancy occurring on the board, the governor shall appoint a qualified member
for the remainder of the unexpired term of the vacant office. Any member of
the board of funeral directors and embalmers who fails to properly discharge
the duties of a member may be removed by the governor.)) A
funeral and cemetery board is created to consist of nine members to be
appointed by the governor in accordance with this section. The three funeral
director and embalmer members of the board of funeral directors and embalmers
whose terms expire after 1999 are hereby appointed to serve for initial terms
with their year of expiration of term remaining the same. The two members of
the cemetery board who have had experience in this state in the active
administrative management of a cemetery authority or as a member of the board
of directors of a cemetery authority whose terms expire after 1999 are hereby
appointed to serve for initial terms with their year of expiration of term
remaining the same. A third member who has had experience in this state in the
active administrative management of a cemetery authority or as a member of the
board of directors of a cemetery authority shall be appointed with a term to
expire in 2003. Three public members shall be appointed with terms to expire
in 2001, 2002, and 2003. These appointments may cause no more than three terms
to expire in any given year.
A member of the board must be appointed to serve for a term of four years, to expire on July 1st of the year of termination of the member's term. A member shall hold office until the expiration of the term for which the member is appointed or until a successor has been appointed and qualified. In case of a vacancy occurring on the board, the governor shall appoint a qualified member for the remainder of the unexpired term of the vacant office. A member of the board who fails to properly discharge the duties of a member may be removed by the governor.
Three members of the board must be persons who have had experience in this state in the active administrative management of a cemetery authority or as a member of the board of directors of a cemetery authority for a period of five years preceding appointment. Three members of the board must each be licensed in this state as funeral directors and embalmers and must have been continuously engaged in the practice as funeral directors and embalmers for a period of five years preceding appointment. Three members must represent the general public and may not have a connection with the funeral or cemetery industry. Two of these public members shall be persons who have professional, legal, accounting, or trust investment experience that is relevant to the duties of the board. A member of the board must have been a resident of the state of Washington for a period of at least five years preceding appointment.
The
board shall meet once annually to conduct its business and to elect a ((chairman))
chair, vice ((chairman)) chair, and ((secretary and
take official board action on pending matters by majority vote of all the
members of the board of funeral directors and embalmers)) such other
officers as the board determines, and at other times when called by the
director, the ((chairman)) chair, or a majority of the members.
A majority of the members of ((said)) the board ((shall))
at all times constitutes a quorum. A quorum of the board to consider
any charges brought under this chapter shall include two of the funeral director
and embalmer members of the board. A quorum of the board to consider any
charges brought under Title 68 RCW shall include two of the members who have
had experience in the active administrative management of a cemetery
authority. If funeral director and embalmer or cemetery board members cannot
serve due to a conflict of interest, a quorum constituting a majority of the
members shall preside over the hearing.
A member of the board shall be compensated in accordance with RCW 43.03.240 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.
Sec. 204. RCW 18.39.175 and 1996 c 217 s 6 are each amended to read as follows:
((Each
member of the board of funeral directors and embalmers shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in
connection with board duties in accordance with RCW 43.03.050 and 43.03.060.))
The
((state)) board ((of funeral directors and embalmers shall have))
has the following duties and responsibilities under this chapter:
(1) To be responsible for the preparation, conducting, and grading of examinations of applicants for funeral director and embalmer licenses;
(2) To certify to the director the results of examinations of applicants and certify the applicant as having "passed" or "failed";
(3) To make findings and recommendations to the director on any and all matters relating to the enforcement of this chapter;
(4)
To adopt((, promulgate,)) and enforce reasonable rules((. Rules
regulating the cremation of human remains and permit requirements shall be
adopted in consultation with the cemetery board));
(5) To examine or audit or to direct the examination and audit of prearrangement funeral service trust fund records for compliance with this chapter and rules adopted by the board; and
(6) To adopt rules establishing mandatory continuing education requirements to be met by persons applying for license renewal.
Sec. 205. RCW 18.39.217 and 1985 c 402 s 7 are each amended to read as follows:
A
permit or endorsement issued by the board or under chapter 68.05 RCW is
required in order to operate a crematory or conduct a cremation. Conducting a
cremation without a permit or endorsement is a misdemeanor. Each such
cremation is a separate violation. ((Crematories owned or operated by or
located on property licensed as a funeral establishment shall be regulated by
the board of funeral directors and embalmers. Crematories not affiliated with
a funeral establishment shall be regulated by the cemetery board.))
