S 0497

S‑0497.1 _____________________________________________

SENATE BILL 5121

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Regala, Morton, Oke, Eide, Fraser and Jacobsen

Read first time 01/11/2001. Referred to Committee on Environment, Energy & Water.

_1 AN ACT Relating to correcting references to the former office

_2 of marine safety; and amending RCW 42.17.2401, 43.21B.300,

_3 43.21B.310, 88.16.010, and 88.16.110.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 Sec. 1. RCW 42.17.2401 and 1996 c 186 s 504 are each amended to

_6 read as follows:

_7 For the purposes of RCW 42.17.240, the term "executive state

_8 officer" includes:

_9 (1) The chief administrative law judge, the director of

10 agriculture, ((~~the administrator of the office of marine safety,~~))

11 the administrator of the Washington basic health plan, the

12 director of the department of services for the blind, the director

13 of the state system of community and technical colleges, the

14 director of community, trade, and economic development, the

15 secretary of corrections, the director of ecology, the

16 commissioner of employment security, the chairman of the energy

17 facility site evaluation council, the secretary of the state

18 finance committee, the director of financial management, the

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_1 director of fish and wildlife, the executive secretary of the

_2 forest practices appeals board, the director of the gambling

_3 commission, the director of general administration, the secretary

_4 of health, the administrator of the Washington state health care

_5 authority, the executive secretary of the health care facilities

_6 authority, the executive secretary of the higher education

_7 facilities authority, the executive secretary of the horse racing

_8 commission, the executive secretary of the human rights

_9 commission, the executive secretary of the indeterminate sentence

10 review board, the director of the department of information

11 services, the director of the interagency committee for outdoor

12 recreation, the executive director of the state investment board,

13 the director of labor and industries, the director of licensing,

14 the director of the lottery commission, the director of the office

15 of minority and women's business enterprises, the director of

16 parks and recreation, the director of personnel, the executive

17 director of the public disclosure commission, the director of

18 retirement systems, the director of revenue, the secretary of

19 social and health services, the chief of the Washington state

20 patrol, the executive secretary of the board of tax appeals, the

21 secretary of transportation, the secretary of the utilities and

22 transportation commission, the director of veterans affairs, the

23 president of each of the regional and state universities and the

24 president of The Evergreen State College, each district and each

25 campus president of each state community college;

26 (2) Each professional staff member of the office of the

27 governor;

28 (3) Each professional staff member of the legislature; and

29 (4) Central Washington University board of trustees, board of

30 trustees of each community college, each member of the state board

31 for community and technical colleges, state convention and trade

32 center board of directors, committee for deferred compensation,

33 Eastern Washington University board of trustees, Washington

34 economic development finance authority, The Evergreen State

35 College board of trustees, executive ethics board, forest

36 practices appeals board, forest practices board, gambling

37 commission, Washington health care facilities authority, each

38 member of the Washington health services commission, higher

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_1 education coordinating board, higher education facilities

_2 authority, horse racing commission, state housing finance

_3 commission, human rights commission, indeterminate sentence review

_4 board, board of industrial insurance appeals, information services

_5 board, interagency committee for outdoor recreation, state

_6 investment board, commission on judicial conduct, legislative

_7 ethics board, liquor control board, lottery commission, marine

_8 oversight board, Pacific Northwest electric power and conservation

_9 planning council, parks and recreation commission, personnel

10 appeals board, board of pilotage commissioners, pollution control

11 hearings board, public disclosure commission, public pension

12 commission, shorelines hearing board, public employees' benefits

13 board, board of tax appeals, transportation commission, University

14 of Washington board of regents, utilities and transportation

15 commission, Washington state maritime commission, Washington

16 personnel resources board, Washington public power supply system

17 executive board, Washington State University board of regents,

18 Western Washington University board of trustees, and fish and

19 wildlife commission.

