BILL REQ. #: Z-0687.3
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/11/09. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to eliminating boards and commissions on June 30, 2010; amending RCW 28C.18.050, 28C.18.090, 18.106.010, 18.106.040, 18.106.050, 18.106.070, 43.03.027, 43.03.028, 34.12.100, 42.17.370, 43.03.040, 43.63A.760, 18.250.010, 18.250.020, 18.250.060, 70.47.040, 43.70.665, 39.10.210, 39.10.230, 39.10.250, 39.10.270, 39.10.280, 39.10.290, 39.10.320, 39.10.350, 39.10.430, 39.10.460, 43.131.408, 39.04.350, 18.205.020, 18.205.060, 28A.300.520, 43.215.065, 72.09.495, 74.04.800, 74.13.031, 74.15.050, 74.15.060, 41.04.033, 41.04.0331, 41.04.0332, 43.101.380, 43.105.052, 72.23.025, 43.330.280, 43.160.060, 43.330.080, 43.330.250, 43.330.270, 82.33A.020, 39.102.040, 43.160.900, 43.330.050, 43.330.082, 43.330.310, 82.33A.010, 70.168.030, 70.168.050, 70.168.060, 70.168.130, 18.76.050, 38.52.030, 38.52.070, 38.52.240, 38.52.330, 46.48.170, 18.73.030, 18.73.101, 15.76.110, 15.76.150, 70.112.010, 70.112.020, 43.43.934, 43.43.962, 38.52.530, 49.26.120, 48.62.061, 41.05.035, 28B.76.280, 18.280.010, 18.280.030, 18.280.050, 18.280.060, 18.280.070, 18.280.080, 18.280.110, 18.280.120, 18.280.130, 43.330.090, 43.105.020, 43.105.041, 43.105.805, 43.105.820, 18.225.010, 18.225.040, 16.57.353, 18.50.045, 18.50.060, 18.50.105, 77.12.670, 77.08.045, 18.36A.020, 18.36A.080, 18.36A.110, 46.09.020, 43.30.820, 18.210.010, 18.210.050, 18.210.060, 70.118.110, 43.43.866, 43.10.240, 18.200.010, 18.200.050, 18.200.070, 13.60.110, 90.71.010, 90.71.210, 90.71.230, 90.71.240, 90.71.270, 90.71.310, 18.140.010, 18.140.030, 18.140.160, 18.140.170, 77.95.100, 77.95.180, 77.95.190, 82.58.020, 70.95.030, 43.21A.520, 70.105.010, 70.105.160, 46.16.316, 46.16.715, 46.16.725, 46.16.745, 46.16.755, 46.16.775, 46.16.30901, 46.16.30903, 46.16.30905, 46.16.30907, 46.16.30909, 46.16.30911, 46.16.30913, 46.16.30914, 46.16.30916, 46.16.30918, 46.16.30920, 46.16.30922, 46.16.30924, 46.16.30926, 46.16.30928, 70.119A.180, 90.86.030, 18.104.040, 18.104.043, 18.104.049, 18.104.100, 18.104.200, 28C.04.390, 28C.04.420, and 43.15.020; amending 2007 c 465 s 3 (uncodified); amending 2005 c 158 s 3 (uncodified); reenacting and amending RCW 74.15.030, 18.71.205, 77.12.690, and 46.16.233; creating new sections; repealing RCW 28B.50.254, 18.106.110, 18.250.030, 39.10.220, 39.10.240, 39.10.260, 43.34.080, 18.205.080, 43.63A.068, 43.101.310, 43.101.315, 43.101.320, 43.101.325, 43.101.330, 43.101.335, 43.101.340, 43.101.345, 43.105.055, 70.198.010, 43.215.090, 43.162.005, 43.162.010, 43.162.015, 43.162.020, 43.162.025, 43.162.030, 70.168.020, 38.52.040, 18.73.040, 18.73.050, 15.76.170, 70.112.030, 70.112.040, 70.112.050, 43.43.932, 43.43.936, 70.105E.070, 70.105E.090, 48.62.051, 48.62.041, 28B.76.100, 18.280.040, 10.98.200, 10.98.210, 10.98.220, 10.98.230, 10.98.240, 43.105.800, 43.105.810, 18.225.060, 18.225.070, 16.57.015, 71.09.320, 18.50.140, 18.50.150, 77.12.680, 18.36A.070, 46.09.280, 18.210.040, 18.210.070, 70.118.100, 43.43.858, 43.43.860, 43.43.862, 43.43.864, 10.29.030, 10.29.040, 10.29.080, 10.29.090, 18.200.060, 72.09.800, 13.60.120, 42.56.140, 90.71.250, 18.140.230, 18.140.240, 18.140.250, 77.95.110, 77.95.120, 70.95.040, 70.95.050, 70.95.070, 70.105.060, 46.16.705, 50.12.200, 70.119A.160, 18.104.190, 27.34.360, 27.34.365, 27.34.370, 27.34.375, and 27.34.380; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
NEW SECTION. Sec. 2 RCW 28B.50.254 (Advisory council on adult
education -- Workforce training and education coordinating board to
monitor) and 1991 c 238 s 19 are each repealed.
Sec. 3 RCW 28C.18.050 and 1995 c 130 s 3 are each amended to read
as follows:
(1) The board shall be designated as the state board of vocational
education as provided for in P.L. 98-524, as amended, and shall perform
such functions as is necessary to comply with federal directives
pertaining to the provisions of such law.
(2) The board shall perform the functions of the human resource
investment council as provided for in the federal job training
partnership act, P.L. 97-300, as amended.
(3) The board shall provide policy advice for any federal act
pertaining to workforce development that is not required by state or
federal law to be provided by another state body.
(4) Upon enactment of new federal initiatives relating to workforce
development, the board shall advise the governor and the legislature on
mechanisms for integrating the federal initiatives into the state's
workforce development system and make recommendations on the
legislative or administrative measures necessary to streamline and
coordinate state efforts to meet federal guidelines.
(5) The board shall monitor for consistency with the state
comprehensive plan for workforce training and education the policies
and plans established by the state job training coordinating council((,
the advisory council on adult education,)) and the Washington state
plan for adult basic education, and provide guidance for making such
policies and plans consistent with the state comprehensive plan for
workforce training and education.
Sec. 4 RCW 28C.18.090 and 1995 c 130 s 4 are each amended to read
as follows:
(1) The board shall specify, by December 31, 1995, the common core
data to be collected by the operating agencies of the state training
system and the standards for data collection and maintenance required
in RCW 28C.18.060(8).
(2) The minimum standards for program evaluation by operating
agencies required in RCW 28C.18.060(9) shall include biennial program
evaluations; the first of such evaluations shall be completed by the
operating agencies July 1, 1996. The program evaluation of adult basic
skills education shall be provided by the ((advisory council on adult
education)) board.
(3) The board shall complete, by January 1, 1996, its first
outcome-based evaluation and, by September 1, 1996, its nonexperimental
net-impact and cost-benefit evaluations of the training system. The
outcome, net-impact, and cost-benefit evaluations shall for the first
evaluations, include evaluations of each of the following programs:
Secondary vocational-technical education, work-related adult basic
skills education, postsecondary workforce training, job training
partnership act titles II and III, as well as of the system as a whole.
(4) The board shall use the results of its outcome, net-impact, and
cost-benefit evaluations to develop and make recommendations to the
legislature and the governor for the modification, consolidation,
initiation, or elimination of workforce training and education programs
in the state.
The board shall perform the requirements of this section in
cooperation with the operating agencies.
NEW SECTION. Sec. 5 RCW 18.106.110 (Advisory board of plumbers)
and 2006 c 185 s 4, 1997 c 307 s 1, 1995 c 95 s 1, 1975-'76 2nd ex.s.
c 34 s 56, & 1973 1st ex.s. c 175 s 11 are each repealed.
Sec. 6 RCW 18.106.010 and 2006 c 185 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory board" means the state advisory board of plumbers.)) "Contractor" means any person, corporate or otherwise, who
engages in, or offers or advertises to engage in, any work covered by
the provisions of this chapter by way of trade or business, or any
person, corporate or otherwise, who employs anyone, or offers or
advertises to employ anyone, to engage in any work covered by the
provisions of this chapter.
(2)
(((3))) (2) "Department" means the department of labor and
industries.
(((4))) (3) "Director" means the director of department of labor
and industries.
(((5))) (4) "Journeyman plumber" means any person who has been
issued a certificate of competency by the department of labor and
industries as provided in this chapter.
(((6))) (5) "Like-in-kind" means having similar characteristics
such as plumbing size, type, and function, and being in the same
location.
(((7))) (6) "Medical gas piping" means oxygen, nitrous oxide, high
pressure nitrogen, medical compressed air, and medical vacuum systems.
(((8))) (7) "Medical gas piping installer" means a journeyman
plumber who has been issued a medical gas piping installer endorsement.
(((9))) (8) "Plumbing" means that craft involved in installing,
altering, repairing and renovating potable water systems, liquid waste
systems, and medical gas piping systems within a building.
Installation in a water system of water softening or water treatment
equipment is not within the meaning of plumbing as used in this
chapter.
(((10))) (9) "Specialty plumber" means anyone who has been issued
a specialty certificate of competency limited to:
(a) Installation, maintenance, and repair of the plumbing of
single-family dwellings, duplexes, and apartment buildings that do not
exceed three stories;
(b) Maintenance and repair of backflow prevention assemblies; or
(c) A domestic water pumping system consisting of the installation,
maintenance, and repair of the pressurization, treatment, and
filtration components of a domestic water system consisting of: One or
more pumps; pressure, storage, and other tanks; filtration and
treatment equipment; if appropriate, a pitless adapter; along with
valves, transducers, and other plumbing components that:
(i) Are used to acquire, treat, store, or move water suitable for
either drinking or other domestic purposes, including irrigation, to:
(A) A single-family dwelling, duplex, or other similar place of
residence; (B) a public water system, as defined in RCW 70.119.020 and
as limited under RCW 70.119.040; or (C) a farm owned and operated by a
person whose primary residence is located within thirty miles of any
part of the farm;
(ii) Are located within the interior space, including but not
limited to an attic, basement, crawl space, or garage, of a residential
structure, which space is separated from the living area of the
residence by a lockable entrance and fixed walls, ceiling, or floor;
(iii) If located within the interior space of a residential
structure, are connected to a plumbing distribution system supplied and
installed into the interior space by either: (A) A person who,
pursuant to RCW 18.106.070 or 18.106.090, possesses a valid temporary
permit or certificate of competency as a journeyman plumber, specialty
plumber, or trainee, as defined in this chapter; or (B) a person exempt
from the requirement to obtain a certified plumber to do such plumbing
work under RCW 18.106.150.
Sec. 7 RCW 18.106.040 and 2006 c 185 s 2 are each amended to read
as follows:
(1) Upon receipt of the application and evidence set forth in RCW
18.106.030, the director shall review the same and make a determination
as to whether the applicant is eligible to take an examination for the
certificate of competency. To be eligible to take the examination:
(a) Each applicant for a journeyman plumber's certificate of
competency shall furnish written evidence that he or she has completed
a course of study in the plumbing trade in the armed services of the
United States or at a school licensed by the workforce training and
education coordinating board, or has had four or more years of
experience under the direct supervision of a licensed journeyman
plumber.
(b) Each applicant for a specialty plumber's certificate of
competency under RCW 18.106.010(((10))) (9)(a) shall furnish written
evidence that he or she has completed a course of study in the plumbing
trade in the armed services of the United States or at a school
licensed by the workforce training and education coordinating board
under chapter 28C.10 RCW, or that he or she has had at least three
years practical experience in the specialty.
(c) Each applicant for a specialty plumber's certificate of
competency under RCW 18.106.010(((10))) (9) (b) or (c) shall furnish
written evidence that he or she is eligible to take the examination.
These eligibility requirements for the specialty plumbers defined by
RCW 18.106.010(((10))) (9)(c) shall be one year of practical experience
working on pumping systems not exceeding one hundred gallons per
minute, and two years of practical experience working on pumping
systems exceeding one hundred gallons per minute, or equivalent as
determined by rule by the department ((in consultation with the
advisory board)), and that experience may be obtained at the same time
the individual is meeting the experience required by RCW 19.28.191.
The eligibility requirements for other specialty plumbers shall be
established by rule by the director pursuant to subsection (2)(b) of
this section.
(2)(a) The director shall establish reasonable rules for the
examinations to be given applicants for certificates of competency.
((In establishing the rules, the director shall consult with the state
advisory board of plumbers as established in RCW 18.106.110.))
(b) The director shall establish reasonable criteria by rule for
determining an applicant's eligibility to take an examination for the
certificate of competency for specialty plumbers under subsection
(1)(c) of this section. ((In establishing the criteria, the director
shall consult with the state advisory board of plumbers as established
in RCW 18.106.110.)) These rules must take effect by December 31,
2006.
(3) Upon determination that the applicant is eligible to take the
examination, the director shall so notify the applicant, indicating the
time and place for taking the same.
(4) No other requirement for eligibility may be imposed.
Sec. 8 RCW 18.106.050 and 2006 c 185 s 3 are each amended to read
as follows:
(1) The department((, with the advice of the advisory board,))
shall prepare a written examination to be administered to applicants
for certificates of competency for journeyman plumber and specialty
plumber. The examination shall be constructed to determine:
(a) Whether the applicant possesses varied general knowledge of the
technical information and practical procedures that are identified with
the trade of journeyman plumber or specialty plumber; and
(b) Whether the applicant is familiar with the applicable plumbing
codes and the administrative rules of the department pertaining to
plumbing and plumbers.
(2) The department((, with the consent of the advisory board,)) may
enter into a contract with a nationally recognized testing agency to
develop, administer, and score any examinations required by this
chapter. All applicants shall, before taking an examination, pay the
required examination fee. The department shall set the examination fee
by contract with a nationally recognized testing agency. The fee shall
cover but not exceed the costs of preparing and administering the
examination and the materials necessary to conduct the practical
elements of the examination. The department shall approve training
courses and set the fees for training courses for examinations provided
by this chapter.
(3) An examination to determine the competency of an applicant for
a domestic water pumping system specialty plumbing certificate as
defined by RCW 18.106.010(((10))) (9)(c) must be established by the
department ((in consultation with the advisory board by December 31,
2006)). The department may include an examination for appropriate
electrical safety and technical requirements as required by RCW
19.28.191 with the examination required by this section. The
department((, in consultation with the advisory board,)) may accept the
certification by a professional or trade association or other
acceptable entity as meeting the examination requirement of this
section. Individuals who can provide evidence to the department prior
to January 1, 2007, that they have been employed in the pump and
irrigation business as defined by RCW 18.106.010(((10))) (9)(c) for not
less than four thousand hours in the most recent four calendar years
shall be issued the appropriate certificate by the department upon
receiving such documentation and applicable fees. The department shall
establish a single document for those who have received both the
plumbing specialty certification defined by this subsection and have
also met the certification requirements for a pump and irrigation or
domestic pump specialty electrician, showing that the individual has
received both certifications.
(4) The department shall certify the results of the examinations
provided by this chapter, and shall notify the applicant in writing
whether he or she has passed or failed. Any applicant who has failed
the examination may retake the examination, upon the terms and after a
period of time that the director shall set by rule. The director may
not limit the number of times that a person may take the examination.
Sec. 9 RCW 18.106.070 and 2006 c 185 s 10 are each amended to
read as follows:
(1) The department shall issue a certificate of competency to all
applicants who have passed the examination and have paid the fee for
the certificate. The certificate shall bear the date of issuance, and
shall expire on the birthdate of the holder immediately following the
date of issuance. The certificate shall be renewable every other year,
upon application, on or before the birthdate of the holder, except for
specialty plumbers defined by RCW 18.106.010(((10))) (9)(c) who also
have an electrical certification issued jointly as provided by RCW
18.106.050(3) in which case their certificate shall be renewable every
three years on or before the birthdate of the holder. The department
shall renew a certificate of competency if the applicant: (a) Pays the
renewal fee assessed by the department; and (b) during the past two
years has completed sixteen hours of continuing education approved by
the department ((with the advice of the advisory board)), including
four hours related to electrical safety. For holders of the specialty
plumber certificate under RCW 18.106.010(((10))) (9)(c), the continuing
education may comprise both electrical and plumbing education with a
minimum of twelve of the required twenty-four hours of continuing
education in plumbing. If a person fails to renew the certificate by
the renewal date, he or she must pay a doubled fee. If the person does
not renew the certificate within ninety days of the renewal date, he or
she must retake the examination and pay the examination fee.