Sec. 206. RCW 18.39.250 and 1996 c 217 s 8 are each amended to read as follows:
(1) Any funeral establishment selling funeral merchandise or services by prearrangement funeral service contract and accepting moneys therefore shall establish and maintain one or more prearrangement funeral service trusts under Washington state law with two or more designated trustees, for the benefit of the beneficiary of the prearrangement funeral service contract or may join with one or more other Washington state licensed funeral establishments in a "master trust" provided that each member of the "master trust" shall comply individually with the requirements of this chapter.
(2) Up to ten percent of the cash purchase price of each prearrangement funeral service contract, excluding sales tax, may be retained by the funeral establishment unless otherwise provided in this chapter. If the prearrangement funeral service contract is canceled within thirty calendar days of its signing, then the purchaser shall receive a full refund of all moneys paid under the contract.
(3) At least ninety percent of the cash purchase price of each prearrangement funeral service contract, paid in advance, excluding sales tax, shall be placed in the trust established or utilized by the funeral establishment. Deposits to the prearrangement funeral service trust shall be made not later than the twentieth day of the month following receipt of each payment made on the last ninety percent of each prearrangement funeral service contract, excluding sales tax.
(4)
All prearrangement funeral service trust moneys shall be deposited in an
insured account in a ((qualified)) public depositary, as defined in
RCW 39.58.010, or shall be invested in instruments issued or insured by any
agency of the federal government if these securities are held in a public
depositary. The account shall be designated as the prearrangement funeral
service trust of the funeral establishment for the benefit of the beneficiaries
named in the prearrangement funeral service contracts. The prearrangement
funeral service trust shall not be considered as, nor shall it be used as, an
asset of the funeral establishment.
(5) After deduction of reasonable fees for the administration of the trust, taxes paid or withheld, or other expenses of the trust, all interest, dividends, increases, or accretions of whatever nature earned by a trust shall be kept unimpaired and shall become a part of the trust. Adequate records shall be maintained to allocate the share of principal and interest to each contract. Fees deducted for the administration of the trust shall not exceed one percent per year of the amount in trust. In no instance shall the administrative charges deducted from the prearrangement funeral service trust reduce, diminish, or in any other way lessen the value of the trust so that the services or merchandise provided for under the contract are reduced, diminished, or in any other way lessened.
(6) Except as otherwise provided in this chapter, the trustees of a prearrangement funeral service trust shall permit withdrawal of all funds deposited under a prearrangement funeral service contract, plus accruals thereon, under the following circumstances and conditions:
(a) If the funeral establishment files a verified statement with the trustees that the prearrangement funeral merchandise and services covered by the contract have been furnished and delivered in accordance therewith; or
(b) If the funeral establishment files a verified statement with the trustees that the prearrangement funeral merchandise and services covered by the contract have been canceled in accordance with its terms.
(7) Subsequent to the thirty calendar day cancellation period provided for in this chapter, any purchaser or beneficiary who has a revocable prearrangement funeral service contract has the right to demand a refund of the amount in trust.
(8) Prearrangement funeral service contracts which have or should have an account in a prearrangement funeral service trust may be terminated by the board if the funeral establishment goes out of business, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors, has its prearrangement funeral service certificate of registration revoked, or for any other reason is unable to fulfill the obligations under the contract. In such event, or upon demand by the purchaser or beneficiary of the prearrangement funeral service contract, the funeral establishment shall refund to the purchaser or beneficiary all moneys deposited in the trust and allocated to the contract unless otherwise ordered by a court of competent jurisdiction. The purchaser or beneficiary may, in lieu of a refund, elect to transfer the prearrangement funeral service contract and all amounts in trust to another funeral establishment licensed under this chapter which will agree, by endorsement to the contract, to be bound by the contract and to provide the funeral merchandise or services. Election of this option shall not relieve the defaulting funeral establishment of its obligation to the purchaser or beneficiary for any amounts required to be, but not placed, in trust.
