AN
ACT Relating to correcting references to the former office of marine safety;
and amending RCW 42.17.2401, 43.21B.300, 43.21B.310, 88.16.010, and 88.16.110.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
42.17.2401 and 1996 c 186 s 504 are each amended to read as follows:
For
the purposes of RCW 42.17.240, the term "executive state officer"
includes:
(1)
The chief administrative law judge, the director of agriculture, ((the
administrator of the office of marine safety,)) the administrator of the
Washington basic health plan, the director of the department of services for
the blind, the director of the state system of community and technical
colleges, the director of community, trade, and economic development, the
secretary of corrections, the director of ecology, the commissioner of
employment security, the chairman of the energy facility site evaluation
council, the secretary of the state finance committee, the director of
financial management, the director of fish and wildlife, the executive
secretary of the forest practices appeals board, the director of the gambling
commission, the director of general administration, the secretary of health,
the administrator of the Washington state health care authority, the executive
secretary of the health care facilities authority, the executive secretary of
the higher education facilities authority, the executive secretary of the horse
racing commission, the executive secretary of the human rights commission, the
executive secretary of the indeterminate sentence review board, the director of
the department of information services, the director of the interagency
committee for outdoor recreation, the executive director of the state
investment board, the director of labor and industries, the director of
licensing, the director of the lottery commission, the director of the office
of minority and women's business enterprises, the director of parks and
recreation, the director of personnel, the executive director of the public
disclosure commission, the director of retirement systems, the director of
revenue, the secretary of social and health services, the chief of the
Washington state patrol, the executive secretary of the board of tax appeals,
the secretary of transportation, the secretary of the utilities and
transportation commission, the director of veterans affairs, the president of
each of the regional and state universities and the president of The Evergreen
State College, each district and each campus president of each state community
college;
(2)
Each professional staff member of the office of the governor;
(3)
Each professional staff member of the legislature; and
(4)
Central Washington University board of trustees, board of trustees of each
community college, each member of the state board for community and technical
colleges, state convention and trade center board of directors, committee for
deferred compensation, Eastern Washington University board of trustees,
Washington economic development finance authority, The Evergreen State College
board of trustees, executive ethics board, forest practices appeals board,
forest practices board, gambling commission, Washington health care facilities
authority, each member of the Washington health services commission, higher
education coordinating board, higher education facilities authority, horse
racing commission, state housing finance commission, human rights commission,
indeterminate sentence review board, board of industrial insurance appeals,
information services board, interagency committee for outdoor recreation, state
investment board, commission on judicial conduct, legislative ethics board,
liquor control board, lottery commission, marine oversight board, Pacific
Northwest electric power and conservation planning council, parks and
recreation commission, personnel appeals board, board of pilotage
commissioners, pollution control hearings board, public disclosure commission,
public pension commission, shorelines hearing board, public employees' benefits
board, board of tax appeals, transportation commission, University of
Washington board of regents, utilities and transportation commission,
Washington state maritime commission, Washington personnel resources board,
Washington public power supply system executive board, Washington State
University board of regents, Western Washington University board of trustees,
and fish and wildlife commission.
Sec.
2. RCW
43.21B.300 and 1993 c 387 s 23 are each amended to read as follows:
(1)
Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.105.080,
70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330 shall be
imposed by a notice in writing, either by certified mail with return receipt
requested or by personal service, to the person incurring the penalty from the
department((, the administrator of the office of marine safety,)) or the
local air authority, describing the violation with reasonable particularity.
Within fifteen days after the notice is received, the person incurring the
penalty may apply in writing to the department((, the administrator,))
or the authority for the remission or mitigation of the penalty. Upon receipt
of the application, the department((, the administrator,)) or authority
may remit or mitigate the penalty upon whatever terms the department((, the
administrator,)) or the authority in its discretion deems proper. The
department or the authority may ascertain the facts regarding all such
applications in such reasonable manner and under such rules as it may deem
proper and shall remit or mitigate the penalty only upon a demonstration of
extraordinary circumstances such as the presence of information or factors not
considered in setting the original penalty.
(2)
Any penalty imposed under this section may be appealed to the pollution control
hearings board in accordance with this chapter if the appeal is filed with the
hearings board and served on the department((, the administrator,)) or
authority thirty days after receipt by the person penalized of the notice
imposing the penalty or thirty days after receipt of the notice of disposition
of the application for relief from penalty.
(3)
A penalty shall become due and payable on the later of:
(a)
Thirty days after receipt of the notice imposing the penalty;
(b)
Thirty days after receipt of the notice of disposition on application for
relief from penalty, if such an application is made; or
(c)
Thirty days after receipt of the notice of decision of the hearings board if
the penalty is appealed.
(4)
If the amount of any penalty is not paid to the department ((or the
administrator)) within thirty days after it becomes due and payable, the
attorney general, upon request of the department ((or the administrator)),
shall bring an action in the name of the state of Washington in the superior
court of Thurston county, or of any county in which the violator does business,
to recover the penalty. If the amount of the penalty is not paid to the
authority within thirty days after it becomes due and payable, the authority
may bring an action to recover the penalty in the superior court of the county
of the authority's main office or of any county in which the violator does
business. In these actions, the procedures and rules of evidence shall be the
same as in an ordinary civil action.