The journeyman plumber and specialty plumber certificates of
competency, the medical gas piping installer endorsement, and the
temporary permit provided for in this chapter grant the holder the
right to engage in the work of plumbing as a journeyman plumber,
specialty plumber, or medical gas piping installer, in accordance with
their provisions throughout the state and within any of its political
subdivisions on any job or any employment without additional proof of
competency or any other license or permit or fee to engage in the work.
This section does not preclude employees from adhering to a union
security clause in any employment where such a requirement exists.
(2) A person who is indentured in an apprenticeship program
approved under chapter 49.04 RCW for the plumbing construction trade or
who is learning the plumbing construction trade may work in the
plumbing construction trade if supervised by a certified journeyman
plumber or a certified specialty plumber in that plumber's specialty.
All apprentices and individuals learning the plumbing construction
trade shall obtain a plumbing training certificate from the department.
The certificate shall authorize the holder to learn the plumbing
construction trade while under the direct supervision of a journeyman
plumber or a specialty plumber working in his or her specialty. The
holder of the plumbing training certificate shall renew the certificate
annually. At the time of renewal, the holder shall provide the
department with an accurate list of the holder's employers in the
plumbing construction industry for the previous year and the number of
hours worked for each employer. An annual fee shall be charged for the
issuance or renewal of the certificate. The department shall set the
fee by rule. The fee shall cover but not exceed the cost of
administering and enforcing the trainee certification and supervision
requirements of this chapter. Apprentices and individuals learning the
plumbing construction trade shall have their plumbing training
certificates in their possession at all times that they are performing
plumbing work. They shall show their certificates to an authorized
representative of the department at the representative's request.
(3) Any person who has been issued a plumbing training certificate
under this chapter may work if that person is under supervision.
Supervision shall consist of a person being on the same job site and
under the control of either a journeyman plumber or an appropriate
specialty plumber who has an applicable certificate of competency
issued under this chapter. Either a journeyman plumber or an
appropriate specialty plumber shall be on the same job site as the
noncertified individual for a minimum of seventy-five percent of each
working day unless otherwise provided in this chapter. The ratio of
noncertified individuals to certified journeymen or specialty plumbers
working on a job site shall be: (a) Not more than two noncertified
plumbers working on any one job site for every certified specialty
plumber or journeyman plumber working as a specialty plumber; and (b)
not more than one noncertified plumber working on any one job site for
every certified journeyman plumber working as a journeyman plumber.
An individual who has a current training certificate and who has
successfully completed or is currently enrolled in an approved
apprenticeship program or in a technical school program in the plumbing
construction trade in a school approved by the workforce training and
education coordinating board, may work without direct on-site
supervision during the last six months of meeting the practical
experience requirements of this chapter.
(4) An individual who has a current training certificate and who
has successfully completed or is currently enrolled in a medical gas
piping installer training course approved by the department may work on
medical gas piping systems if the individual is under the direct
supervision of a certified medical gas piping installer who holds a
medical gas piping installer endorsement one hundred percent of a
working day on a one-to-one ratio.
(5) The training to become a certified plumber must include not
less than sixteen hours of classroom training established by the
director ((with the advice of the advisory board)). The classroom
training must include, but not be limited to, electrical wiring safety,
grounding, bonding, and other related items plumbers need to know to
work under RCW 19.28.091.
(6) All persons who are certified plumbers before January 1, 2003,
are deemed to have received the classroom training required in
subsection (5) of this section.
Sec. 10 RCW 43.03.027 and 1970 ex.s. c 43 s 1 are each amended to
read as follows:
It is hereby declared to be the public policy of this state to base
the salaries of public officials on realistic standards in order that
such officials may be paid according to the true value of their
services and the best qualified citizens may be attracted to public
service. It is the purpose of ((RCW 43.03.027, 43.03.028,)) this
section and RCW 43.03.040((, 43.03.045 and 43.03.047)) to effectuate
this policy by utilizing the expert knowledge of citizens having access
to pertinent facts concerning proper salaries for public officials,
thus removing and dispelling any thought of political consideration in
fixing the appropriateness of the amount of such salaries.
Sec. 11 RCW 43.03.028 and 2007 c 241 s 3 are each amended to read
as follows:
(1) ((There is hereby created a state committee on agency
officials' salaries to consist of seven members, or their designees, as
follows: The president of the University of Puget Sound; the
chairperson of the council of presidents of the state's four-year
institutions of higher education; the chairperson of the Washington
personnel resources board; the president of the Association of
Washington Business; the president of the Pacific Northwest Personnel
Managers' Association; the president of the Washington State Bar
Association; and the president of the Washington State Labor Council.
If any of the titles or positions mentioned in this subsection are
changed or abolished, any person occupying an equivalent or like
position shall be qualified for appointment by the governor to
membership upon the committee.)) The department of personnel shall study the
duties and salaries of the directors of the several departments and the
members of the several boards and commissions of state government, who
are subject to appointment by the governor or whose salaries are fixed
by the governor, and of the chief executive officers of the following
agencies of state government:
(2) The committee
The arts commission; the human rights commission; the board of
accountancy; the board of pharmacy; the eastern Washington historical
society; the Washington state historical society; the recreation and
conservation office; the criminal justice training commission; the
department of personnel; the state library; the traffic safety
commission; the horse racing commission; the advisory council on
vocational education; the public disclosure commission; the state
conservation commission; the commission on Hispanic affairs; the
commission on Asian Pacific American affairs; the state board for
volunteer firefighters and reserve officers; the transportation
improvement board; the public employment relations commission; the
forest practices appeals board; and the energy facilities site
evaluation council.
((The committee)) (2) The department of personnel shall report to
the governor or the chairperson of the appropriate salary fixing
authority at least once in each fiscal biennium on such date as the
governor may designate, but not later than seventy-five days prior to
the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for
each position.
(((3) Committee members shall be reimbursed by the department of
personnel for travel expenses under RCW 43.03.050 and 43.03.060.))
Sec. 12 RCW 34.12.100 and 1986 c 155 s 10 are each amended to
read as follows:
The chief administrative law judge shall be paid a salary fixed by
the governor after recommendation of the ((state committee on agency
officials' salaries)) department of personnel. The salaries of
administrative law judges appointed under the terms of this chapter
shall be determined by the chief administrative law judge after
recommendation of the ((state committee on agency officials' salaries))
department of personnel.
Sec. 13 RCW 42.17.370 and 1995 c 397 s 17 are each amended to
read as follows:
The commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable administrative
rules to carry out the policies and purposes of this chapter, which
rules shall be adopted under chapter 34.05 RCW. Any rule relating to
campaign finance, political advertising, or related forms that would
otherwise take effect after June 30th of a general election year shall
take effect no earlier than the day following the general election in
that year;
(2) Appoint and set, within the limits established by the
((committee on agency officials' salaries)) department of personnel
under RCW 43.03.028, the compensation of an executive director who
shall perform such duties and have such powers as the commission may
prescribe and delegate to implement and enforce this chapter
efficiently and effectively. The commission shall not delegate its
authority to adopt, amend, or rescind rules nor shall it delegate
authority to determine whether an actual violation of this chapter has
occurred or to assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in
its judgment will tend to promote the purposes of this chapter,
including reports and statistics concerning campaign financing,
lobbying, financial interests of elected officials, and enforcement of
this chapter;
(4) Make from time to time, on its own motion, audits and field
investigations;
(5) Make public the time and date of any formal hearing set to
determine whether a violation has occurred, the question or questions
to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel
attendance, take evidence and require the production of any books,
papers, correspondence, memorandums, or other records relevant or
material for the purpose of any investigation authorized under this
chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees of
obligations to comply with the provisions of this chapter relating to
election campaigns, if they have not received contributions nor made
expenditures in connection with any election campaign of more than one
thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping
accounts of and reporting on a quarterly basis costs incurred by state
agencies, counties, cities, and other municipalities and political
subdivisions in preparing, publishing, and distributing legislative
information. The term "legislative information," for the purposes of
this subsection, means books, pamphlets, reports, and other materials
prepared, published, or distributed at substantial cost, a substantial
purpose of which is to influence the passage or defeat of any
legislation. The state auditor in his or her regular examination of
each agency under chapter 43.09 RCW shall review the rules, accounts,
and reports and make appropriate findings, comments, and
recommendations in his or her examination reports concerning those
agencies;
(10) After hearing, by order approved and ratified by a majority of
the membership of the commission, suspend or modify any of the
reporting requirements of this chapter in a particular case if it finds
that literal application of this chapter works a manifestly
unreasonable hardship and if it also finds that the suspension or
modification will not frustrate the purposes of the chapter. The
commission shall find that a manifestly unreasonable hardship exists if
reporting the name of an entity required to be reported under RCW
42.17.241(1)(g)(ii) would be likely to adversely affect the competitive
position of any entity in which the person filing the report or any
member of his or her immediate family holds any office, directorship,
general partnership interest, or an ownership interest of ten percent
or more. Any suspension or modification shall be only to the extent
necessary to substantially relieve the hardship. The commission shall
act to suspend or modify any reporting requirements only if it
determines that facts exist that are clear and convincing proof of the
findings required under this section. Requests for renewals of
reporting modifications may be heard in a brief adjudicative proceeding
as set forth in RCW 34.05.482 through 34.05.494 and in accordance with
the standards established in this section. No initial request may be
heard in a brief adjudicative proceeding and no request for renewal may
be heard in a brief adjudicative proceeding if the initial request was
granted more than three years previously or if the applicant is holding
an office or position of employment different from the office or
position held when the initial request was granted. The commission
shall adopt administrative rules governing the proceedings. Any
citizen has standing to bring an action in Thurston county superior
court to contest the propriety of any order entered under this section
within one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more often than
every two years, the monetary reporting thresholds and reporting code
values of this chapter. The revisions shall be only for the purpose of
recognizing economic changes as reflected by an inflationary index
recommended by the office of financial management. The revisions shall
be guided by the change in the index for the period commencing with the
month of December preceding the last revision and concluding with the
month of December preceding the month the revision is adopted. As to
each of the three general categories of this chapter (reports of
campaign finance, reports of lobbyist activity, and reports of the
financial affairs of elected and appointed officials), the revisions
shall equally affect all thresholds within each category. Revisions
shall be adopted as rules under chapter 34.05 RCW. The first revision
authorized by this subsection shall reflect economic changes from the
time of the last legislative enactment affecting the respective code or
threshold through December 1985;
(12) Develop and provide to filers a system for certification of
reports required under this chapter which are transmitted by facsimile
or electronically to the commission. Implementation of the program is
contingent on the availability of funds.
Sec. 14 RCW 43.03.040 and 1993 sp.s. c 24 s 914 are each amended
to read as follows:
The directors of the several departments and members of the several
boards and commissions, whose salaries are fixed by the governor and
the chief executive officers of the agencies named in RCW
43.03.028(((2))) (1) as now or hereafter amended shall each severally
receive such salaries, payable in monthly installments, as shall be
fixed by the governor or the appropriate salary fixing authority, in an
amount not to exceed the recommendations of the ((committee on agency
officials' salaries. Beginning July 1, 1993, through June 30, 1995,
the salary paid to such directors and members of boards and commissions
shall not exceed the amount paid as of April 1, 1993)) department of
personnel.
Sec. 15 RCW 43.63A.760 and 2003 1st sp.s. c 26 s 928 are each
amended to read as follows:
(1) The airport impact mitigation account is created in the custody
of the state treasury. Moneys deposited in the account, including
moneys received from the port of Seattle for purposes of this section,
may be used only for airport mitigation purposes as provided in this
section. Only the director of the department of community, trade, and
economic development or the director's designee may authorize
expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
(2) The department of community, trade, and economic development
shall establish a competitive process to prioritize applications for
airport impact mitigation assistance through the account created in
subsection (1) of this section. The department shall conduct a
solicitation of project applications in the airport impact area as
defined in subsection (((4))) (3) of this section. Eligible applicants
include public entities such as cities, counties, schools, parks, fire
districts, and shall include organizations eligible to apply for grants
under RCW 43.63A.125. The department of community, trade, and economic
development shall evaluate and rank applications ((in conjunction with
the airport impact mitigation advisory board established in subsection
(3) of this section)) using objective criteria developed by the
department ((in conjunction with the airport impact mitigation advisory
board)). At a minimum, the criteria must consider: The extent to
which the applicant is impacted by the airport; and the other resources
available to the applicant to mitigate the impact, including other
mitigation funds. The director of the department of community, trade,
and economic development shall award grants annually to the extent
funds are available in the account created in subsection (1) of this
section.
(3) ((The director of the department of community, trade, and
economic development shall establish the airport impact mitigation
advisory board comprised of persons in the airport impact area to
assist the director in developing criteria and ranking applications
under this section. The advisory board shall include representation of
local governments, the public in general, businesses, schools,
community services organizations, parks and recreational activities,
and others at the discretion of the director. The advisory board shall
be weighted toward those communities closest to the airport that are
more adversely impacted by airport activities.)) The airport impact area includes the incorporated areas of
Burien, Normandy Park, Des Moines, SeaTac, Tukwilla, Kent, and Federal
Way, and the unincorporated portion of west King county.
(4)
(((5))) (4) The department of community, trade, and economic
development shall report on its activities related to the account
created in this section by January 1, 2004, and each January 1st
thereafter.
NEW SECTION. Sec. 16 RCW 18.250.030 (Athletic training advisory
committee) and 2007 c 253 s 4 are each repealed.
Sec. 17 RCW 18.250.010 and 2007 c 253 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Athlete" means a person who participates in exercise,
recreation, sport, or games requiring physical strength,
range-of-motion, flexibility, body awareness and control, speed,
stamina, or agility, and the exercise, recreation, sports, or games are
of a type conducted in association with an educational institution or
professional, amateur, or recreational sports club or organization.
(2) "Athletic injury" means an injury or condition sustained by an
athlete that affects the person's participation or performance in
exercise, recreation, sport, or games and the injury or condition is
within the professional preparation and education of an athletic
trainer.
(3) "Athletic trainer" means a person who is licensed under this
chapter. An athletic trainer can practice athletic training through
the consultation, referral, or guidelines of a licensed health care
provider working within their scope of practice.
(4)(a) "Athletic training" means the application of the following
principles and methods as provided by a licensed athletic trainer:
(i) Risk management and prevention of athletic injuries through
preactivity screening and evaluation, educational programs, physical
conditioning and reconditioning programs, application of commercial
products, use of protective equipment, promotion of healthy behaviors,
and reduction of environmental risks;
(ii) Recognition, evaluation, and assessment of athletic injuries
by obtaining a history of the athletic injury, inspection and palpation
of the injured part and associated structures, and performance of
specific testing techniques related to stability and function to
determine the extent of an injury;
(iii) Immediate care of athletic injuries, including emergency
medical situations through the application of first-aid and emergency
procedures and techniques for nonlife-threatening or life-threatening
athletic injuries;
(iv) Treatment, rehabilitation, and reconditioning of athletic
injuries through the application of physical agents and modalities,
therapeutic activities and exercise, standard reassessment techniques
and procedures, commercial products, and educational programs, in
accordance with guidelines established with a licensed health care
provider as provided in RCW 18.250.070; and
(v) Referral of an athlete to an appropriately licensed health care
provider if the athletic injury requires further definitive care or the
injury or condition is outside an athletic trainer's scope of practice,
in accordance with RCW 18.250.070.