(9) Prior to the sale or transfer of ownership or control of any funeral establishment which has contracted for prearrangement funeral service contracts, any person, corporation, or other legal entity desiring to acquire such ownership or control shall apply to the director in accordance with RCW 18.39.145. Persons and business entities selling or relinquishing, and persons and business entities purchasing or acquiring ownership or control of such funeral establishments shall each verify and attest to a report showing the status of the prearrangement funeral service trust or trusts on the date of the sale. This report shall be on a form prescribed by the board and shall be considered part of the application for a funeral establishment license. In the event of failure to comply with this subsection, the funeral establishment shall be deemed to have gone out of business and the provisions of subsection (8) of this section shall apply.
(10) Prearrangement funeral service trust moneys shall not be used, directly or indirectly, for the benefit of the funeral establishment or any director, officer, agent, or employee of the funeral establishment including, but not limited to, any encumbrance, pledge, or other use of prearrangement funeral service trust moneys as collateral or other security.
(11)(a) If, at the time of the signing of the prearrangement funeral service contract, the beneficiary of the trust is a recipient of public assistance as defined in RCW 74.04.005, or reasonably anticipates being so defined, the contract may provide that the trust will be irrevocable. If after the contract is entered into, the beneficiary becomes eligible or seeks to become eligible for public assistance under Title 74 RCW, the contract may provide for an election by the beneficiary, or by the purchaser on behalf of the beneficiary, to make the trust irrevocable thereafter in order to become or remain eligible for such assistance.
(b) The department of social and health services shall notify the trustee of any prearrangement service trust that the department has a claim on the estate of a beneficiary for long-term care services. Such notice shall be renewed at least every three years. The trustees upon becoming aware of the death of a beneficiary shall give notice to the department of social and health services, office of financial recovery, who shall file any claim there may be within thirty days of the notice.
(12) Every prearrangement funeral service contract financed through a prearrangement funeral service trust shall contain language which:
(a) Informs the purchaser of the prearrangement funeral service trust and the amount to be deposited in the trust;
(b) Indicates if the contract is revocable or not in accordance with subsection (11) of this section;
(c) Specifies that a full refund of all moneys paid on the contract will be made if the contract is canceled within thirty calendar days of its signing;
(d) Specifies that, in the case of cancellation by a purchaser or beneficiary eligible to cancel under the contract or under this chapter, up to ten percent of the contract amount may be retained by the seller to cover the necessary expenses of selling and setting up the contract;
(e) Identifies the trust to be used and contains information as to how the trustees may be contacted.
Sec. 207. RCW 18.39.300 and 1989 c 390 s 7 are each amended to read as follows:
In
addition to the grounds for action set forth in RCW ((18.130.170 and
18.130.180)) 18.39.410, the board may take the disciplinary action
set forth in RCW ((18.130.160)) 18.39.500 against the funeral
establishment's license, the license of any funeral director and/or the funeral
establishment's certificate of registration, if the licensee or registrant:
(1)
Fails to comply with any provisions of this chapter((, chapter 18.130 RCW,))
or any proper order or regulation of the board;
(2) Is found by the board to be in such condition that further execution of prearrangement contracts could be hazardous to purchasers or beneficiaries and the people of this state;
(3) Refuses to be examined, or refuses to submit to examination by the board when required;
(4) Fails to pay the expense of an examination; or
(5) Is found by the board after investigation or receipt of reliable information to be managed by persons who are incompetent or untrustworthy or so lacking in managerial experience as to make the proposed or continued execution or servicing of prearrangement funeral service contracts hazardous to purchasers, beneficiaries, or to the public.
Sec. 208. RCW 18.39.800 and 1996 c 217 s 9 are each amended to read as follows:
The
funeral ((directors)) and ((embalmers)) cemetery account
is created in the state treasury. All fees and regulatory charges
received by the department for licenses, registrations, renewals, certificates,
permits, endorsements, license examinations, and ((audits)) trust
fund examinations shall be forwarded to the state treasurer who shall
credit the money to the account. All fines and civil penalties ordered by the
superior court or fines ordered pursuant to RCW ((18.130.160(8))) 18.39.500
and 68.05.105 against holders of licenses or registrations issued under the
provisions of this chapter shall be paid to the account. All expenses incurred
in carrying out the licensing and registration activities of the department of
licensing and the ((state funeral directors and embalmers)) board
under this chapter shall be paid from the account as authorized by legislative
appropriation. Any residue in the account shall be accumulated and shall not revert
to the general fund at the end of the biennium. All earnings of investments of
balances in the account shall be credited to the general fund. Any fund
balance remaining in the ((health professions)) funeral directors and
embalmers account attributable to the funeral director and embalmer
professions as of July 1, ((1993)) 1999, and any fund balance
remaining in the cemetery account as of July 1, 1999, shall be transferred
to the funeral ((directors)) and ((embalmers)) cemetery
account.