20 Sec. 2. RCW 43.21B.300 and 1993 c 387 s 23 are each amended to

21 read as follows:

22 (1) Any civil penalty provided in RCW 18.104.155, 70.94.431,

23 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144,

24 90.56.310, and 90.56.330 shall be imposed by a notice in writing,

25 either by certified mail with return receipt requested or by

26 personal service, to the person incurring the penalty from the

27 department((~~, the administrator of the office of marine safety,~~))

28 or the local air authority, describing the violation with

29 reasonable particularity. Within fifteen days after the notice is

30 received, the person incurring the penalty may apply in writing to

31 the department((~~, the administrator,~~)) or the authority for the

32 remission or mitigation of the penalty. Upon receipt of the

33 application, the department((~~, the administrator,~~)) or authority

34 may remit or mitigate the penalty upon whatever terms the

35 department((~~, the administrator,~~)) or the authority in its

36 discretion deems proper. The department or the authority may

37 ascertain the facts regarding all such applications in such

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_1 reasonable manner and under such rules as it may deem proper and

_2 shall remit or mitigate the penalty only upon a demonstration of

_3 extraordinary circumstances such as the presence of information or

_4 factors not considered in setting the original penalty.

_5 (2) Any penalty imposed under this section may be appealed to

_6 the pollution control hearings board in accordance with this

_7 chapter if the appeal is filed with the hearings board and served

_8 on the department((~~, the administrator,~~)) or authority thirty days

_9 after receipt by the person penalized of the notice imposing the

10 penalty or thirty days after receipt of the notice of disposition

11 of the application for relief from penalty.

12 (3) A penalty shall become due and payable on the later of:

13 (a) Thirty days after receipt of the notice imposing the

14 penalty;

15 (b) Thirty days after receipt of the notice of disposition on

16 application for relief from penalty, if such an application is

17 made; or

18 (c) Thirty days after receipt of the notice of decision of the

19 hearings board if the penalty is appealed.

20 (4) If the amount of any penalty is not paid to the department

21 ((~~or the administrator~~)) within thirty days after it becomes due

22 and payable, the attorney general, upon request of the department

23 ((~~or the administrator~~)), shall bring an action in the name of the

24 state of Washington in the superior court of Thurston county, or

25 of any county in which the violator does business, to recover the

26 penalty. If the amount of the penalty is not paid to the authority

27 within thirty days after it becomes due and payable, the authority

28 may bring an action to recover the penalty in the superior court

29 of the county of the authority's main office or of any county in

30 which the violator does business. In these actions, the procedures

31 and rules of evidence shall be the same as in an ordinary civil

32 action.

33 (5) All penalties recovered shall be paid into the state

34 treasury and credited to the general fund except those penalties

35 imposed pursuant to RCW 18.104.155, which shall be credited to the

36 reclamation account as provided in RCW 18.104.155(7), RCW

37 70.94.431, the disposition of which shall be governed by that

38 provision, RCW 70.105.080, which shall be credited to the

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_1 hazardous waste control and elimination account, created by RCW

_2 70.105.180, and RCW 90.56.330, which shall be credited to the

_3 coastal protection fund created by RCW 90.48.390.

_4 Sec. 3. RCW 43.21B.310 and 1992 c 73 s 3 are each amended to read

_5 as follows:

_6 (1) Any order issued by the department((~~, the administrator of~~

_7 ~~the office of marine safety,~~)) or local air authority pursuant to

_8 RCW 70.94.211, 70.94.332, 70.105.095, 43.27A.190, 86.16.020,

_9 88.46.070, or 90.48.120(2) or any provision enacted after July 26,

10 1987, or any permit, certificate, or license issued by the

11 department may be appealed to the pollution control hearings board

12 if the appeal is filed with the board and served on the department

13 or authority within thirty days after receipt of the order. Except

14 as provided under chapter 70.105D RCW, this is the exclusive means

15 of appeal of such an order.

16 (2) The department((~~, the administrator,~~)) or the authority in

17 its discretion may stay the effectiveness of an order during the

18 pendency of such an appeal.

19 (3) At any time during the pendency of an appeal of such an

20 order to the board, the appellant may apply pursuant to RCW

21 43.21B.320 to the hearings board for a stay of the order or for

22 the removal thereof.

23 (4) Any appeal must contain the following in accordance with

24 the rules of the hearings board:

25 (a) The appellant's name and address;

26 (b) The date and docket number of the order, permit, or license

27 appealed;

28 (c) A description of the substance of the order, permit, or

29 license that is the subject of the appeal;

30 (d) A clear, separate, and concise statement of every error

31 alleged to have been committed;

32 (e) A clear and concise statement of facts upon which the

33 requester relies to sustain his or her statements of error; and

34 (f) A statement setting forth the relief sought.