(b) "Athletic training" does not include:
(i) The use of spinal adjustment or manipulative mobilization of
the spine and its immediate articulations;
(ii) Orthotic or prosthetic services with the exception of
evaluation, measurement, fitting, and adjustment of temporary,
prefabricated or direct-formed orthosis as defined in chapter 18.200
RCW;
(iii) The practice of occupational therapy as defined in chapter
18.59 RCW;
(iv) The practice of acupuncture as defined in chapter 18.06 RCW;
(v) Any medical diagnosis; and
(vi) Prescribing legend drugs or controlled substances, or surgery.
(5) (("Committee" means the athletic training advisory committee.)) "Department" means the department of health.
(6)
(((7))) (6) "Licensed health care provider" means a physician,
physician assistant, osteopathic physician, osteopathic physician
assistant, advanced registered nurse practitioner, naturopath, physical
therapist, chiropractor, dentist, massage practitioner, acupuncturist,
occupational therapist, or podiatric physician and surgeon.
(((8))) (7) "Secretary" means the secretary of health or the
secretary's designee.
Sec. 18 RCW 18.250.020 and 2007 c 253 s 3 are each amended to
read as follows:
(1) In addition to any other authority provided by law, the
secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to
implement this chapter;
(b) Establish all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this
chapter;
(d) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250 and 43.70.280.
All fees collected under this section must be credited to the health
professions account as required under RCW 43.70.320;
(e) Develop and administer, or approve, or both, examinations to
applicants for a license under this chapter;
(f) Issue a license to any applicant who has met the education,
training, and examination requirements for licensure and deny a license
to applicants who do not meet the minimum qualifications for licensure.
However, denial of licenses based on unprofessional conduct or impaired
practice is governed by the uniform disciplinary act, chapter 18.130
RCW;
(g) ((In consultation with the committee,)) Approve examinations
prepared or administered by private testing agencies or organizations
for use by an applicant in meeting the licensing requirements under RCW
18.250.060;
(h) Determine which states have credentialing requirements
substantially equivalent to those of this state, and issue licenses to
individuals credentialed in those states that have successfully
fulfilled the requirements of RCW 18.250.080;
(i) Hire clerical, administrative, and investigative staff as
needed to implement and administer this chapter;
(j) Maintain the official department record of all applicants and
licensees; and
(k) Establish requirements and procedures for an inactive license.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and the
discipline of licensees under this chapter.
Sec. 19 RCW 18.250.060 and 2007 c 253 s 7 are each amended to
read as follows:
An applicant for an athletic trainer license must:
(1) Have received a bachelor's or advanced degree from an
accredited four-year college or university that meets the academic
standards of athletic training, accepted by the secretary((, as advised
by the committee));
(2) Have successfully completed an examination administered or
approved by the secretary((, in consultation with the committee)); and
(3) Submit an application on forms prescribed by the secretary and
pay the licensure fee required under this chapter.
Sec. 20 RCW 70.47.040 and 1993 c 492 s 211 are each amended to
read as follows:
(1) The Washington basic health plan is created as a program within
the Washington state health care authority. The administrative head
and appointing authority of the plan shall be the administrator of the
Washington state health care authority. The administrator shall
appoint a medical director. The medical director and up to five other
employees of the plan shall be exempt from the civil service law,
chapter 41.06 RCW.
(2) The administrator shall employ such other staff as are
necessary to fulfill the responsibilities and duties of the
administrator, such staff to be subject to the civil service law,
chapter 41.06 RCW. In addition, the administrator may contract with
third parties for services necessary to carry out its activities where
this will promote economy, avoid duplication of effort, and make best
use of available expertise. Any such contractor or consultant shall be
prohibited from releasing, publishing, or otherwise using any
information made available to it under its contractual responsibility
without specific permission of the plan. The administrator may call
upon other agencies of the state to provide available information as
necessary to assist the administrator in meeting its responsibilities
under this chapter, which information shall be supplied as promptly as
circumstances permit.
(3) The administrator may appoint such technical or advisory
committees as he or she deems necessary. ((The administrator shall
appoint a standing technical advisory committee that is representative
of health care professionals, health care providers, and those directly
involved in the purchase, provision, or delivery of health care
services, as well as consumers and those knowledgeable of the ethical
issues involved with health care public policy. Individuals appointed
to any technical or other advisory committee shall serve without
compensation for their services as members, but may be reimbursed for
their travel expenses pursuant to RCW 43.03.050 and 43.03.060.))
(4) The administrator may apply for, receive, and accept grants,
gifts, and other payments, including property and service, from any
governmental or other public or private entity or person, and may make
arrangements as to the use of these receipts, including the undertaking
of special studies and other projects relating to health care costs and
access to health care.
(5) Whenever feasible, the administrator shall reduce the
administrative cost of operating the program by adopting joint policies
or procedures applicable to both the basic health plan and employee
health plans.
Sec. 21 RCW 43.70.665 and 2006 c 55 s 1 are each amended to read
as follows:
(1) The legislature finds that Washington state has the highest
incidence of breast cancer in the nation. Despite this, mortality
rates from breast cancer have declined due largely to early screening
and detection. Invasive cervical cancer is the most preventable type
of cancer. The Pap test, used to detect early signs of this disease,
has been called "medicine's most successful screening test." Applied
consistently, invasive cervical cancer could nearly be eliminated. The
legislature further finds that increasing access to breast and cervical
cancer screening is critical to reducing incidence and mortality rates,
and eliminating the disparities of this disease in women in Washington
state. Furthermore, the legislature finds there is a need for a
permanent program providing early detection and screening to the women
and families of Washington state.
It is the intent of the legislature to establish an early detection
breast and cervical cancer screening program as a voluntary screening
program directed at reducing mortalities through early detection to be
offered to eligible women only as funds are available.
(2) As used in this section:
(a) "Eligible woman" means a woman who is age forty to sixty-four,
and whose income is at or below two hundred fifty percent of the
federal poverty level, as published annually by the federal department
of health and human services. Priority enrollment shall be given to
women as defined by the federal national breast and cervical cancer
early detection program, under P.L. 101-354.
(b) "Approved providers" means those state-supported health
providers, radiology facilities, and cytological laboratories that are
recognized by the department as meeting the minimum program policies
and procedures adopted by the department to qualify under the federal
national breast and cervical cancer early detection program, and are
designated as eligible for funding by the department.
(c) "Comprehensive" means a screening program that focuses on
breast and cervical cancer screening as a preventive health measure,
and includes diagnostic and case management services.
(3) The department of health is authorized to administer a state-supported early detection breast and cervical cancer screening program
to assist eligible women with preventive health services. To the
extent of available funding, eligible women may be enrolled in the
early detection breast and cervical cancer screening program and
additional eligible women may be enrolled to the extent that grants and
contributions from community sources provide sufficient funds for
expanding the program.
(4) Funds appropriated for the state program shall be used only to
operate early detection breast and cervical cancer screening programs
that have been approved by the department, or to increase access to
existing state-approved programs, and shall not supplant federally
supported breast and cervical cancer early detection programs.
(5) Enrollment in the early detection breast and cervical cancer
screening program shall not result in expenditures that exceed the
amount that has been appropriated for the program in the operating
budget. If it appears that continued enrollment will result in
expenditures exceeding the appropriated level for a particular fiscal
year, the department may freeze new enrollment in the program. Nothing
in this section prevents the department from continuing enrollment in
the program if there are adequate private or public funds in addition
to those appropriated in the biennial budget to support the cost of
such enrollment.
(((6) The department shall establish a medical advisory committee
composed of interested medical professionals and consumer liaisons with
expertise in a variety of areas relevant to breast and cervical health
to provide expert medical advice and guidance. The medical advisory
committee shall address national, state, and local concerns regarding
best practices in the field of early prevention and detection for
breast and cervical cancer and assist the early detection breast and
cervical cancer screening program in implementing program policy that
follows the best practices of high quality health care for clinical,
diagnostic, pathologic, radiological, and oncology services.))
NEW SECTION. Sec. 22 The following acts or parts of acts are
each repealed:
(1) RCW 39.10.220 (Board -- Membership -- Vacancies) and 2007 c 494 s
102 & 2005 c 377 s 1;
(2) RCW 39.10.240 (Project review committee -- Creation -- Members) and
2007 c 494 s 104; and
(3) RCW 39.10.260 (Project review committee -- Meetings -- Open and
public) and 2007 c 494 s 106.
Sec. 23 RCW 39.10.210 and 2007 c 494 s 101 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Alternative public works contracting procedure" means the
design-build, general contractor/construction manager, and job order
contracting procedures authorized in RCW 39.10.300, 39.10.340, and
39.10.420, respectively.
(2) (("Board" means the capital projects advisory review board.)) "Department" means the department of general administration.
(3) "Committee" means the project review committee.
(4)
(3) "Design-build procedure" means a contract between a public body
and another party in which the party agrees to both design and build
the facility, portion of the facility, or other item specified in the
contract.
(((5))) (4) "Total contract cost" means the fixed amount for the
detailed specified general conditions work, the negotiated maximum
allowable construction cost, and the percent fee on the negotiated
maximum allowable construction cost.
(((6))) (5) "General contractor/construction manager" means a firm
with which a public body has selected and negotiated a maximum
allowable construction cost to provide services during the design phase
and to act as construction manager and general contractor during the
construction phase.
(((7))) (6) "Job order contract" means a contract in which the
contractor agrees to a fixed period, indefinite quantity delivery order
contract which provides for the use of negotiated, definitive work
orders for public works as defined in RCW 39.04.010.
(((8))) (7) "Job order contractor" means a registered or licensed
contractor awarded a job order contract.
(((9))) (8) "Maximum allowable construction cost" means the maximum
cost of the work to construct the project including a percentage for
risk contingency, negotiated support services, and approved change
orders.
(((10))) (9) "Negotiated support services" means items a general
contractor would normally manage or perform on a construction project
including, but not limited to surveying, hoisting, safety enforcement,
provision of toilet facilities, temporary heat, cleanup, and trash
removal.
(((11))) (10) "Percent fee" means the percentage amount to be
earned by the general contractor/construction manager as overhead and
profit.
(((12))) (11) "Public body" means any general or special purpose
government, including but not limited to state agencies, institutions
of higher education, counties, cities, towns, ports, school districts,
and special purpose districts.
(((13))) (12) "Certified public body" means a public body certified
to use design-build or general contractor/construction manager
contracting procedures, or both, under RCW 39.10.270.
(((14))) (13) "Public works project" means any work for a public
body within the definition of "public work" in RCW 39.04.010.
(((15))) (14) "Total project cost" means the cost of the project
less financing and land acquisition costs.
(((16))) (15) "Unit price book" means a book containing specific
prices, based on generally accepted industry standards and information,
where available, for various items of work to be performed by the job
order contractor. The prices may include: All the costs of materials;
labor; equipment; overhead, including bonding costs; and profit for
performing the items of work. The unit prices for labor must be at the
rates in effect at the time the individual work order is issued.
(((17))) (16) "Work order" means an order issued for a definite
scope of work to be performed pursuant to a job order contract.
Sec. 24 RCW 39.10.230 and 2007 c 494 s 103 are each amended to
read as follows:
The ((board has the following powers and duties)) department shall:
(1) Develop and recommend to the legislature policies to further
enhance the quality, efficiency, and accountability of capital
construction projects through the use of traditional and alternative
delivery methods in Washington, and make recommendations regarding
expansion, continuation, elimination, or modification of the
alternative public works contracting methods;
(2) Evaluate the use of existing contracting procedures and
potential future use of other alternative contracting procedures
including competitive negotiation contracts; and
(3) ((Appoint members of the committee; and)) Develop and administer questionnaires designed to provide
quantitative and qualitative data on alternative public works
contracting procedures on which evaluations are based.
(4)
Sec. 25 RCW 39.10.250 and 2007 c 494 s 105 are each amended to
read as follows:
The ((committee)) department shall:
(1) Certify, or recertify, public bodies for a period of three
years to use the design-build or general contractor/construction
manager, or both, contracting procedures for projects with a total
project cost of ten million dollars or more;
(2) Review and approve the use of the design-build or general
contractor/construction manager contracting procedures on a project by
project basis for public bodies that are not certified under RCW
39.10.270; and
(3) Review and approve the use of the general
contractor/construction manager contracting procedure by certified
public bodies for projects with a total project cost under ten million
dollars.
Sec. 26 RCW 39.10.270 and 2007 c 494 s 107 are each amended to
read as follows:
(1) A public body may apply for certification to use the design-build or general contractor/construction manager contracting procedure,
or both. Once certified, a public body may use the contracting
procedure for which it is certified on individual projects with a total
project cost over ten million dollars without seeking ((committee))
department approval. The certification period is three years. A
public body seeking certification must submit to the ((committee))
department an application in a format and manner as prescribed by the
((committee)) department. The application must include a description
of the public body's qualifications, its capital plan during the
certification period, and its intended use of alternative contracting
procedures.
(2) To certify a public body, the ((committee)) department shall
determine that the public body:
(a) Has the necessary experience and qualifications to determine
which projects are appropriate for using alternative contracting
procedures;
(b) Has the necessary experience and qualifications to carry out
the alternative contracting procedure including, but not limited to:
(i) Project delivery knowledge and experience; (ii) personnel with
appropriate construction experience; (iii) a management plan and
rationale for its alternative public works projects; (iv) demonstrated
success in managing public works projects; (v) demonstrated success in
managing at least one general contractor/construction manager or
design-build project within the previous five years; (vi) the ability
to properly manage its capital facilities plan including, but not
limited to, appropriate project planning and budgeting experience; and
(vii) the ability to meet requirements of this chapter; and
(c) Has resolved any audit findings on previous public works
projects in a manner satisfactory to the ((committee)) department.
(3) ((The committee shall, if practicable, make its determination
at the public meeting during which an application for certification is
reviewed.)) Public comments must be considered before a determination
is made. Within ten business days of the public meeting, the
((committee)) department shall provide a written determination to the
public body, and make its determination available to the public on the
((committee's)) department's web site.
(4) The ((committee)) department may revoke any public body's
certification upon a finding, after a public hearing, that its use of
design-build or general contractor/construction manager contracting
procedures no longer serves the public interest.
(5) The ((committee)) department may renew the certification of a
public body for one additional three-year period. The public body must
submit an application for recertification at least three months before
the initial certification expires. The application shall include
updated information on the public body's capital plan for the next
three years, its intended use of the procedures, and any other
information requested by the ((committee)) department. The
((committee)) department must review the application for
recertification ((at a meeting held)) before expiration of the
applicant's initial certification period. A public body must reapply
for certification under the process described in subsection (1) of this
section once the period of recertification expires.
(6) Certified public bodies must submit project data information as
required in RCW 39.10.320 and 39.10.350.
Sec. 27 RCW 39.10.280 and 2007 c 494 s 108 are each amended to
read as follows:
(1) A public body not certified under RCW 39.10.270 must apply for
approval from the ((committee)) department to use the design-build or
general contractor/construction manager contracting procedure on a
project. A public body seeking approval must submit to the
((committee)) department an application in a format and manner as
prescribed by the ((committee)) department. The application must
include a description of the public body's qualifications, a
description of the project, and its intended use of alternative
contracting procedures.
(2) To approve a proposed project, the ((committee)) department
shall determine that:
(a) The alternative contracting procedure will provide a
substantial fiscal benefit or the use of the traditional method of
awarding contracts in lump sum to the low responsive bidder is not
practical for meeting desired quality standards or delivery schedules;
(b) The proposed project meets the requirements for using the
alternative contracting procedure as described in RCW 39.10.300 or
39.10.340;
(c) The public body has the necessary experience or qualified team
to carry out the alternative contracting procedure including, but not
limited to: (i) Project delivery knowledge and experience; (ii)
sufficient personnel with construction experience to administer the
contract; (iii) a written management plan that shows clear and logical
lines of authority; (iv) the necessary and appropriate funding and time
to properly manage the job and complete the project; (v) continuity of
project management team, including personnel with experience managing
projects of similar scope and size to the project being proposed; and
(vi) necessary and appropriate construction budget;
(d) For design-build projects, construction personnel independent
of the design-build team are knowledgeable in the design-build process
and are able to oversee and administer the contract; and
(e) The public body has resolved any audit findings related to
previous public works projects in a manner satisfactory to the
((committee)) department.