Sec. 209. RCW 68.05.020 and 1953 c 290 s 27 are each amended to read as follows:
The term "board" used in this chapter means the funeral and cemetery board.
Sec. 210. RCW 68.05.095 and 1987 c 331 s 8 are each amended to read as follows:
((The
board shall elect annually a chairman and vice chairman and such other officers
as it shall determine from among its members.)) The director, in
consultation with the board, may employ and prescribe the duties of the ((executive
secretary)) program administrator or manager. The ((executive
secretary shall)) program administrator or manager must have a
minimum of five years' experience in either cemetery or funeral
management, or both, unless this requirement is waived by the board.
Sec. 211. RCW 68.05.105 and 1987 c 331 s 10 are each amended to read as follows:
The board has the following authority under this chapter:
(1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this title;
(2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings;
(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this title;
(4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this title;
(5) To compel attendance of witnesses at hearings;
(6) In the course of investigating a complaint, to conduct practice reviews;
(7) To take emergency action pending proceedings by the board;
(8) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the board shall make the final decision;
(9) To use consultants or individual members of the board to assist in the direction of investigations and issuance of statements of charges. However, those board members shall not subsequently participate in the hearing of the case;
(10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this title;
(11) To contract with persons or organizations to provide services necessary for the monitoring and supervision of licensees, or authorities who are for any authorized purpose subject to monitoring by the board;
(12) To adopt standards of professional conduct or practice;
(13) To grant or deny authorities or license applications, and in the event of a finding of unprofessional conduct by an applicant, authority, or license holder, to impose any sanction against a license applicant, authority, or license holder provided by this title;
(14) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant, holder of an authority to operate, or license holder shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action;
(15) To revoke the license or authority;
(16) To suspend the license or authority for a fixed or indefinite term;
(17) To restrict or limit the license or authority;
(18) To censure or reprimand;
(19) To cause compliance with conditions of probation for a designated period of time;
(20) To fine for each violation of this title, not to exceed one thousand dollars per violation. Funds received shall be placed in the funeral and cemetery account;
(21) To order corrective action.
Any of the actions under this section may be totally or partly stayed by the board. In determining what action is appropriate, the board must first consider what sanctions are necessary to protect or compensate the public. All costs associated with compliance with orders issued under this section are the obligation of the license or authority holder or applicant.
Sec. 212. RCW 68.05.175 and 1987 c 331 s 13 are each amended to read as follows:
A permit or endorsement issued by the ((cemetery)) board or
under chapter 18.39 RCW is required in order to operate a crematory or conduct
a cremation. ((Crematories owned or operated by or located on property
licensed as a funeral establishment shall be regulated by the board of funeral
directors and embalmers. Crematories not affiliated with a funeral
establishment shall be regulated by the cemetery board.))
Sec. 213. RCW 68.05.195 and 1987 c 331 s 15 are each amended to read as follows:
Any
person other than persons defined in RCW 68.50.160 who buries or otherwise
disposes of cremated remains by land, by air, or by sea shall have a permit or
endorsement issued in accordance with RCW ((68.05.100)) 18.39.175
and shall be subject to that section.
Sec. 214. RCW 68.05.205 and 1993 c 43 s 4 are each amended to read as follows:
The
director with the consent of the ((cemetery)) board shall set all fees
for chapters 68.05, 68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46
RCW in accordance with RCW 43.24.086, including fees for licenses,
certificates, regulatory charges, permits, or endorsements, and the department
shall collect the fees.
Sec. 215. RCW 68.05.285 and 1953 c 290 s 29 are each amended to read as follows:
((There
shall be, in the office of the state treasurer, a fund to be known and
designated as the "cemetery fund." All regulatory fees or other
moneys to be paid under this chapter, unless provision be made otherwise, shall
be paid at least once a month to the state treasurer to be credited to the
cemetery fund. All moneys credited to the cemetery fund shall be used, when
appropriated by the legislature, by the cemetery board to carry out the
provisions of this chapter.)) The funeral and cemetery account is created
in the state treasury under RCW 18.39.800.
Sec. 216. RCW 68.24.090 and 1987 c 331 s 34 are each amended to read as follows:
Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:
(1) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed.