(5)
All penalties recovered shall be paid into the state treasury and credited to
the general fund except those penalties imposed pursuant to RCW 18.104.155,
which shall be credited to the reclamation account as provided in RCW
18.104.155(7), RCW 70.94.431, the disposition of which shall be governed by
that provision, RCW 70.105.080, which shall be credited to the hazardous waste
control and elimination account, created by RCW 70.105.180, and RCW 90.56.330,
which shall be credited to the coastal protection fund created by RCW
90.48.390.
Sec.
3. RCW
43.21B.310 and 1992 c 73 s 3 are each amended to read as follows:
(1)
Any order issued by the department((, the administrator of the office of
marine safety,)) or local air authority pursuant to RCW 70.94.211,
70.94.332, 70.105.095, 43.27A.190, 86.16.020, 88.46.070, or 90.48.120(2) or any
provision enacted after July 26, 1987, or any permit, certificate, or license
issued by the department may be appealed to the pollution control hearings
board if the appeal is filed with the board and served on the department or
authority within thirty days after receipt of the order. Except as provided
under chapter 70.105D RCW, this is the exclusive means of appeal of such an
order.
(2)
The department((, the administrator,)) or the authority in its
discretion may stay the effectiveness of an order during the pendency of such
an appeal.
(3)
At any time during the pendency of an appeal of such an order to the board, the
appellant may apply pursuant to RCW 43.21B.320 to the hearings board for a stay
of the order or for the removal thereof.
(4)
Any appeal must contain the following in accordance with the rules of the
hearings board:
(a)
The appellant's name and address;
(b)
The date and docket number of the order, permit, or license appealed;
(c)
A description of the substance of the order, permit, or license that is the
subject of the appeal;
(d)
A clear, separate, and concise statement of every error alleged to have been
committed;
(e)
A clear and concise statement of facts upon which the requester relies to
sustain his or her statements of error; and
(f)
A statement setting forth the relief sought.
(5)
Upon failure to comply with any final order of the department ((or the
administrator)), the attorney general, on request of the department ((or
the administrator)), may bring an action in the superior court of the
county where the violation occurred or the potential violation is about to
occur to obtain such relief as necessary, including injunctive relief, to
insure compliance with the order. The air authorities may bring similar
actions to enforce their orders.
(6)
An appealable decision or order shall be identified as such and shall contain a
conspicuous notice to the recipient that it may be appealed only by filing an
appeal with the hearings board and serving it on the department within thirty
days of receipt.
Sec.
4. RCW
88.16.010 and 1991 c 200 s 1001 are each amended to read as follows:
(1)
The board of pilotage commissioners of the state of Washington is hereby
created and shall consist of the assistant secretary of marine transportation
of the department of transportation of the state of Washington, or the
assistant secretary's designee who shall be an employee of the marine division,
who shall be chairperson, the ((administrator of the office of marine
safety, or the administrator's)) director of the department of ecology,
or the director's designee, and seven members appointed by the governor and
confirmed by the senate. Each of the appointed commissioners shall be
appointed for a term of four years from the date of the member's commission.
No person shall be eligible for appointment to the board unless that person is
at the time of appointment eighteen years of age or over and a citizen of the
United States and of the state of Washington. Two of the appointed
commissioners shall be pilots licensed under this chapter and actively engaged
in piloting upon the waters covered by this chapter for at least three years
immediately preceding the time of appointment and while serving on the board.
One pilot shall be from the Puget Sound pilotage district and one shall be from
the Grays Harbor pilotage district. Two of the appointed commissioners shall
be actively engaged in the ownership, operation, or management of deep sea
cargo and/or passenger carrying vessels for at least three years immediately
preceding the time of appointment and while serving on the board. One of said
shipping commissioners shall be a representative of American and one of foreign
shipping. One of the commissioners shall be a representative from a recognized
environmental organization concerned with marine waters. The remaining
commissioners shall be persons interested in and concerned with pilotage,
maritime safety, and marine affairs, with broad experience related to the
maritime industry exclusive of experience as either a state licensed pilot or
as a shipping representative.
(2)
Any vacancy in an appointed position on the board shall be filled by the
governor for the remainder of the unfilled term, subject to confirmation by the
senate.
(3)
Five members of the board shall constitute a quorum. At least one pilot, one
shipping representative, and one public member must be present at every
meeting. All commissioners and the chairperson shall have a vote.
Sec.
5. RCW
88.16.110 and 1991 c 200 s 1004 are each amended to read as follows:
(1)
Every pilot licensed under this chapter shall file with the board not later
than the tenth day of January, April, July and October of each year a report
for the preceding quarter. Said report shall contain an account of all moneys
received for pilotage by him or her or by any other person for the pilot or on
the pilot's account or for his or her benefit. Said report shall state the
name of each vessel piloted, the amount charged to and/or collected from each
vessel, the port of registry of such vessel, its dead weight tonnage, whether
it was inward or outward bound, whether the amount so received, collected or
charged is in full payment of pilotage and such other information as the board
shall by regulation prescribe.
(2)
The report shall include information for each vessel that suffers a grounding,
collision, or other major marine casualty that occurred while the pilot was on
duty during the reporting period. The report shall also include information on
near miss incidents as defined in RCW 88.46.100. Information concerning near
miss incidents provided pursuant to this section shall not be used for imposing
any sanctions or penalties. The board shall forward information provided under
this subsection to the ((office of marine safety)) department of
ecology for inclusion in the collision reporting system established under
RCW 88.46.100.