(3) ((The committee shall, if practicable, make its determination
at the public meeting during which a submittal is reviewed.)) Public
comments must be considered before a determination is made.
(4) ((Within ten business days after the public meeting, the
committee)) The department shall provide a written determination to the
public body, and make its determination available to the public on the
((committee's)) department's web site. ((If the committee fails to
make a written determination within ten business days of the public
meeting, the request of the public body to use the alternative
contracting procedure on the requested project shall be deemed
approved.))
(5) The requirements of subsection (1) of this section also apply
to certified public bodies seeking to use the general
contractor/construction manager contracting procedure on projects with
a total project cost of less than ten million dollars.
(6) Failure of the ((committee)) department to meet within sixty
calendar days of a public body's application to use an alternative
contracting procedure on a project shall be deemed an approval of the
application.
Sec. 28 RCW 39.10.290 and 2007 c 494 s 109 are each amended to
read as follows:
Final determinations by the ((committee)) department may be
appealed ((to the board)) within seven days by the public body or by an
interested party. A written notice of an appeal must be provided to
the ((committee)) department and, as applicable, to the public body.
((The board shall resolve an appeal)) Appeals are under the
administrative procedures act and must be resolved within forty-five
days of receipt of the appeal and ((shall send)) a written
determination of its decision must be sent to the party making the
appeal and to the appropriate public body, as applicable. ((The public
body shall comply with the determination of the board.))
Sec. 29 RCW 39.10.320 and 2007 c 494 s 203 are each amended to
read as follows:
(1) A public body utilizing the design-build contracting procedure
shall provide for:
(a) Reasonable budget contingencies totaling not less than five
percent of the anticipated contract value;
(b) Employment of staff or consultants with expertise and prior
experience in the management of comparable projects;
(c) Contract documents that include alternative dispute resolution
procedures to be attempted prior to the initiation of litigation;
(d) Submission of project information, as required by the ((board))
department; and
(e) Contract documents that require the contractor, subcontractors,
and designers to submit project information required by the ((board))
department.
(2) A public body utilizing the design-build contracting procedure
may provide incentive payments to contractors for early completion,
cost savings, or other goals if such payments are identified in the
request for proposals.
Sec. 30 RCW 39.10.350 and 2007 c 494 s 302 are each amended to
read as follows:
(1) A public body using the general contractor/construction manager
contracting procedure shall provide for:
(a) The preparation of appropriate, complete, and coordinated
design documents;
(b) Confirmation that a constructability analysis of the design
documents has been performed prior to solicitation of a subcontract bid
package;
(c) Reasonable budget contingencies totaling not less than five
percent of the anticipated contract value;
(d) To the extent appropriate, on-site architectural or engineering
representatives during major construction or installation phases;
(e) Employment of staff or consultants with expertise and prior
experience in the management of comparable projects, critical path
method schedule review and analysis, and the administration, pricing,
and negotiation of change orders;
(f) Contract documents that include alternative dispute resolution
procedures to be attempted before the initiation of litigation;
(g) Contract documents that: (i) Obligate the public owner to
accept or reject a request for equitable adjustment, change order, or
claim within a specified time period but no later than sixty calendar
days after the receipt by the public body of related documentation; and
(ii) provide that if the public owner does not respond in writing to a
request for equitable adjustment, change order, or claim within the
specified time period, the request is deemed denied;
(h) Submission of project information, as required by the ((board))
department; and
(i) Contract documents that require the contractor, subcontractors,
and designers to submit project information required by the ((board))
department.
(2) A public body using the general contractor/construction manager
contracting procedure may include an incentive clause for early
completion, cost savings, or other performance goals if such incentives
are identified in the request for proposals. No incentives granted may
exceed five percent of the maximum allowable construction cost. No
incentives may be paid from any contingency fund established for
coordination of the construction documents or coordination of the work.
(3) If the construction is completed for less than the maximum
allowable construction cost, any savings not otherwise negotiated as
part of an incentive clause shall accrue to the public body. If the
construction is completed for more than the maximum allowable
construction cost, the additional cost is the responsibility of the
general contractor/construction manager.
(4) If the public body and the general contractor/construction
manager agree, in writing, on a price for additional work, the public
body must issue a change order within thirty days of the written
agreement. If the public body does not issue a change order within the
thirty days, interest shall accrue on the dollar amount of the
additional work satisfactorily completed until a change order is
issued. The public body shall pay this interest at a rate of one
percent per month.
Sec. 31 RCW 39.10.430 and 2007 c 494 s 402 are each amended to
read as follows:
(1) Job order contracts shall be awarded through a competitive
process using public requests for proposals.
(2) The public body shall make an effort to solicit proposals from
certified minority or certified woman-owned contractors to the extent
permitted by the Washington state civil rights act, RCW 49.60.400.
(3) The public body shall publish, at least once in a statewide
publication and legal newspaper of general circulation published in
every county in which the public works project is anticipated, a
request for proposals for job order contracts and the availability and
location of the request for proposal documents. The public body shall
ensure that the request for proposal documents at a minimum includes:
(a) A detailed description of the scope of the job order contract
including performance, technical requirements and specifications,
functional and operational elements, minimum and maximum work order
amounts, duration of the contract, and options to extend the job order
contract;
(b) The reasons for using job order contracts;
(c) A description of the qualifications required of the proposer;
(d) The identity of the specific unit price book to be used;
(e) The minimum contracted amount committed to the selected job
order contractor;
(f) A description of the process the public body will use to
evaluate qualifications and proposals, including evaluation factors and
the relative weight of factors. The public body shall ensure that
evaluation factors include, but are not limited to, proposal price and
the ability of the proposer to perform the job order contract. In
evaluating the ability of the proposer to perform the job order
contract, the public body may consider: The ability of the
professional personnel who will work on the job order contract; past
performance on similar contracts; ability to meet time and budget
requirements; ability to provide a performance and payment bond for the
job order contract; recent, current, and projected workloads of the
proposer; location; and the concept of the proposal;
(g) The form of the contract to be awarded;
(h) The method for pricing renewals of or extensions to the job
order contract;
(i) A notice that the proposals are subject to RCW 39.10.470; and
(j) Other information relevant to the project.
(4) A public body shall establish a committee to evaluate the
proposals. After the committee has selected the most qualified
finalists, the finalists shall submit final proposals, including sealed
bids based upon the identified unit price book. Such bids may be in
the form of coefficient markups from listed price book costs. The
public body shall award the contract to the firm submitting the highest
scored final proposal using the evaluation factors and the relative
weight of factors published in the public request for proposals and
will notify the ((board)) department of the award of the contract.
(5) The public body shall provide a protest period of at least ten
business days following the day of the announcement of the apparent
successful proposal to allow a protester to file a detailed statement
of the grounds of the protest. The public body shall promptly make a
determination on the merits of the protest and provide to all proposers
a written decision of denial or acceptance of the protest. The public
body shall not execute the contract until two business days following
the public body's decision on the protest.
(6) The requirements of RCW 39.30.060 do not apply to requests for
proposals for job order contracts.
Sec. 32 RCW 39.10.460 and 2007 c 494 s 405 are each amended to
read as follows:
A public body shall provide to the ((board)) department the
following information for each job order contract at the end of each
contract year:
(1) A list of work orders issued;
(2) The cost of each work order;
(3) A list of subcontractors hired under each work order;
(4) If requested by the ((board)) department, a copy of the intent
to pay prevailing wage and the affidavit of wages paid for each work
order subcontract; and
(5) Any other information requested by the ((board)) department.
Sec. 33 RCW 43.131.408 and 2007 c 494 s 507 are each amended to
read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2014:
(1) RCW 39.10.200 and 2007 c 494 § 1 & 1994 c 132 § 1;
(2) RCW 39.10.210 and section 23 of this act, 2007 c 494 § 101, &
2005 c 469 § 3;
(3) ((RCW 39.10.220 and 2007 c 494 § 102 & 2005 c 377 § 1;)) RCW 39.10.230 and section 24 of this act, 2007 c 494 § 103,
& 2005 c 377 § 2;
(4)
(((5) RCW 39.10.240 and 2007 c 494 § 104;)) (4) RCW 39.10.250 and section 25 of this act & 2007 c 494 §
105;
(6)
(((7) RCW 39.10.260 and 2007 c 494 § 106;)) (5) RCW 39.10.270 and section 26 of this act & 2007 c 494 §
107;
(8)
(((9))) (6) RCW 39.10.280 and section 27 of this act & 2007 c 494
§ 108;
(((10))) (7) RCW 39.10.290 and section 28 of this act & 2007 c 494
§ 109;
(((11))) (8) RCW 39.10.300 and 2007 c 494 § 201, 2003 c 352 § 2,
2003 c 300 § 4, 2002 c 46 § 1, & 2001 c 328 § 2;
(((12))) (9) RCW 39.10.310 and 2007 c 494 § 202 & 1994 c 132 § 8;
(((13))) (10) RCW 39.10.320 and section 29 of this act, 2007 c 494
§ 203, & 1994 c 132 § 7;
(((14))) (11) RCW 39.10.330 and 2007 c 494 § 204;
(((15))) (12) RCW 39.10.340 and 2007 c 494 § 301, 2003 c 352 § 3,
2003 c 300 § 5, 2002 c 46 § 2, & 2001 c 328 § 3;
(((16))) (13) RCW 39.10.350 and section 30 of this act & 2007 c 494
§ 302;
(((17))) (14) RCW 39.10.360 and 2007 c 494 § 303;
(((18))) (15) RCW 39.10.370 and 2007 c 494 § 304;
(((19))) (16) RCW 39.10.380 and 2007 c 494 § 305;
(((20))) (17) RCW 39.10.390 and 2007 c 494 § 306;
(((21))) (18) RCW 39.10.400 and 2007 c 494 § 307;
(((22))) (19) RCW 39.10.410 and 2007 c 494 § 308;
(((23))) (20) RCW 39.10.420 and 2007 c 494 § 401 & 2003 c 301 § 1;
(((24))) (21) RCW 39.10.430 and section 31 of this act & 2007 c 494
§ 402;
(((25))) (22) RCW 39.10.440 and 2007 c 494 § 403;
(((26))) (23) RCW 39.10.450 and 2007 c 494 § 404;
(((27))) (24) RCW 39.10.460 and section 32 of this act & 2007 c 494
§ 405;
(((28))) (25) RCW 39.10.470 and 2005 c 274 § 275 & 1994 c 132 § 10;
(((29))) (26) RCW 39.10.480 and 1994 c 132 § 9;
(((30))) (27) RCW 39.10.490 and 2007 c 494 § 501 & 2001 c 328 § 5;
(((31))) (28) RCW 39.10.500 and 2007 c 494 § 502;
(((32))) (29) RCW 39.10.510 and 2007 c 494 § 503;
(((33))) (30) RCW 39.10.900 and 1994 c 132 § 13;
(((34))) (31) RCW 39.10.901 and 1994 c 132 § 14; and
(((35))) (32) RCW 39.10.903 and 2007 c 494 § 510.
Sec. 34 RCW 39.04.350 and 2007 c 133 s 2 are each amended to read
as follows:
(1) Before award of a public works contract, a bidder must meet the
following responsibility criteria to be considered a responsible bidder
and qualified to be awarded a public works project. The bidder must:
(a) At the time of bid submittal, have a certificate of
registration in compliance with chapter 18.27 RCW;
(b) Have a current state unified business identifier number;
(c) If applicable, have industrial insurance coverage for the
bidder's employees working in Washington as required in Title 51 RCW;
an employment security department number as required in Title 50 RCW;
and a state excise tax registration number as required in Title 82 RCW;
and
(d) Not be disqualified from bidding on any public works contract
under RCW 39.06.010 or 39.12.065(3).
(2) In addition to the bidder responsibility criteria in subsection
(1) of this section, the state or municipality may adopt relevant
supplemental criteria for determining bidder responsibility applicable
to a particular project which the bidder must meet.
(a) Supplemental criteria for determining bidder responsibility,
including the basis for evaluation and the deadline for appealing a
determination that a bidder is not responsible, must be provided in the
invitation to bid or bidding documents.
(b) In a timely manner before the bid submittal deadline, a
potential bidder may request that the state or municipality modify the
supplemental criteria. The state or municipality must evaluate the
information submitted by the potential bidder and respond before the
bid submittal deadline. If the evaluation results in a change of the
criteria, the state or municipality must issue an addendum to the
bidding documents identifying the new criteria.
(c) If the bidder fails to supply information requested concerning
responsibility within the time and manner specified in the bid
documents, the state or municipality may base its determination of
responsibility upon any available information related to the
supplemental criteria or may find the bidder not responsible.
(d) If the state or municipality determines a bidder to be not
responsible, the state or municipality must provide, in writing, the
reasons for the determination. The bidder may appeal the determination
within the time period specified in the bidding documents by presenting
additional information to the state or municipality. The state or
municipality must consider the additional information before issuing
its final determination. If the final determination affirms that the
bidder is not responsible, the state or municipality may not execute a
contract with any other bidder until two business days after the bidder
determined to be not responsible has received the final determination.
(3) The ((capital projects advisory review board created in RCW
39.10.800)) department of general administration shall develop
suggested guidelines to assist the state and municipalities in
developing supplemental bidder responsibility criteria. The guidelines
must be posted on the board's web site.
NEW SECTION. Sec. 35 RCW 43.34.080 (Capitol campus design
advisory committee -- Generally) and 1990 c 93 s 1 are each repealed.
NEW SECTION. Sec. 36 RCW 18.205.080 (Chemical dependency
certification advisory committee -- Composition -- Terms) and 1998 c 243 s
8 are each repealed.
Sec. 37 RCW 18.205.020 and 2008 c 135 s 15 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Certification" means a voluntary process recognizing an
individual who qualifies by examination and meets established
educational prerequisites, and which protects the title of practice.
(2) "Certified chemical dependency professional" means an
individual certified in chemical dependency counseling, under this
chapter.
(3) "Certified chemical dependency professional trainee" means an
individual working toward the education and experience requirements for
certification as a chemical dependency professional.
(4) "Chemical dependency counseling" means employing the core
competencies of chemical dependency counseling to assist or attempt to
assist an alcohol or drug addicted person to develop and maintain
abstinence from alcohol and other mood-altering drugs.
(5) (("Committee" means the chemical dependency certification
advisory committee established under this chapter.)) "Core competencies of chemical dependency counseling" means
competency in the nationally recognized knowledge, skills, and
attitudes of professional practice, including assessment and diagnosis
of chemical dependency, chemical dependency treatment planning and
referral, patient and family education in the disease of chemical
dependency, individual and group counseling with alcoholic and drug
addicted individuals, relapse prevention counseling, and case
management, all oriented to assist alcoholic and drug addicted patients
to achieve and maintain abstinence from mood-altering substances and
develop independent support systems.
(6)
(((7))) (6) "Department" means the department of health.
(((8))) (7) "Health profession" means a profession providing health
services regulated under the laws of this state.
(((9))) (8) "Secretary" means the secretary of health or the
secretary's designee.