(2) That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains.
(3) That notice of the proposed removal of dedication has been given the funeral and cemetery board in writing for cemeteries regulated by the board and to the office of archaeology and historic preservation for abandoned and historic cemeteries and historic graves at least sixty days before filing the proceedings in superior court.
Sec. 217. RCW 68.40.040 and 1987 c 331 s 37 are each amended to read as follows:
A cemetery authority not exempt under this chapter shall file in its principal office for review by plot owners the previous seven fiscal years' endowment care reports as filed with the funeral and cemetery board in accordance with RCW 68.44.150.
Sec. 218. RCW 68.44.115 and 1987 c 331 s 44 are each amended to read as follows:
To be considered qualified as a trustee, each trustee of an endowment care fund appointed in accordance with this chapter shall file with the board a statement of acceptance of fiduciary responsibility, on a form approved by the board, before assuming the duties of trustee. The trustee shall remain in the trustee's fiduciary capacity until such time as the trustee advises the funeral and cemetery board in writing of the trustee's resignation of trusteeship.
Sec. 219. RCW 68.46.010 and 1979 c 21 s 22 are each amended to read as follows:
Unless the context clearly indicates otherwise, the following terms as used only in this chapter have the meaning given in this section:
(1) "Prearrangement contract" means a contract for purchase of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves to be furnished at a future date for a specific consideration which is paid in advance by one or more payments in one sum or by installment payments.
(2)
"Cemetery authority" shall have the same meaning as in RCW 68.04.190,
and shall also include any individual, partnership, firm, joint venture,
corporation, company, association, or ((join [joint])) joint
stock company, any of which sells cemetery services or merchandise,
unconstructed crypts or niches, or undeveloped graves through a prearrangement
contract, but shall not include insurance companies licensed under chapter
48.05 RCW.
(3) "Cemetery merchandise or services" and "merchandise or services" mean those services normally performed by cemetery authorities, including the sale of monuments, markers, memorials, nameplates, liners, vaults, boxes, urns, vases, interment services, or any one or more of them.
(4) "Prearrangement trust fund" means all funds required to be maintained in one or more funds for the benefit of beneficiaries by either this chapter or by the terms of a prearrangement contract, as herein defined.
(5)
(("Depository" means a qualified public depository as defined by
RCW 39.58.010, a credit union as governed by chapter 31.12 RCW, a mutual
savings bank as governed by Title 32 RCW, a savings and loan association as
governed by Title 33 RCW, and a federal credit union or a federal savings and
loan association organized, operated, and governed by any act of congress, in
which prearrangement funds are deposited by any cemetery authority.
(6)))
"Board" means the funeral and cemetery board established under
((chapter 68.05)) RCW 18.39.173 or its authorized representative.
(((7)))
(6) "Undeveloped grave" means any grave in an area which a
cemetery authority has not landscaped and groomed to the extent customary in
the cemetery industry in that community.
Sec. 220. RCW 68.46.040 and 1987 c 331 s 50 are each amended to read as follows:
All
prearrangement trust funds shall be deposited in a ((qualified)) public
((depository)) depositary as defined by RCW ((68.46.010)) 39.58.010
or invested in instruments issued or insured by any agency of the
federal government, if these securities are held in public depository. Such
savings accounts shall be designated as the "prearrangement trust
fund" by name and the particular cemetery authority for the benefit of the
beneficiaries named in any prearrangement contract.
Sec. 221. RCW 68.46.090 and 1983 c 190 s 1 are each amended to read as follows:
Any cemetery authority selling prearrangement merchandise or other
prearrangement services shall file in its office or offices and with the ((cemetery))
board a written report upon forms prepared by the ((cemetery)) board
which shall state the amount of the principle of the prearrangement trust fund
or funds, the depository of such fund or funds, and cash on hand which is or
may be due to such fund as well as such other information the board may deem
appropriate. All information appearing on such written reports shall be
revised at least annually. These reports shall be verified by the president,
or the vice president, and one other officer of the cemetery authority, the
accountant or auditor who prepared the report((, and, if required by the
board for good cause, a certified public accountant in accordance with
generally accepted auditing standards)). The board may, in its
discretion, require verification of these reports by a certified public
accountant in accordance with generally accepted auditing standards ((shall
be required on reports from cemetery authorities which manage prearrangement
trust funds totaling in excess of five hundred thousand dollars)).