35 (5) Upon failure to comply with any final order of the

36 department ((~~or the administrator~~)), the attorney general, on

37 request of the department ((~~or the administrator~~)), may bring an

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_1 action in the superior court of the county where the violation

_2 occurred or the potential violation is about to occur to obtain

_3 such relief as necessary, including injunctive relief, to insure

_4 compliance with the order. The air authorities may bring similar

_5 actions to enforce their orders.

_6 (6) An appealable decision or order shall be identified as such

_7 and shall contain a conspicuous notice to the recipient that it

_8 may be appealed only by filing an appeal with the hearings board

_9 and serving it on the department within thirty days of receipt.

10 Sec. 4. RCW 88.16.010 and 1991 c 200 s 1001 are each amended to

11 read as follows:

12 (1) The board of pilotage commissioners of the state of

13 Washington is hereby created and shall consist of the assistant

14 secretary of marine transportation of the department of

15 transportation of the state of Washington, or the assistant

16 secretary's designee who shall be an employee of the marine

17 division, who shall be chairperson, the ((~~administrator of the~~

18 ~~office of marine safety, or the administrator's~~)) director of the

19 department of ecology, or the director's designee, and seven

20 members appointed by the governor and confirmed by the senate. Each

21 of the appointed commissioners shall be appointed for a term of

22 four years from the date of the member's commission. No person

23 shall be eligible for appointment to the board unless that person

24 is at the time of appointment eighteen years of age or over and a

25 citizen of the United States and of the state of Washington. Two of

26 the appointed commissioners shall be pilots licensed under this

27 chapter and actively engaged in piloting upon the waters covered

28 by this chapter for at least three years immediately preceding the

29 time of appointment and while serving on the board. One pilot shall

30 be from the Puget Sound pilotage district and one shall be from

31 the Grays Harbor pilotage district. Two of the appointed

32 commissioners shall be actively engaged in the ownership,

33 operation, or management of deep sea cargo and/or passenger

34 carrying vessels for at least three years immediately preceding

35 the time of appointment and while serving on the board. One of

36 said shipping commissioners shall be a representative of American

37 and one of foreign shipping. One of the commissioners shall be a

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_1 representative from a recognized environmental organization

_2 concerned with marine waters. The remaining commissioners shall be

_3 persons interested in and concerned with pilotage, maritime

_4 safety, and marine affairs, with broad experience related to the

_5 maritime industry exclusive of experience as either a state

_6 licensed pilot or as a shipping representative.

_7 (2) Any vacancy in an appointed position on the board shall be

_8 filled by the governor for the remainder of the unfilled term,

_9 subject to confirmation by the senate.

10 (3) Five members of the board shall constitute a quorum. At

11 least one pilot, one shipping representative, and one public

12 member must be present at every meeting. All commissioners and the

13 chairperson shall have a vote.

14 Sec. 5. RCW 88.16.110 and 1991 c 200 s 1004 are each amended to

15 read as follows:

16 (1) Every pilot licensed under this chapter shall file with the

17 board not later than the tenth day of January, April, July and

18 October of each year a report for the preceding quarter. Said

19 report shall contain an account of all moneys received for

20 pilotage by him or her or by any other person for the pilot or on

21 the pilot's account or for his or her benefit. Said report shall

22 state the name of each vessel piloted, the amount charged to

23 and/or collected from each vessel, the port of registry of such

24 vessel, its dead weight tonnage, whether it was inward or outward

25 bound, whether the amount so received, collected or charged is in

26 full payment of pilotage and such other information as the board

27 shall by regulation prescribe.

28 (2) The report shall include information for each vessel that

29 suffers a grounding, collision, or other major marine casualty

30 that occurred while the pilot was on duty during the reporting

31 period. The report shall also include information on near miss

32 incidents as defined in RCW 88.46.100. Information concerning near

33 miss incidents provided pursuant to this section shall not be used

34 for imposing any sanctions or penalties. The board shall forward

35 information provided under this subsection to the ((~~office of~~

36 ~~marine safety~~)) department of ecology for inclusion in the

37 collision reporting system established under RCW 88.46.100.

‑‑‑ END ‑‑‑

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