Sec. 38 RCW 18.205.060 and 1998 c 243 s 6 are each amended to
read as follows:
In addition to any other authority provided by law, the secretary
has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter((, in consultation with the committee));
(2) Establish all certification, examination, and renewal fees in
accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this
chapter;
(4) Issue certificates to applicants who have met the education,
training, and examination requirements for certification and to deny
certification to applicants who do not meet the minimum qualifications,
except that proceedings concerning the denial of certification based
upon unprofessional conduct or impairment shall be governed by the
uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other staff
as needed to implement this chapter, and hire individuals certified
under this chapter to serve as examiners for any practical
examinations;
(6) Determine minimum education requirements and evaluate and
designate those educational programs that will be accepted as proof of
eligibility to take a qualifying examination for applicants for
certification;
(7) Prepare, grade, and administer, or determine the nature of, and
supervise the grading and administration of, examinations for
applicants for certification;
(8) Determine whether alternative methods of training are
equivalent to formal education, and establish forms, procedures, and
criteria for evaluation of an applicant's alternative training to
determine the applicant's eligibility to take any qualifying
examination;
(9) Determine which states have credentialing requirements
equivalent to those of this state, and issue certificates to
individuals credentialed in those states without examinations;
(10) Define and approve any experience requirement for
certification;
(11) Implement and administer a program for consumer education;
(12) Adopt rules implementing a continuing competency program;
(13) Maintain the official department record of all applicants and
certificated individuals;
(14) Establish by rule the procedures for an appeal of an
examination failure; and
(15) Establish disclosure requirements.
NEW SECTION. Sec. 39 RCW 43.63A.068 (Advisory committee on
policies and programs for children and families with incarcerated
parents -- Funding for programs and services) and 2007 c 384 s 6 are each
repealed.
Sec. 40 RCW 28A.300.520 and 2007 c 384 s 5 are each amended to
read as follows:
(1) The superintendent of public instruction shall review current
policies and assess the adequacy and availability of programs targeted
at children who have a parent who is incarcerated in a department of
corrections facility. The superintendent of public instruction shall
adopt policies that support the children of incarcerated parents and
meet their needs with the goal of facilitating normal child
development, including maintaining adequate academic progress, while
reducing intergenerational incarceration.
(2) ((The superintendent shall conduct the following activities))
To assist in implementing the requirements of subsection (1) of this
section((:)), the superintendent shall gather information and data on the
students who are the children of inmates incarcerated in department of
corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 41 RCW 43.215.065 and 2007 c 384 s 4 are each amended to
read as follows:
(1)(a) The director of the department of early learning shall
review current department policies and assess the adequacy and
availability of programs targeted at persons who receive assistance who
are the children and families of a person who is incarcerated in a
department of corrections facility. Great attention shall be focused
on programs and policies affecting foster youth who have a parent who
is incarcerated.
(b) The director shall adopt policies that support the children of
incarcerated parents and meet their needs with the goal of facilitating
normal child development, while reducing intergenerational
incarceration.
(2) ((The director shall conduct the following activities)) To
assist in implementing the requirements of subsection (1) of this
section((:)), the director shall gather information and data on the
recipients of assistance who are the children and families of inmates
incarcerated in department of corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 42 RCW 72.09.495 and 2007 c 384 s 2 are each amended to read
as follows:
(1) The secretary of corrections shall review current department
policies and assess the following:
(a) The impact of existing policies on the ability of offenders to
maintain familial contact and engagement between inmates and children;
and
(b) The adequacy and availability of programs targeted at inmates
with children.
(2) The secretary shall adopt policies that encourage familial
contact and engagement between inmates and their children with the goal
of reducing recidivism and intergenerational incarceration. Programs
and policies should take into consideration the children's need to
maintain contact with his or her parent and the inmate's ability to
develop plans to financially support their children, assist in
reunification when appropriate, and encourage the improvement of
parenting skills where needed.
(3) The department shall conduct the following activities to assist
in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the families of inmates,
particularly the children of incarcerated parents; and
(b) Evaluate data to determine the impact on recidivism and
intergenerational incarceration((; and)).
(c) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 43 RCW 74.04.800 and 2007 c 384 s 3 are each amended to read
as follows:
(1)(a) The secretary of social and health services shall review
current department policies and assess the adequacy and availability of
programs targeted at persons who receive services through the
department who are the children and families of a person who is
incarcerated in a department of corrections facility. Great attention
shall be focused on programs and policies affecting foster youth who
have a parent who is incarcerated.
(b) The secretary shall adopt policies that encourage familial
contact and engagement between inmates of the department of corrections
facilities and their children with the goal of facilitating normal
child development, while reducing recidivism and intergenerational
incarceration. Programs and policies should take into consideration
the children's need to maintain contact with his or her parent, the
inmate's ability to develop plans to financially support their
children, assist in reunification when appropriate, and encourage the
improvement of parenting skills where needed. The programs and
policies should also meet the needs of the child while the parent is
incarcerated.
(2) ((The secretary shall conduct the following activities)) To
assist in implementing the requirements of subsection (1) of this
section((:)), the secretary shall gather information and data on the
recipients of public assistance, or children in the care of the state
under chapter 13.34 RCW, who are the children and families of inmates
incarcerated in department of corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 44 2007 c 465 s 3 (uncodified) is amended to read as
follows:
This act expires June 30, ((2014)) 2010.
Sec. 45 RCW 74.13.031 and 2008 c 267 s 6 are each amended to read
as follows:
The department shall have the duty to provide child welfare
services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and
comprehensive plan that establishes, aids, and strengthens services for
the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of
prospective adoptive and foster homes, both regular and specialized,
i.e. homes for children of ethnic minority, including Indian homes for
Indian children, sibling groups, handicapped and emotionally disturbed,
teens, pregnant and parenting teens, and annually report to the
governor and the legislature concerning the department's success in:
(a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies
for legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall include
a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to act on
the part of a parent or caretaker that results in death, serious
physical or emotional harm, or sexual abuse or exploitation, or that
presents an imminent risk of serious harm, and on the basis of the
findings of such investigation, offer child welfare services in
relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency. An investigation
is not required of nonaccidental injuries which are clearly not the
result of a lack of care or supervision by the child's parents, legal
custodians, or persons serving in loco parentis. If the investigation
reveals that a crime against a child may have been committed, the
department shall notify the appropriate law enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation services to
families who are in conflict.
(5) Monitor placements of children in out-of-home care and in-home
dependencies to assure the safety, well-being, and quality of care
being provided is within the scope of the intent of the legislature as
defined in RCW 74.13.010 and 74.15.010. The policy for monitoring
placements under this section shall require that children in out-of-home care and in-home dependencies and their caregivers receive a
private and individual face-to-face visit each month.
(a) The department shall conduct the monthly visits with children
and caregivers required under this section unless the child's placement
is being supervised under a contract between the department and a
private agency accredited by a national child welfare accrediting
entity, in which case the private agency shall, within existing
resources, conduct the monthly visits with the child and with the
child's caregiver according to the standards described in this
subsection and shall provide the department with a written report of
the visits within fifteen days of completing the visits.
(b) In cases where the monthly visits required under this
subsection are being conducted by a private agency, the department
shall conduct a face-to-face health and safety visit with the child at
least once every ninety days.
(6) Have authority to accept custody of children from parents and
to accept custody of children from juvenile courts, where authorized to
do so under law, to provide child welfare services including placement
for adoption, to provide for the routine and necessary medical, dental,
and mental health care, or necessary emergency care of the children,
and to provide for the physical care of such children and make payment
of maintenance costs if needed. Except where required by Public Law
95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on the
basis of race, creed, or color when considering applications in their
placement for adoption.
(7) Have authority to provide temporary shelter to children who
have run away from home and who are admitted to crisis residential
centers.
(8) Have authority to purchase care for children; and shall follow
in general the policy of using properly approved private agency
services for the actual care and supervision of such children insofar
as they are available, paying for care of such children as are accepted
by the department as eligible for support at reasonable rates
established by the department.
(9) ((Establish a children's services advisory committee which
shall assist the secretary in the development of a partnership plan for
utilizing resources of the public and private sectors, and advise on
all matters pertaining to child welfare, licensing of child care
agencies, adoption, and services related thereto. At least one member
shall represent the adoption community.))(a) Have authority to provide continued foster care or group
care as needed to participate in or complete a high school or
vocational school program.
(10)
(b)(i) Beginning in 2006, the department has the authority to allow
up to fifty youth reaching age eighteen to continue in foster care or
group care as needed to participate in or complete a posthigh school
academic or vocational program, and to receive necessary support and
transition services.
(ii) In 2007 and 2008, the department has the authority to allow up
to fifty additional youth per year reaching age eighteen to remain in
foster care or group care as provided in (b)(i) of this subsection.
(iii) A youth who remains eligible for such placement and services
pursuant to department rules may continue in foster care or group care
until the youth reaches his or her twenty-first birthday. Eligibility
requirements shall include active enrollment in a posthigh school
academic or vocational program and maintenance of a 2.0 grade point
average.
(((11))) (10) Refer cases to the division of child support whenever
state or federal funds are expended for the care and maintenance of a
child, including a child with a developmental disability who is placed
as a result of an action under chapter 13.34 RCW, unless the department
finds that there is good cause not to pursue collection of child
support against the parent or parents of the child. Cases involving
individuals age eighteen through twenty shall not be referred to the
division of child support unless required by federal law.
(((12))) (11) Have authority within funds appropriated for foster
care services to purchase care for Indian children who are in the
custody of a federally recognized Indian tribe or tribally licensed
child-placing agency pursuant to parental consent, tribal court order,
or state juvenile court order; and the purchase of such care shall be
subject to the same eligibility standards and rates of support
applicable to other children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department of social and health services
under subsections (4), (6), and (7) of this section, subject to the
limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the
federal juvenile justice and delinquency prevention act of 1974.
(((13))) (12) Within amounts appropriated for this specific
purpose, provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(((14))) (13) Have authority to provide independent living services
to youths, including individuals who have attained eighteen years of
age, and have not attained twenty-one years of age who are or have been
in foster care.
(((15))) (14) Consult at least quarterly with foster parents,
including members of the foster parent association of Washington state,
for the purpose of receiving information and comment regarding how the
department is performing the duties and meeting the obligations
specified in this section and RCW 74.13.250 and 74.13.320 regarding the
recruitment of foster homes, reducing foster parent turnover rates,
providing effective training for foster parents, and administering a
coordinated and comprehensive plan that strengthens services for the
protection of children. Consultation shall occur at the regional and
statewide levels.
Sec. 46 RCW 74.15.030 and 2007 c 387 s 5 and 2007 c 17 s 14 are
each reenacted and amended to read as follows:
The secretary shall have the power and it shall be the secretary's
duty:
(1) ((In consultation with the children's services advisory
committee, and)) With the advice and assistance of persons
representative of the various type agencies to be licensed, to
designate categories of facilities for which separate or different
requirements shall be developed as may be appropriate whether because
of variations in the ages, sex and other characteristics of persons
served, variations in the purposes and services offered or size or
structure of the agencies to be licensed hereunder, or because of any
other factor relevant thereto;
(2) ((In consultation with the children's services advisory
committee, and)) With the advice and assistance of persons
representative of the various type agencies to be licensed, to adopt
and publish minimum requirements for licensing applicable to each of
the various categories of agencies to be licensed.
The minimum requirements shall be limited to:
(a) The size and suitability of a facility and the plan of
operation for carrying out the purpose for which an applicant seeks a
license;
(b) Obtaining background information and any out-of-state
equivalent, to determine whether the applicant or service provider is
disqualified and to determine the character, competence, and
suitability of an agency, the agency's employees, volunteers, and other
persons associated with an agency;
(c) Conducting background checks for those who will or may have
unsupervised access to children, expectant mothers, or individuals with
a developmental disability;
(d) Obtaining child protective services information or records
maintained in the department case management information system. No
unfounded allegation of child abuse or neglect as defined in RCW
26.44.020 may be disclosed to a child-placing agency, private adoption
agency, or any other provider licensed under this chapter;
(e) Submitting a fingerprint-based background check through the
Washington state patrol under chapter 10.97 RCW and through the federal
bureau of investigation for:
(i) Agencies and their staff, volunteers, students, and interns
when the agency is seeking license or relicense;
(ii) Foster care and adoption placements; and
(iii) Any adult living in a home where a child may be placed;
(f) If any adult living in the home has not resided in the state of
Washington for the preceding five years, the department shall review
any child abuse and neglect registries maintained by any state where
the adult has resided over the preceding five years;
(g) The cost of fingerprint background check fees will be paid as
required in RCW 43.43.837;
(h) National and state background information must be used solely
for the purpose of determining eligibility for a license and for
determining the character, suitability, and competence of those persons
or agencies, excluding parents, not required to be licensed who are
authorized to care for children or expectant mothers;
(i) The number of qualified persons required to render the type of
care and treatment for which an agency seeks a license;
(j) The safety, cleanliness, and general adequacy of the premises
to provide for the comfort, care and well-being of children, expectant
mothers or developmentally disabled persons;
(k) The provision of necessary care, including food, clothing,
supervision and discipline; physical, mental and social well-being; and
educational, recreational and spiritual opportunities for those served;
(l) The financial ability of an agency to comply with minimum
requirements established pursuant to chapter 74.15 RCW and RCW
74.13.031; and
(m) The maintenance of records pertaining to the admission,
progress, health and discharge of persons served;
(3) To investigate any person, including relatives by blood or
marriage except for parents, for character, suitability, and competence
in the care and treatment of children, expectant mothers, and
developmentally disabled persons prior to authorizing that person to
care for children, expectant mothers, and developmentally disabled
persons. However, if a child is placed with a relative under RCW
13.34.065 or 13.34.130, and if such relative appears otherwise suitable
and competent to provide care and treatment the criminal history
background check required by this section need not be completed before
placement, but shall be completed as soon as possible after placement;
(4) On reports of alleged child abuse and neglect, to investigate
agencies in accordance with chapter 26.44 RCW, including child day-care
centers and family day-care homes, to determine whether the alleged
abuse or neglect has occurred, and whether child protective services or
referral to a law enforcement agency is appropriate;
(5) To issue, revoke, or deny licenses to agencies pursuant to
chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the
category of care which an agency is authorized to render and the ages,
sex and number of persons to be served;
(6) To prescribe the procedures and the form and contents of
reports necessary for the administration of chapter 74.15 RCW and RCW
74.13.031 and to require regular reports from each licensee;
(7) To inspect agencies periodically to determine whether or not
there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the
requirements adopted hereunder;
(8) To review requirements adopted hereunder at least every two
years and to adopt appropriate changes after consultation with affected
groups for child day-care requirements and ((with the children's
services advisory committee)) for requirements for other agencies; and
(9) To consult with public and private agencies in order to help
them improve their methods and facilities for the care of children,
expectant mothers and developmentally disabled persons.
Sec. 47 RCW 74.15.050 and 1995 c 369 s 62 are each amended to
read as follows:
The chief of the Washington state patrol, through the director of
fire protection, shall have the power and it shall be his or her duty:
(1) ((In consultation with the children's services advisory
committee and)) With the advice and assistance of persons
representative of the various type agencies to be licensed, to adopt
recognized minimum standard requirements pertaining to each category of
agency established pursuant to chapter 74.15 RCW and RCW 74.13.031,
except foster-family homes and child-placing agencies, necessary to
protect all persons residing therein from fire hazards;
(2) To make or cause to be made such inspections and investigations
of agencies, other than foster-family homes or child-placing agencies,
as he or she deems necessary;
(3) To make a periodic review of requirements under RCW
74.15.030(7) and to adopt necessary changes after consultation as
required in subsection (1) of this section;
(4) To issue to applicants for licenses hereunder, other than
foster-family homes or child-placing agencies, who comply with the
requirements, a certificate of compliance, a copy of which shall be
presented to the department of social and health services before a
license shall be issued, except that ((a provisional)) an initial
license may be issued as provided in RCW 74.15.120.
Sec. 48 RCW 74.15.060 and 1991 c 3 s 376 are each amended to read
as follows:
The secretary of health shall have the power and it shall be his or
her duty:
((In consultation with the children's services advisory committee
and)) With the advice and assistance of persons representative of the
various type agencies to be licensed, to develop minimum requirements
pertaining to each category of agency established pursuant to chapter
74.15 RCW and RCW 74.13.031, necessary to promote the health of all
persons residing therein.
The secretary of health or the city, county, or district health
department designated by the secretary shall have the power and the
duty:
(1) To make or cause to be made such inspections and investigations
of agencies as may be deemed necessary; and
(2) To issue to applicants for licenses hereunder who comply with
the requirements adopted hereunder, a certificate of compliance, a copy
of which shall be presented to the department of social and health
services before a license shall be issued, except that ((a
provisional)) an initial license may be issued as provided in RCW
74.15.120.