Sec. 222. RCW 68.46.110 and 1973 1st ex.s. c 68 s 11 are each amended to read as follows:
No
cemetery authority shall sell, offer to sell or authorize the sale of cemetery
merchandise or services or accept funds in payment of any prearrangement
contract, either directly or indirectly, unless such acts are performed in
compliance with chapter 68, Laws of 1973 1st ex. sess., and under the authority
of a valid, subsisting and unsuspended certificate of authority to operate a
cemetery in this state by the ((Washington state cemetery)) board.
Sec. 223. RCW 68.46.130 and 1979 c 21 s 43 are each amended to read as follows:
The
((cemetery)) board may grant an exemption from any or all of the
requirements of this chapter relating to prearrangement contracts to any
cemetery authority which:
(1) Sells less than twenty prearrangement contracts per year; and
(2)
Deposits one hundred percent of all funds received into a trust fund under RCW
68.46.030((, as now or hereafter amended)).
Sec. 224. RCW 68.50.230 and 1985 c 402 s 9 are each amended to read as follows:
Whenever any dead human body shall have been in the lawful
possession of any person, firm, corporation or association for a period of one
year or more, or whenever the incinerated remains of any dead human body have
been in the lawful possession of any person, firm, corporation or association
for a period of two years or more, and the relatives of, or persons interested
in, the deceased person shall fail, neglect or refuse for such periods of time,
respectively, to direct the disposition to be made of such body or remains,
such body or remains may be disposed of by the person, firm, corporation or
association having such lawful possession thereof, under and in accordance with
rules adopted by the funeral and cemetery board ((and the board of
funeral directors and embalmers)), not inconsistent with any statute of the
state of Washington or rule ((or regulation prescribed)) adopted
by the state board of health.
Sec. 225. RCW 68.60.030 and 1995 c 399 s 168 are each amended to read as follows:
(1)(a)
The ((archaeological and historical division of the department of community,
trade, and economic development)) office of archaeology and historic
preservation may grant by nontransferable certificate authority to maintain
and protect an abandoned cemetery upon application made by a preservation
organization which has been incorporated for the purpose of restoring,
maintaining, and protecting an abandoned cemetery. Such authority shall be
limited to the care, maintenance, restoration, protection, and historical
preservation of the abandoned cemetery, and shall not include authority to make
burials((, unless specifically granted by the cemetery board)).
(b) Those preservation and maintenance corporations that are granted authority to maintain and protect an abandoned cemetery shall be entitled to hold and possess burial records, maps, and other historical documents as may exist. Maintenance and preservation corporations that are granted authority to maintain and protect an abandoned cemetery shall not be liable to those claiming burial rights, ancestral ownership, or to any other person or organization alleging to have control by any form of conveyance not previously recorded at the county auditor's office within the county in which the abandoned cemetery exists. Such organizations shall not be liable for any reasonable alterations made during restoration work on memorials, roadways, walkways, features, plantings, or any other detail of the abandoned cemetery.
(c)
Should the maintenance and preservation corporation be dissolved, the ((archaeological
and historical division of the department of community, trade, and economic
development)) office of archaeology and historic preservation shall
revoke the certificate of authority.
(d)
Maintenance and preservation corporations that are granted authority to
maintain and protect an abandoned cemetery may establish care funds ((pursuant
to chapter 68.44 RCW, and shall report in accordance with chapter 68.44 RCW to
the state cemetery board)).
(2) Except as provided in subsection (1) of this section, the department of community, trade, and economic development may, in its sole discretion, authorize any Washington nonprofit corporation that is not expressly incorporated for the purpose of restoring, maintaining, and protecting an abandoned cemetery, to restore, maintain, and protect one or more abandoned cemeteries. The authorization may include the right of access to any burial records, maps, and other historical documents, but shall not include the right to be the permanent custodian of original records, maps, or documents. This authorization shall be granted by a nontransferable certificate of authority. Any nonprofit corporation authorized and acting under this subsection is immune from liability to the same extent as if it were a preservation organization holding a certificate of authority under subsection (1) of this section.
(3) The department of community, trade, and economic development shall establish standards and guidelines for granting certificates of authority under subsections (1) and (2) of this section to assure that any restoration, maintenance, and protection activities authorized under this subsection are conducted and supervised in an appropriate manner.
Sec. 226. RCW 68.60.050 and 1989 c 44 s 5 are each amended to read as follows:
(1)
Any person who knowingly removes, mutilates, defaces, injures, or destroys any
historic grave shall be guilty of a class C felony punishable under chapter
9A.20 RCW. Persons disturbing historic graves through inadvertence, including
disturbance through construction, shall reinter the human remains under the
supervision of the ((cemetery board)) office of archaeology and
historic preservation. Expenses to reinter such human remains are to be
provided by the office of archaeology and historic preservation.
(2) This section does not apply to actions taken in the performance of official law enforcement duties.
(3) It shall be a complete defense in a prosecution under subsection (1) of this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to preserve the remains accidentally disturbed or discovered, and that the accidental discovery or disturbance was properly reported.
Sec. 227. RCW 68.60.060 and 1990 c 92 s 5 are each amended to read as follows:
Any
person who violates any provision of this chapter is liable in a civil action
by and in the name of the ((state cemetery board)) office of
archaeology and historic preservation to pay all damages occasioned by
their unlawful acts. The sum recovered shall be applied in payment for the
repair and restoration of the property injured or destroyed and to the care
fund if one is established.
NEW SECTION. Sec. 228. The following acts or parts of acts are each repealed:
(1) RCW 68.05.040 and 1987 c 331 s 5, 1977 ex.s. c 351 s 1, & 1953 c 290 s 31;
(2) RCW 68.05.050 and 1979 c 21 s 5, 1977 ex.s. c 351 s 2, & 1953 c 290 s 32;
(3) RCW 68.05.060 and 1984 c 287 s 102, 1975-'76 2nd ex.s. c 34 s 156, & 1953 c 290 s 33;
(4) RCW 68.05.080 and 1987 c 331 s 6 & 1953 c 290 s 35; and
(5) RCW 68.05.100 and 1993 c 43 s 3, 1987 c 331 s 9, 1985 c 402 s 8, & 1953 c 290 s 36.
PART 3
HEALTH CARE ASSISTANTS ADVISORY COMMITTEE
Sec. 301. 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 4
DIETICIANS AND NUTRITIONISTS ADVISORY COMMITTEE
Sec. 401. 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 5
HEALTH PROFESSIONS ADVISORY COMMITTEE
NEW SECTION. Sec. 501. RCW 18.138.120 and 1994 sp.s. c 9 s 517 are each repealed.
PART 6
REGULATION OF ATHLETE AGENTS
NEW SECTION. Sec. 601. The following acts or parts of acts are each repealed:
(1) RCW 18.175.010 and 1991 c 236 s 1;
(2) RCW 18.175.020 and 1991 c 236 s 2;
(3) RCW 18.175.025 and 1996 c 293 s 24;
(4) RCW 18.175.027 and 1997 c 58 s 839;
(5) RCW 18.175.030 and 1991 c 236 s 3;
(6) RCW 18.175.040 and 1991 c 236 s 4;
(7) RCW 18.175.050 and 1991 c 236 s 5;
(8) RCW 18.175.060 and 1991 c 236 s 6;
(9) RCW 18.175.070 and 1991 c 236 s 7; and
(10) RCW 18.175.080 and 1991 c 236 s 8.
PART 7
WASHINGTON STATE COUNCIL ON VOCATIONAL EDUCATION
NEW SECTION. Sec. 701. The following acts or parts of acts are each repealed:
(1) RCW 28C.20.010 and 1991 c 238 s 16;
(2) RCW 28C.20.020 and 1991 c 238 s 17; and
(3) RCW 28C.20.030 and 1991 c 238 s 18.
PART 8
PUBLIC PENSION COMMISSION
NEW SECTION. Sec. 801. The following acts or parts of acts are each repealed:
(1) RCW 41.52.010 and 1980 c 87 s 16, 1969 c 10 s 2, & 1963 ex.s. c 17 s 1;
(2) RCW 41.52.020 and 1963 ex.s. c 17 s 2;
(3) RCW 41.52.030 and 1967 c 128 s 1 & 1963 ex.s. c 17 s 3;
(4) RCW 41.52.040 and 1998 c 245 s 43, 1967 c 128 s 2, & 1963 ex.s. c 17 s 4;
(5) RCW 41.52.050 and 1967 c 128 s 3;
(6) RCW 41.52.060 and 1967 c 128 s 4; and
(7) RCW 41.52.070 and 1998 c 245 s 44 & 1967 c 160 s 1.