Sec. 49 RCW 41.04.033 and 2003 c 205 s 1 are each amended to read
as follows:
The director of the department of personnel is authorized to adopt
rules, after consultation with state agencies, institutions of higher
education, and employee organizations((, to create a Washington state
combined fund drive committee, and)) for the operation of the
Washington state combined fund drive.
Sec. 50 RCW 41.04.0331 and 2003 c 205 s 2 are each amended to
read as follows:
To operate the Washington state combined fund ((drive's powers and
duties include)) drive program, the director of the department of
personnel or his or her designee may but ((are)) is not limited to the
following:
(1) Raising money for charity, and reducing the disruption to
government caused by multiple fund drives;
(2) Establishing criteria by which a public or private nonprofit
organization may participate in the combined fund drive;
(3) Engaging in or encouraging fund-raising activities including
the solicitation and acceptance of charitable gifts, grants, and
donations from state employees, retired public employees, corporations,
foundations, and other individuals for the benefit of the beneficiaries
of the Washington state combined fund drive;
(4) Requesting the appointment of employees from state agencies and
institutions of higher education to lead and manage workplace
charitable giving campaigns within state government;
(5) Engaging in educational activities, including classes,
exhibits, seminars, workshops, and conferences, related to the basic
purpose of the combined fund drive;
(6) Engaging in appropriate fund-raising and advertising activities
for the support of the administrative duties of the Washington state
combined fund drive; and
(7) Charging an administrative fee to the beneficiaries of the
Washington state combined fund drive to fund the administrative duties
of the Washington state combined fund drive.
Activities of the Washington state combined fund drive shall not
result in direct commercial solicitation of state employees, or a
benefit or advantage that would violate one or more provisions of
chapter 42.52 RCW. This section does not authorize individual state
agencies to enter into contracts or partnerships unless otherwise
authorized by law.
Sec. 51 RCW 41.04.0332 and 2003 c 205 s 3 are each amended to
read as follows:
The ((Washington state combined fund drive committee)) department
of personnel may enter into contracts and partnerships with private
institutions, persons, firms, or corporations for the benefit of the
beneficiaries of the Washington state combined fund drive. Activities
of the Washington state combined fund drive shall not result in direct
commercial solicitation of state employees, or a benefit or advantage
that would violate one or more provisions of chapter 42.52 RCW. This
section does not authorize individual state agencies to enter into
contracts or partnerships unless otherwise authorized by law.
NEW SECTION. Sec. 52 The following acts or parts of acts are
each repealed:
(1) RCW 43.101.310 (Board on law enforcement training standards and
education -- Board on correctional training standards -- Created -- Purpose)
and 1997 c 351 s 2;
(2) RCW 43.101.315 (Boards -- Membership) and 1997 c 351 s 3;
(3) RCW 43.101.320 (Boards -- Terms of members) and 1997 c 351 s 4;
(4) RCW 43.101.325 (Termination of membership upon termination of
qualifying office or employment) and 1997 c 351 s 5;
(5) RCW 43.101.330 (Boards -- Chairs -- Quorum) and 1997 c 351 s 6;
(6) RCW 43.101.335 (Boards -- Travel expenses) and 1997 c 351 s 7;
(7) RCW 43.101.340 (Boards -- Powers -- Report to commission) and 1997
c 351 s 8; and
(8) RCW 43.101.345 (Recommendations of boards -- Review by
commission) and 1997 c 351 s 9.
Sec. 53 RCW 43.101.380 and 2006 c 22 s 3 are each amended to read
as follows:
(1) The procedures governing adjudicative proceedings before
agencies under chapter 34.05 RCW, the administrative procedure act,
govern hearings before the commission and govern all other actions
before the commission unless otherwise provided in this chapter. The
standard of proof in actions before the commission is clear, cogent,
and convincing evidence.
(2) In all hearings requested under RCW 43.101.155, a five-member
hearings panel shall both hear the case and make the commission's final
administrative decision. Members of the commission ((or the board on
law enforcement training standards and education)) may but need not be
appointed to the hearings panels. The commission shall appoint as
follows two or more panels to hear appeals from decertification
actions:
(a) When a hearing is requested in relation to decertification of
a Washington peace officer who is not a peace officer of the Washington
state patrol, the commission shall appoint to the panel: (i) One
police chief; (ii) one sheriff; (iii) two peace officers who are at or
below the level of first line supervisor, who are from city or county
law enforcement agencies, and who have at least ten years' experience
as peace officers; and (iv) one person who is not currently a peace
officer and who represents a community college or four-year college or
university.
(b) When a hearing is requested in relation to decertification of
a peace officer of the Washington state patrol, the commission shall
appoint to the panel: (i) Either one police chief or one sheriff; (ii)
one administrator of the state patrol; (iii) one peace officer who is
at or below the level of first line supervisor, who is from a city or
county law enforcement agency, and who has at least ten years'
experience as a peace officer; (iv) one state patrol officer who is at
or below the level of first line supervisor, and who has at least ten
years' experience as a peace officer; and (v) one person who is not
currently a peace officer and who represents a community college or
four-year college or university.
(c) When a hearing is requested in relation to decertification of
a tribal police officer, the commission shall appoint to the panel (i)
either one chief or one sheriff; (ii) one tribal police chief; (iii)
one peace officer who is at or below the level of first line
supervisor, who is from a city or county law enforcement agency, and
who has at least ten years' experience as a peace officer; (iv) one
tribal police officer who is at or below the level of first line
supervisor, and who has at least ten years' experience as a peace
officer; and (v) one person who is not currently a peace officer and
who represents a community college or four-year college or university.
(d) Persons appointed to hearings panels by the commission shall,
in relation to any decertification matter on which they sit, have the
powers, duties, and immunities, and are entitled to the emoluments,
including travel expenses in accordance with RCW 43.03.050 and
43.03.060, of regular commission members.
(3) Where the charge upon which revocation or denial is based is
that a peace officer was "discharged for disqualifying misconduct," and
the discharge is "final," within the meaning of RCW 43.101.105(1)(d),
and the officer received a civil service hearing or arbitration hearing
culminating in an affirming decision following separation from service
by the employer, the hearings panel may revoke or deny certification if
the hearings panel determines that the discharge occurred and was based
on disqualifying misconduct; the hearings panel need not redetermine
the underlying facts but may make this determination based solely on
review of the records and decision relating to the employment
separation proceeding. However, the hearings panel may, in its
discretion, consider additional evidence to determine whether such a
discharge occurred and was based on such disqualifying misconduct. The
hearings panel shall, upon written request by the subject peace
officer, allow the peace officer to present additional evidence of
extenuating circumstances.
Where the charge upon which revocation or denial of certification
is based is that a peace officer "has been convicted at any time of a
felony offense" within the meaning of RCW 43.101.105(1)(c), the
hearings panel shall revoke or deny certification if it determines that
the peace officer was convicted of a felony. The hearings panel need
not redetermine the underlying facts but may make this determination
based solely on review of the records and decision relating to the
criminal proceeding. However, the hearings panel shall, upon the
panel's determination of relevancy, consider additional evidence to
determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is based is under
RCW 43.101.105(1) (a), (b), (e), or (f), the hearings panel shall
determine the underlying facts relating to the charge upon which
revocation or denial of certification is based.
(4) The commission's final administrative decision is subject to
judicial review under RCW 34.05.510 through 34.05.598.
NEW SECTION. Sec. 54 RCW 43.105.055 (Advisory committees--Customer advisory board) and 1999 c 80 s 7 & 1987 c 504 s 9 are each
repealed.
Sec. 55 RCW 43.105.052 and 2000 c 180 s 1 are each amended to
read as follows:
The department shall:
(1) Perform all duties and responsibilities the board delegates to
the department, including but not limited to:
(a) The review of agency information technology portfolios and
related requests; and
(b) Implementation of statewide and interagency policies,
standards, and guidelines;
(2) Make available information services to state agencies and local
governments and public benefit nonprofit corporations on a full cost-recovery basis. For the purposes of this section "public benefit
nonprofit corporation" means a public benefit nonprofit corporation as
defined in RCW 24.03.005 that is receiving local, state, or federal
funds either directly or through a public agency other than an Indian
tribe or political subdivision of another state. These services may
include, but are not limited to:
(a) Telecommunications services for voice, data, and video;
(b) Mainframe computing services;
(c) Support for departmental and microcomputer evaluation,
installation, and use;
(d) Equipment acquisition assistance, including leasing, brokering,
and establishing master contracts;
(e) Facilities management services for information technology
equipment, equipment repair, and maintenance service;
(f) Negotiation with local cable companies and local governments to
provide for connection to local cable services to allow for access to
these public and educational channels in the state;
(g) Office automation services;
(h) System development services; and
(i) Training.
These services are for discretionary use by customers and customers
may elect other alternatives for service if those alternatives are more
cost-effective or provide better service. Agencies may be required to
use the backbone network portions of the telecommunications services
during an initial start-up period not to exceed three years;
(3) Establish rates and fees for services provided by the
department to assure that the services component of the department is
self-supporting. A billing rate plan shall be developed for a two-year
period to coincide with the budgeting process. The rate plan shall be
subject to review at least annually by the ((customer advisory board))
office of financial management. The rate plan shall show the proposed
rates by each cost center and will show the components of the rate
structure as mutually determined by the department and the ((customer
advisory board)) office of financial management. The same rate
structure will apply to all user agencies of each cost center. The
rate plan and any adjustments to rates shall be approved by the office
of financial management. The services component shall not subsidize
the operations of the strategic planning and policy component;
(4) With the advice of the information services board and agencies,
develop a state strategic information technology plan and performance
reports as required under RCW 43.105.160;
(5) Develop plans for the department's achievement of statewide
goals and objectives set forth in the state strategic information
technology plan required under RCW 43.105.160. These plans shall
address such services as telecommunications, central and distributed
computing, local area networks, office automation, and end user
computing. The department shall seek the advice of the ((customer
advisory board and the)) board in the development of these plans;
(6) Under direction of the information services board and in
collaboration with the department of personnel, and other agencies as
may be appropriate, develop training plans and coordinate training
programs that are responsive to the needs of agencies;
(7) Identify opportunities for the effective use of information
services and coordinate appropriate responses to those opportunities;
(8) Assess agencies' projects, acquisitions, plans, information
technology portfolios, or overall information processing performance as
requested by the board, agencies, the director of financial management,
or the legislature. Agencies may be required to reimburse the
department for agency-requested reviews;
(9) Develop planning, budgeting, and expenditure reporting
requirements, in conjunction with the office of financial management,
for agencies to follow;
(10) Assist the office of financial management with budgetary and
policy review of agency plans for information services;
(11) Provide staff support from the strategic planning and policy
component to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines adopted by
the board;
(c) Supervision of studies and reports requested by the board;
(d) Conducting reviews and assessments as directed by the board;
(12) Be the lead agency in coordinating video telecommunications
services for all state agencies and develop, pursuant to board
policies, standards and common specifications for leased and purchased
telecommunications equipment. The department shall not evaluate the
merits of school curriculum, higher education course offerings, or
other education and training programs proposed for transmission and/or
reception using video telecommunications resources. Nothing in this
section shall abrogate or abridge the legal responsibilities of
licensees of telecommunications facilities as licensed by the federal
communication commission on March 27, 1990; and
(13) Perform all other matters and things necessary to carry out
the purposes and provisions of this chapter.
NEW SECTION. Sec. 56 RCW 70.198.010 (Findings) and 2004 c 47 s
1 are each repealed.
NEW SECTION. Sec. 57 RCW 43.215.090 (Early learning advisory
council -- Statewide early learning plan) and 2007 c 394 s 3 are each
repealed.
Sec. 58 RCW 72.23.025 and 2006 c 333 s 204 are each amended to
read as follows:
(1) It is the intent of the legislature to improve the quality of
service at state hospitals, eliminate overcrowding, and more
specifically define the role of the state hospitals. The legislature
intends that eastern and western state hospitals shall become clinical
centers for handling the most complicated long-term care needs of
patients with a primary diagnosis of mental disorder. To this end, the
legislature intends that funds appropriated for mental health programs,
including funds for regional support networks and the state hospitals
be used for persons with primary diagnosis of mental disorder. The
legislature finds that establishment of ((the eastern state hospital
board, the western state hospital board, and)) institutes for the study
and treatment of mental disorders at both eastern state hospital and
western state hospital will be instrumental in implementing the
legislative intent.
(2)(((a) The eastern state hospital board and the western state
hospital board are each established. Members of the boards shall be
appointed by the governor with the consent of the senate. Each board
shall include:))(a) There is established at eastern state hospital and western
state hospital, institutes for the study and treatment of mental
disorders. The institutes shall be operated by joint operating
agreements between state colleges and universities and the department
of social and health services. The institutes are intended to conduct
training, research, and clinical program development activities that
will directly benefit ((
(i) The director of the institute for the study and treatment of
mental disorders established at the hospital;
(ii) One family member of a current or recent hospital resident;
(iii) One consumer of services;
(iv) One community mental health service provider;
(v) Two citizens with no financial or professional interest in
mental health services;
(vi) One representative of the regional support network in which
the hospital is located;
(vii) One representative from the staff who is a physician;
(viii) One representative from the nursing staff;
(ix) One representative from the other professional staff;
(x) One representative from the nonprofessional staff; and
(xi) One representative of a minority community.
(b) At least one representative listed in (a)(viii), (ix), or (x)
of this subsection shall be a union member.
(c) Members shall serve four-year terms. Members of the board
shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060 and shall receive compensation as provided in RCW
43.03.240.
(3) The boards established under this section shall:
(a) Monitor the operation and activities of the hospital;
(b) Review and advise on the hospital budget;
(c) Make recommendations to the governor and the legislature for
improving the quality of service provided by the hospital;
(d) Monitor and review the activities of the hospital in
implementing the intent of the legislature set forth in this section;
and
(e) Consult with the secretary regarding persons the secretary may
select as the superintendent of the hospital whenever a vacancy occurs.
(4)mentally ill)) persons with mental illness who
are receiving treatment in Washington state by performing the following
activities:
(i) Promote recruitment and retention of highly qualified
professionals at the state hospitals and community mental health
programs;
(ii) Improve clinical care by exploring new, innovative, and
scientifically based treatment models for persons presenting
particularly difficult and complicated clinical syndromes;
(iii) Provide expanded training opportunities for existing staff at
the state hospitals and community mental health programs;
(iv) Promote bilateral understanding of treatment orientation,
possibilities, and challenges between state hospital professionals and
community mental health professionals.
(b) To accomplish these purposes the institutes may, within funds
appropriated for this purpose:
(i) Enter joint operating agreements with state universities or
other institutions of higher education to accomplish the placement and
training of students and faculty in psychiatry, psychology, social
work, occupational therapy, nursing, and other relevant professions at
the state hospitals and community mental health programs;
(ii) Design and implement clinical research projects to improve the
quality and effectiveness of state hospital services and operations;
(iii) Enter into agreements with community mental health service
providers to accomplish the exchange of professional staff between the
state hospitals and community mental health service providers;
(iv) Establish a student loan forgiveness and conditional
scholarship program to retain qualified professionals at the state
hospitals and community mental health providers when the secretary has
determined a shortage of such professionals exists.
(c) Notwithstanding any other provisions of law to the contrary,
the institutes may enter into agreements with the department or the
state hospitals which may involve changes in staffing necessary to
implement improved patient care programs contemplated by this section.
(d) The institutes are authorized to seek and accept public or
private gifts, grants, contracts, or donations to accomplish their
purposes under this section.
NEW SECTION. Sec. 59 The following acts or parts of acts are
each repealed:
(1) RCW 43.162.005 (Findings -- Intent) and 2007 c 232 s 1 & 2003 c
235 s 1;
(2) RCW 43.162.010 (Washington state economic development
commission -- Membership -- Rules) and 2007 c 232 s 2 & 2003 c 235 s 2;
(3) RCW 43.162.015 (Executive director) and 2007 c 232 s 3;
(4) RCW 43.162.020 (Duties -- Biennial report) and 2007 c 232 s 4 &
2003 c 235 s 3;
(5) RCW 43.162.025 (Additional authority) and 2007 c 232 s 5; and
(6) RCW 43.162.030 (Authority of governor and department of
community, trade, and economic development not affected) and 2007 c 232
s 7 & 2003 c 235 s 4.
Sec. 60 RCW 43.330.280 and 2007 c 227 s 2 are each amended to
read as follows:
(((1) The Washington state economic development commission shall,
with the advice of an innovation partnership advisory group selected by
the commission, have oversight responsibility for the implementation of
the state's efforts to further innovation partnerships throughout the
state. The commission shall:)) The workforce
training and education coordinating board shall ((
(a) Provide information and advice to the department of community,
trade, and economic development to assist in the implementation of the
innovation partnership zone program, including criteria to be used in
the selection of grant applicants for funding;
(b) Document clusters of companies throughout the state that have
comparative competitive advantage or the potential for comparative
competitive advantage, using the process and criteria for identifying
strategic clusters developed by the working group specified in
subsection (2) of this section;
(c) Conduct an innovation opportunity analysis to identify (i) the
strongest current intellectual assets and research teams in the state
focused on emerging technologies and their commercialization, and (ii)
faculty and researchers that could increase their focus on
commercialization of technology if provided the appropriate technical
assistance and resources;
(d) Based on its findings and analysis, and in conjunction with the
higher education coordinating board and research institutions:
(i) Develop a plan to build on existing, and develop new,
intellectual assets and innovation research teams in the state in
research areas where there is a high potential to commercialize
technologies. The commission shall present the plan to the governor
and legislature by December 31, 2007. The higher education
coordinating board shall be responsible for implementing the plan in
conjunction with the publicly funded research institutions in the
state. The plan shall address the following elements and such other
elements as the commission deems important:
(A) Specific mechanisms to support, enhance, or develop innovation
research teams and strengthen their research and commercialization
capacity in areas identified as useful to strategic clusters and
innovative firms in the state;
(B) Identification of the funding necessary for laboratory
infrastructure needed to house innovation research teams;
(C) Specification of the most promising research areas meriting
enhanced resources and recruitment of significant entrepreneurial
researchers to join or lead innovation research teams;
(D) The most productive approaches to take in the recruitment, in
the identified promising research areas, of a minimum of ten
significant entrepreneurial researchers over the next ten years to join
or lead innovation research teams;
(E) Steps to take in solicitation of private sector support for the
recruitment of entrepreneurial researchers and the commercialization
activity of innovation research teams; and
(F) Mechanisms for ensuring the location of innovation research
teams in innovation partnership zones;
(ii) Provide direction for the development of comprehensive
entrepreneurial assistance programs at research institutions. The
programs may involve multidisciplinary students, faculty,
entrepreneurial researchers, entrepreneurs, and investors in building
business models and evolving business plans around innovative ideas.
The programs may provide technical assistance and the support of an
entrepreneur-in-residence to innovation research teams and offer
entrepreneurial training to faculty, researchers, undergraduates, and
graduate students. Curriculum leading to a certificate in
entrepreneurship may also be offered;
(e) Develop performance measures to be used in evaluating the
performance of innovation research teams, the implementation of the
plan and programs under (d)(i) and (ii) of this subsection, and the
performance of innovation partnership zone grant recipients, including
but not limited to private investment measures, business initiation
measures, job creation measures, and measures of innovation such as
licensing of ideas in research institutions, patents, or other
recognized measures of innovation. The performance measures developed
shall be consistent with the economic development commission's
comprehensive plan for economic development and its standards and
metrics for program evaluation. The commission shall report to the
legislature and the governor by December 31, 2008, on the measures
developed; and
(f) Using the performance measures developed, perform a biennial
assessment and report, the first of which shall be due December 31,
2012, on:
(i) Commercialization of technologies developed at state
universities, found at other research institutions in the state, and
facilitated with public assistance at existing companies;
(ii) Outcomes of the funding of innovation research teams and
recruitment of significant entrepreneurial researchers;
(iii) Comparison with other states of Washington's outcomes from
the innovation research teams and efforts to recruit significant
entrepreneurial researchers; and
(iv) Outcomes of the grants for innovation partnership zones.
The report shall include recommendations for modifications of chapter
227, Laws of 2007 and of state commercialization efforts that would
enhance the state's economic competitiveness.
(2) The economic development commission andjointly convene a
working group to)):
(((a))) (1) Specify the process and criteria for identification of
substate geographic concentrations of firms or employment in an
industry and the industry's customers, suppliers, supporting
businesses, and institutions, which process will include the use of
labor market information from the employment security department and
local labor markets; and
(((b))) (2) Establish criteria for identifying strategic clusters
which are important to economic prosperity in the state, considering
cluster size, growth rate, and wage levels among other factors.
Sec. 61 RCW 43.160.060 and 2008 c 327 s 5 are each amended to
read as follows:
The board is authorized to make direct loans to political
subdivisions of the state and to federally recognized Indian tribes for
the purposes of assisting the political subdivisions and federally
recognized Indian tribes in financing the cost of public facilities,
including development of land and improvements for public facilities,
project-specific environmental, capital facilities, land use,
permitting, feasibility, and marketing studies and plans; project
design, site planning, and analysis; project debt and revenue impact
analysis; as well as the construction, rehabilitation, alteration,
expansion, or improvement of the facilities. A grant may also be
authorized for purposes designated in this chapter, but only when, and
to the extent that, a loan is not reasonably possible, given the
limited resources of the political subdivision or the federally
recognized Indian tribe and the finding by the board that financial
circumstances require grant assistance to enable the project to move
forward. However, no more than twenty-five percent of all financial
assistance approved by the board in any biennium may consist of grants
to political subdivisions and federally recognized Indian tribes.
Application for funds shall be made in the form and manner as the
board may prescribe. In making grants or loans the board shall conform
to the following requirements:
(1) The board shall not provide financial assistance:
(a) For a project the primary purpose of which is to facilitate or
promote a retail shopping development or expansion.
(b) For any project that evidence exists would result in a
development or expansion that would displace existing jobs in any other
community in the state.
(c) For a project the primary purpose of which is to facilitate or
promote gambling.
(d) For a project located outside the jurisdiction of the applicant
political subdivision or federally recognized Indian tribe.
(2) The board shall only provide financial assistance:
(a) For a project demonstrating convincing evidence that a specific
private development or expansion is ready to occur and will occur only
if the public facility improvement is made that:
(i) Results in the creation of significant private sector jobs or
significant private sector capital investment as determined by the
board and is consistent with the state comprehensive economic
development plan ((developed by the Washington economic development
commission pursuant to chapter 43.162 RCW, once the plan is adopted));
and
(ii) Will improve the opportunities for the successful maintenance,
establishment, or expansion of industrial or commercial plants or will
otherwise assist in the creation or retention of long-term economic
opportunities;
(b) For a project that cannot meet the requirement of (a) of this
subsection but is a project that:
(i) Results in the creation of significant private sector jobs or
significant private sector capital investment as determined by the
board and is consistent with the state comprehensive economic
development plan ((developed by the Washington economic development
commission pursuant to chapter 43.162 RCW, once the plan is adopted));
(ii) Is part of a local economic development plan consistent with
applicable state planning requirements;
(iii) Can demonstrate project feasibility using standard economic
principles; and
(iv) Is located in a rural community as defined by the board, or a
rural county;
(c) For site-specific plans, studies, and analyses that address
environmental impacts, capital facilities, land use, permitting,
feasibility, marketing, project engineering, design, site planning, and
project debt and revenue impacts, as grants not to exceed fifty
thousand dollars.
(3) The board shall develop guidelines for local participation and
allowable match and activities.
(4) An application must demonstrate local match and local
participation, in accordance with guidelines developed by the board.
(5) An application must be approved by the political subdivision
and supported by the local associate development organization or local
workforce development council or approved by the governing body of the
federally recognized Indian tribe.
(6) The board may allow de minimis general system improvements to
be funded if they are critically linked to the viability of the
project.
(7) An application must demonstrate convincing evidence that the
median hourly wage of the private sector jobs created after the project
is completed will exceed the countywide median hourly wage.
(8) The board shall prioritize each proposed project according to:
(a) The relative benefits provided to the community by the jobs the
project would create, not just the total number of jobs it would create
after the project is completed, but also giving consideration to the
unemployment rate in the area in which the jobs would be located;
(b) The rate of return of the state's investment, including, but
not limited to, the leveraging of private sector investment,
anticipated job creation and retention, and expected increases in state
and local tax revenues associated with the project;
(c) Whether the proposed project offers a health insurance plan for
employees that includes an option for dependents of employees;
(d) Whether the public facility investment will increase existing
capacity necessary to accommodate projected population and employment
growth in a manner that supports infill and redevelopment of existing
urban or industrial areas that are served by adequate public
facilities. Projects should maximize the use of existing
infrastructure and provide for adequate funding of necessary
transportation improvements; and
(e) Whether the applicant has developed and adhered to guidelines
regarding its permitting process for those applying for development
permits consistent with section 1(2), chapter 231, Laws of 2007.
(9) A responsible official of the political subdivision or the
federally recognized Indian tribe shall be present during board
deliberations and provide information that the board requests.
Before any financial assistance application is approved, the
political subdivision or the federally recognized Indian tribe seeking
the assistance must demonstrate to the community economic
revitalization board that no other timely source of funding is
available to it at costs reasonably similar to financing available from
the community economic revitalization board.
Sec. 62 RCW 43.330.080 and 2007 c 249 s 2 are each amended to
read as follows:
The department shall contract with county-designated associate
development organizations to increase the support for and coordination
of community and economic development services in communities or
regional areas. The organizations contracted with in each community or
regional area shall be broadly representative of community and economic
interests. The organization shall be capable of identifying key
economic and community development problems, developing appropriate
solutions, and mobilizing broad support for recommended initiatives.
The contracting organization shall work with and include local
governments, local chambers of commerce, workforce development
councils, port districts, labor groups, institutions of higher
education, community action programs, and other appropriate private,
public, or nonprofit community and economic development groups. The
scope of services delivered under these contracts shall include two
broad areas of work:
(1) Direct assistance, including business planning, to companies
who need support to stay in business, expand, or relocate to Washington
from out of state or other countries. Assistance includes:
(a) Working with the appropriate partners, including but not
limited to, local governments, workforce development organizations,
port districts, community colleges and higher education institutions,
export assistance providers, the Washington manufacturing services, the
Washington state quality award, council, small business assistance
programs, and other federal, state, and local programs to facilitate
the alignment of planning efforts and the seamless delivery of business
support services in the county;
(b) Providing information on state and local permitting processes,
tax issues, and other essential information for operating, expanding,
or locating a business in Washington;
(c) Marketing Washington and local areas as excellent locations to
expand or relocate a business and positioning Washington as a globally
competitive place to grow business, which may include developing and
executing regional plans to attract companies from out of state;
(d) Working with businesses on site location and selection
assistance;
(e) Providing business retention and expansion services, including
business outreach and monitoring efforts to identify and address
challenges and opportunities faced by businesses; and
(f) ((Participate [Participating])) Participating in economic
development system-wide discussions regarding gaps in business start-up
assistance in Washington; and
(2) Support for regional economic research and regional planning
efforts to implement target industry strategies and other economic
development strategies that support increased living standards and
increase foreign direct investment throughout Washington. Activities
include:
(a) Participation in regional planning efforts involving combined
strategies around workforce development and economic development
policies and programs. The contracting organization shall participate
with the state board for community and technical colleges as created in
RCW 28B.50.050, and any community and technical colleges in providing
for the coordination of job skills training within its region;
(b) Collecting and reporting data as specified by the contract with
the department for statewide systemic analysis. ((The department shall
consult with the Washington state economic development commission in
the establishment of such uniform data as is needed to conduct a
statewide systemic analysis of the state's economic development
programs and expenditures.)) In cooperation with other local,
regional, and state planning efforts, contracting organizations may
provide insight into the needs of target industry clusters, business
expansion plans, early detection of potential relocations or layoffs,
training needs, and other appropriate economic information;
(c) In conjunction with other governmental jurisdictions and
institutions, ((participate)) participation in the development of a
countywide economic development plan, consistent with the state
comprehensive plan for economic development ((developed by the
Washington state economic development commission)).
Sec. 63 RCW 43.330.250 and 2008 c 329 s 914 are each amended to
read as follows:
(1) The economic development strategic reserve account is created
in the state treasury to be used only for the purposes of this section.
(2) Only the governor, with the recommendation of the director of
the department of community, trade, and economic development ((and the
economic development commission)), may authorize expenditures from the
account.
(3) Expenditures from the account shall be made in an amount
sufficient to fund ((a minimum of)) one staff position for the
((economic development commission)) department and to cover any other
operational costs of the ((commission)) department.
(4) During the 2007-2009 fiscal biennium, moneys in the account may
also be transferred into the state general fund.
(5) Expenditures from the account may be made to prevent closure of
a business or facility, to prevent relocation of a business or facility
in the state to a location outside the state, or to recruit a business
or facility to the state. Expenditures may be authorized for:
(a) Workforce development;
(b) Public infrastructure needed to support or sustain the
operations of the business or facility; and
(c) Other lawfully provided assistance, including, but not limited
to, technical assistance, environmental analysis, relocation
assistance, and planning assistance. Funding may be provided for such
assistance only when it is in the public interest and may only be
provided under a contractual arrangement ensuring that the state will
receive appropriate consideration, such as an assurance of job creation
or retention.
(6) The funds shall not be expended from the account unless:
(a) The circumstances are such that time does not permit the
director of the department of community, trade, and economic
development or the business or facility to secure funding from other
state sources;
(b) The business or facility produces or will produce significant
long-term economic benefits to the state, a region of the state, or a
particular community in the state;
(c) The business or facility does not require continuing state
support;
(d) The expenditure will result in new jobs, job retention, or
higher incomes for citizens of the state;
(e) The expenditure will not supplant private investment; and
(f) The expenditure is accompanied by private investment.
(7) No more than three million dollars per year may be expended
from the account for the purpose of assisting an individual business or
facility pursuant to the authority specified in this section.
(8) If the account balance in the strategic reserve account exceeds
fifteen million dollars at any time, the amount in excess of fifteen
million dollars shall be transferred to the education construction
account.
Sec. 64 RCW 43.330.270 and 2007 c 227 s 1 are each amended to
read as follows:
(1) The director shall designate innovation partnership zones on
the basis of the following criteria:
(a) Innovation partnership zones must have three types of
institutions operating within their boundaries, or show evidence of
planning and local partnerships that will lead to dense concentrations
of these institutions:
(i) Research capacity in the form of a university or community
college fostering commercially valuable research, nonprofit
institutions creating commercially applicable innovations, or a
national laboratory;
(ii) Dense proximity of globally competitive firms in a research-based industry or industries or of individual firms with innovation
strategies linked to (a)(i) of this subsection. A globally competitive
firm may be signified through international organization for
standardization 9000 or 1400 certification, or other recognized
evidence of international success; and
(iii) Training capacity either within the zone or readily
accessible to the zone. The training capacity requirement may be met
by the same institution as the research capacity requirement, to the
extent both are associated with an educational institution in the
proposed zone.
(b) The support of a local jurisdiction, a research institution, an
educational institution, an industry or cluster association, a
workforce development council, and an associate development
organization, port, or chamber of commerce;
(c) Identifiable boundaries for the zone within which the applicant
will concentrate efforts to connect innovative researchers,
entrepreneurs, investors, industry associations or clusters, and
training providers. The geographic area defined should lend itself to
a distinct identity and have the capacity to accommodate firm growth;
(d) The innovation partnership zone administrator must be an
economic development council, port, workforce development council,
city, or county.