PART 9
PUBLIC INFORMATION ACCESS POLICY TASK FORCE
NEW SECTION. Sec. 901. RCW 42.17.261 and 1994 c 40 s 4 are each repealed.
PART 10
RURAL DEVELOPMENT COUNCIL
NEW SECTION. Sec. 1001. 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 and 1997 c 377 s 1; and
(2) RCW 43.31.857 and 1997 c 377 s 2.
NEW SECTION. Sec. 1002. The rural development council is encouraged to explore the establishment of a private nonprofit corporation to perform its duties.
PART 11
TAX ADVISORY COUNCIL
NEW SECTION. Sec. 1101. The following acts or parts of acts are each repealed:
(1) RCW 43.38.010 and 1983 c 2 s 11;
(2) RCW 43.38.020 and 1982 1st ex.s. c 41 s 2 & 1965 c 8 s 43.38.020;
(3) RCW 43.38.030 and 1965 c 8 s 43.38.030; and
(4) RCW 43.38.040 and 1975 1st ex.s. c 278 s 24 & 1965 c 8 s 43.38.040.
PART 12
ADVISORY COUNCIL ON CRIMINAL JUSTICE SERVICES
Sec. 1201. 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. 1202. 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. 1203. 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. 1204. The following acts or parts of acts are each repealed:
(1) RCW 43.43.790 and 1972 ex.s. c 152 s 19; and
(2) RCW 43.43.795 and 1972 ex.s. c 152 s 20.
PART 13
SENIOR ENVIRONMENTAL CORPS COORDINATING COUNCIL
Sec. 1301. 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. 1302. RCW 43.63A.260 and 1994 c 264 s 26, 1993 c 280 s 66, & 1992 c 63 s 5 are each repealed.
PART 14
WASHINGTON CONSERVATION CORPS COORDINATING COUNCIL
Sec. 1401. 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. 1402. 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. 1403. 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. 1404. 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 15
CLEAN WASHINGTON CENTER POLICY BOARD
NEW SECTION. Sec. 1501. RCW 70.95H.020 and 1995 c 399 s 193 & 1991 c 319 s 204 are each repealed.
PART 16
PUGET SOUND TRAWL EMERGING FISHERIES ADVISORY BOARD
NEW SECTION. Sec. 1601. By July 1, 1999, the director of the department of fish and wildlife shall abolish the Puget Sound trawl emerging fisheries advisory board.
PART 17
PUGET SOUND CRAB FISHERY LICENSE ADVISORY REVIEW BOARD
COMMERCIAL HERRING FISHERY ADVISORY REVIEW BOARD
COMMERCIAL OCEAN PINK SHRIMP ADVISORY REVIEW BOARD
Sec. 1701. 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. 1702. 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 18
SCENIC RIVERS COMMITTEE OF PARTICIPATING AGENCIES
Sec. 1801. 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. 1802. 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. 1803. 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. 1804. 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 19
DEPARTMENT OF CORRECTIONS COMMITTEES
NEW SECTION. Sec. 1901. 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 20
LAKES HEALTH PLAN COMMITTEE
NEW SECTION. Sec. 2001. 1996 c 316 s 2 (uncodified) is repealed.
PART 21
LOWER COLUMBIA RIVER BISTATE STEERING COMMITTEE
NEW SECTION. Sec. 2101. The bistate steering committee created in section 302(28)(a), chapter 16, Laws of 1990 1st ex. sess. is abolished.
PART 22
COMMUNITY DIVERSIFICATION PROGRAM ADVISORY COMMITTEE
NEW SECTION. Sec. 2201. By July 1, 1999, the director of the department of community, trade, and economic development shall abolish the community diversification program advisory committee.
PART 23
BUSINESS AND JOB RETENTION ADVISORY COMMITTEE
NEW SECTION. Sec. 2301. The business and job retention advisory committee created in section 220(8)(a), chapter 289, Laws of 1988 is abolished.
PART 24
COMMUNITY NETWORKS COMMITTEES
NEW SECTION. Sec. 2401. By July 1, 1999, the director of the department of services for the blind shall abolish the community networks committees.
PART 25
MISCELLANEOUS
NEW SECTION. Sec. 2501. Part headings used in this act are not any part of the law.
NEW SECTION. Sec. 2502. 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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