(2) On October 1st of each year, the director shall designate
innovation partnership zones on the basis of applications that meet the
legislative criteria, estimated economic impact of the zone, and
evidence of forward planning for the zone((, and other criteria as
recommended by the Washington state economic development commission)).
Estimated economic impact must include evidence of anticipated private
investment, job creation, innovation, and commercialization. The
director shall require evidence that zone applicants will promote
commercialization, innovation, and collaboration among zone residents.
(3) Innovation partnership zones are eligible for funds and other
resources as provided by the legislature or at the discretion of the
governor.
(4) If the innovation partnership zone meets the other requirements
of the fund sources, then the zone is eligible for the following funds
relating to:
(a) The local infrastructure financing tools program;
(b) The sales and use tax for public facilities in rural counties;
and
(c) Job skills.
(5) An innovation partnership zone shall be designated as a zone
for a four-year period. At the end of the four-year period, the zone
must reapply for the designation through the department.
(6) The department shall convene annual information sharing events
for innovation partnership zone administrators and other interested
parties.
(7) An innovation partnership zone shall provide performance
measures as required by the director, including but not limited to
private investment measures, job creation measures, and measures of
innovation such as licensing of ideas in research institutions,
patents, or other recognized measures of innovation. ((The Washington
state economic development commission shall review annually the
individual innovation partnership zone's performance measures and make
recommendations to the department regarding additional zone designation
criteria.))
Sec. 65 RCW 82.33A.020 and 2007 c 232 s 9 are each amended to
read as follows:
The economic climate council shall ((consult with the Washington
economic development commission in selecting benchmarks and developing
economic climate reports and benchmarks. The commission shall))
provide for a process to ensure public participation in the selection
of the benchmarks.
Sec. 66 RCW 39.102.040 and 2007 c 229 s 2 are each amended to
read as follows:
(1) Prior to applying to the board to use local infrastructure
financing, a sponsoring local government shall:
(a) Designate a revenue development area within the limitations in
RCW 39.102.060;
(b) Certify that the conditions in RCW 39.102.070 are met;
(c) Complete the process in RCW 39.102.080;
(d) Provide public notice as required in RCW 39.102.100; and
(e) Pass an ordinance adopting the revenue development area as
required in RCW 39.102.090.
(2) Any local government that has created an increment area under
chapter 39.89 RCW and has not issued bonds to finance any public
improvement may apply to the board and have its increment area
considered for approval as a revenue development area under this
chapter without adopting a new revenue development area under RCW
39.102.090 and 39.102.100 if it amends its ordinance to comply with RCW
39.102.090(1) and otherwise meets the conditions and limitations under
this chapter.
(3) As a condition to imposing a sales and use tax under RCW
82.14.475, a sponsoring local government, including any cosponsoring
local government seeking authority to impose a sales and use tax under
RCW 82.14.475, must apply to the board and be approved for a project
award amount. The application shall be in a form and manner prescribed
by the board and include but not be limited to information establishing
that the applicant is an eligible candidate to impose the local sales
and use tax under RCW 82.14.475, the anticipated effective date for
imposing the tax, the estimated number of years that the tax will be
imposed, and the estimated amount of tax revenue to be received in each
fiscal year that the tax will be imposed. The board shall make
available forms to be used for this purpose. As part of the
application, each applicant must provide to the board a copy of the
ordinance or ordinances creating the revenue development area as
required in RCW 39.102.090. A notice of approval to use local
infrastructure financing shall contain a project award that represents
the maximum amount of state contribution that the applicant, including
any cosponsoring local governments, can earn each year that local
infrastructure financing is used. The total of all project awards
shall not exceed the annual state contribution limit. The
determination of a project award shall be made based on information
contained in the application and the remaining amount of annual state
contribution limit to be awarded. Determination of a project award by
the board is final.
(4)(a) Sponsoring local governments, and any cosponsoring local
governments, applying in calendar year 2007 for a competitive project
award, must submit completed applications to the board no later than
July 1, 2007. By September 15, 2007, in consultation with the
department of revenue and the department of community, trade, and
economic development, the board shall approve competitive project
awards from competitive applications submitted by the 2007 deadline.
No more than two million five hundred thousand dollars in competitive
project awards shall be approved in 2007. For projects not approved by
the board in 2007, sponsoring and cosponsoring local governments may
apply again to the board in 2008 for approval of a project.
(b) Sponsoring local governments, and any cosponsoring local
governments, applying in calendar year 2008 for a competitive project
award, must submit completed applications to the board no later than
July 1, 2008. By September 18, 2008, in consultation with the
department of revenue and the department of community, trade, and
economic development, the board shall approve competitive project
awards from competitive applications submitted by the 2008 deadline.
(c) Except as provided in RCW 39.102.050(2), a total of no more
than five million dollars in competitive project awards shall be
approved for local infrastructure financing.
(d) The project selection criteria and weighting developed prior to
July 22, 2007, for the application evaluation and approval process
shall apply to applications received prior to November 1, 2007. In
evaluating applications for a competitive project award after November
1, 2007, the board shall((, in consultation with the Washington state
economic development commission,)) develop the relative weight to be
assigned to the following criteria:
(i) The project's potential to enhance the sponsoring local
government's regional and/or international competitiveness;
(ii) The project's ability to encourage mixed use and transit-oriented development and the redevelopment of a geographic area;
(iii) Achieving an overall distribution of projects statewide that
reflect geographic diversity;
(iv) The estimated wages and benefits for the project is greater
than the average labor market area;
(v) The estimated state and local net employment change over the
life of the project;
(vi) The current economic health and vitality of the proposed
revenue development area and the contiguous community and the estimated
impact of the proposed project on the proposed revenue development area
and contiguous community;
(vii) The estimated state and local net property tax change over
the life of the project;
(viii) The estimated state and local sales and use tax increase
over the life of the project;
(ix) An analysis that shows that, over the life of the project,
neither the local excise tax allocation revenues nor the local property
tax allocation revenues will constitute more than eighty percent of the
total local funds as described in RCW 39.102.020(29)(c); and
(x) If a project is located within an urban growth area, evidence
that the project utilizes existing urban infrastructure and that the
transportation needs of the project will be adequately met through the
use of local infrastructure financing or other sources.
(e)(i) Except as provided in this subsection (4)(e), the board may
not approve the use of local infrastructure financing within more than
one revenue development area per county.
(ii) In a county in which the board has approved the use of local
infrastructure financing, the use of such financing in additional
revenue development areas may be approved, subject to the following
conditions:
(A) The sponsoring local government is located in more than one
county; and
(B) The sponsoring local government designates a revenue
development area that comprises portions of a county within which the
use of local infrastructure financing has not yet been approved.
(iii) In a county where the local infrastructure financing tool is
authorized under RCW 39.102.050, the board may approve additional use
of the local infrastructure financing tool.
(5) Once the board has approved the sponsoring local government,
and any cosponsoring local governments, to use local infrastructure
financing, notification must be sent by the board to the sponsoring
local government, and any cosponsoring local governments, authorizing
the sponsoring local government, and any cosponsoring local
governments, to impose the local sales and use tax authorized under RCW
82.14.475, subject to the conditions in RCW 82.14.475.
Sec. 67 RCW 43.160.900 and 2008 c 327 s 9 are each amended to
read as follows:
(1) The community economic revitalization board shall conduct
biennial outcome-based evaluations of the financial assistance provided
under this chapter. The evaluations shall include information on the
number of applications for community economic revitalization board
assistance; the number and types of projects approved; the grant or
loan amount awarded each project; the projected number of jobs created
or retained by each project; the actual number and cost of jobs created
or retained by each project; the wages and health benefits associated
with the jobs; the amount of state funds and total capital invested in
projects; the number and types of businesses assisted by funded
projects; the location of funded projects; the transportation
infrastructure available for completed projects; the local match and
local participation obtained; the number of delinquent loans; and the
number of project terminations. The evaluations may also include
additional performance measures and recommendations for programmatic
changes.
(2)(a) By September 1st of each even-numbered year, the board shall
forward its draft evaluation to the ((Washington state economic
development commission)) department of community, trade, and economic
development for review and comment((, as required in section 10 of this
act)). The board shall provide any additional information as may be
requested by the ((commission)) department for the purpose of its
review.
(b) Any written comments or recommendations provided by the
((commission)) department as a result of its review shall be included
in the board's completed evaluation. The evaluation must be presented
to the governor and appropriate committees of the legislature by
December 31st of each even-numbered year. The initial evaluation must
be submitted by December 31, 2010.
Sec. 68 RCW 43.330.050 and 2005 c 136 s 12 are each amended to
read as follows:
The department shall be responsible for promoting community and
economic development within the state by assisting the state's
communities to increase the quality of life of their citizens and their
economic vitality, and by assisting the state's businesses to maintain
and increase their economic competitiveness, while maintaining a
healthy environment. Community and economic development efforts shall
include: Efforts to increase economic opportunity; local planning to
manage growth; the promotion and provision of affordable housing and
housing-related services; providing public infrastructure; business and
trade development; assisting firms and industrial sectors to increase
their competitiveness; fostering the development of minority and women-owned businesses; facilitating technology development, transfer, and
diffusion; community services and advocacy for low-income persons; and
public safety efforts. The department shall have the following general
functions and responsibilities:
(1) Provide advisory assistance to the governor, other state
agencies, and the legislature on community and economic development
matters and issues;
(2) Assist the governor in coordinating the activities of state
agencies that have an impact on local government and communities;
(3) Cooperate with the ((Washington state economic development
commission, the)) legislature((,)) and the governor in the development
and implementation of strategic plans for the state's community and
economic development efforts;
(4) Solicit private and federal grants for economic and community
development programs and administer such programs in conjunction with
other programs assigned to the department by the governor or the
legislature;
(5) Cooperate with and provide technical and financial assistance
to local governments, businesses, and community-based organizations
serving the communities of the state for the purpose of aiding and
encouraging orderly, productive, and coordinated development of the
state, and, unless stipulated otherwise, give additional consideration
to local communities and individuals with the greatest relative need
and the fewest resources;
(6) Participate with other states or subdivisions thereof in
interstate programs and assist cities, counties, municipal
corporations, governmental conferences or councils, and regional
planning commissions to participate with other states and provinces or
their subdivisions;
(7) Hold public hearings and meetings to carry out the purposes of
this chapter;
(8) Conduct research and analysis in furtherance of the state's
economic and community development efforts including maintenance of
current information on market, demographic, and economic trends as they
affect different industrial sectors, geographic regions, and
communities with special economic and social problems in the state; and
(9) Develop a schedule of fees for services where appropriate.
Sec. 69 RCW 43.330.082 and 2007 c 249 s 3 are each amended to
read as follows:
(1) Contracting associate development organizations shall provide
the department with measures of their performance. Annual reports
shall include information on the impact of the contracting organization
on employment, wages, tax revenue, and capital investment. Specific
measures shall be developed in the contracting process between the
department and the contracting organization every two years.
Performance measures should be consistent across regions to allow for
statewide evaluation.
(2)(a) The department and contracting organizations shall agree
upon specific target levels for the performance measures in subsection
(1) of this section. Comparison of agreed thresholds and actual
performance shall occur annually.
(b) Contracting organizations that fail to achieve the agreed
performance targets in more than one-half of the agreed measures shall
develop remediation plans to address performance gaps. The remediation
plans shall include revised performance thresholds specifically chosen
to provide evidence of progress in making the identified service
changes.
(c) Contracts and state funding shall be terminated for one year
for organizations that fail to achieve the agreed upon progress toward
improved performance defined under (b) of this subsection. During the
year in which termination for nonperformance is in effect,
organizations shall review alternative delivery strategies to include
reorganization of the contracting organization, merging of previous
efforts with existing regional partners, and other specific steps
toward improved performance. At the end of the period of termination,
the department may contract with the associate development organization
or its successor as it deems appropriate.
(3) The department shall report to the legislature ((and the
Washington economic development commission)) by December 31st of each
year on the performance results of the contracts with associate
development organizations.
Sec. 70 RCW 43.330.310 and 2008 c 14 s 9 are each amended to read
as follows:
(1) The legislature establishes a comprehensive green economy jobs
growth initiative based on the goal of, by 2020, increasing the number
of green economy jobs to twenty-five thousand from the eight thousand
four hundred green economy jobs the state had in 2004.
(2) The department, in consultation with the employment security
department, the state workforce training and education coordinating
board, the state board ((of [for])) for community and technical
colleges, and the higher education coordinating board, shall develop a
defined list of terms, consistent with current workforce and economic
development terms, associated with green economy industries and jobs.
(3)(a) The employment security department, in consultation with the
department, the state workforce training and education coordinating
board, the state board for community and technical colleges, the higher
education coordinating board, Washington State University small
business development center, and the Washington State University
extension energy program, shall conduct labor market research to
analyze the current labor market and projected job growth in the green
economy, the current and projected recruitment and skill requirement of
green economy industry employers, the wage and benefits ranges of jobs
within green economy industries, and the education and training
requirements of entry-level and incumbent workers in those industries.
(b) The University of Washington business and economic development
center shall: Analyze the current opportunities for and participation
in the green economy by minority and women-owned business enterprises
in Washington; identify existing barriers to their successful
participation in the green economy; and develop strategies with
specific policy recommendations to improve their successful
participation in the green economy. The research may be informed by
the research of the Puget Sound regional council prosperity
partnership, as well as other entities. The University of Washington
business and economic development center shall report to the
appropriate committees of the house of representatives and the senate
on their research, analysis, and recommendations by December 1, 2008.
(4) Based on the findings from subsection (3) of this section, the
employment security department, in consultation with the department and
taking into account the requirements and goals of chapter 14, Laws of
2008 and other state clean energy and energy efficiency policies, shall
propose which industries will be considered high-demand green
industries, based on current and projected job creation and their
strategic importance to the development of the state's green economy.
The employment security department and the department shall take into
account which jobs within green economy industries will be considered
high-wage occupations and occupations that are part of career pathways
to the same, based on family-sustaining wage and benefits ranges.
These designations, and the results of the employment security
department's broader labor market research, shall inform the planning
and strategic direction of the department, the state workforce training
and education coordinating board, the state board for community and
technical colleges, and the higher education coordinating board.
(5) The department shall identify emerging technologies and
innovations that are likely to contribute to advancements in the green
economy, including the activities in designated innovation partnership
zones established in RCW 43.330.270.
(6) The department((, consistent with the priorities established by
the state economic development commission,)) shall:
(a) Develop targeting criteria for existing investments, and make
recommendations for new or expanded financial incentives and
comprehensive strategies, to recruit, retain, and expand green economy
industries and small businesses; and
(b) Make recommendations for new or expanded financial incentives
and comprehensive strategies to stimulate research and development of
green technology and innovation, including designating innovation
partnership zones linked to the green economy.
(7) For the purposes of this section, "target populations" means
(a) entry-level or incumbent workers in high-demand green industries
who are in, or are preparing for, high-wage occupations; (b) dislocated
workers in declining industries who may be retrained for high-wage
occupations in high-demand green industries; (c) dislocated
agriculture, timber, or energy sector workers who may be retrained for
high-wage occupations in high-demand green industries; (d) eligible
veterans or national guard members; (e) disadvantaged populations; or
(f) anyone eligible to participate in the state opportunity grant
program under RCW 28B.50.271.
(8) The legislature directs the state workforce training and
education coordinating board to create and pilot green industry skill
panels. These panels shall consist of business representatives from
industry sectors related to clean energy, labor unions representing
workers in those industries or labor affiliates administering state-approved, joint apprenticeship programs or labor-management partnership
programs that train workers for these industries, state and local
veterans agencies, employer associations, educational institutions, and
local workforce development councils within the region that the panels
propose to operate, and other key stakeholders as determined by the
applicant. Any of these stakeholder organizations are eligible to
receive grants under this section and serve as the intermediary that
convenes and leads the panel. Panel applicants must provide labor
market and industry analysis that demonstrates high demand, or demand
of strategic importance to the development of the state's clean energy
economy as identified in this section, for high-wage occupations, or
occupations that are part of career pathways to the same, within the
relevant industry sector. The panel shall:
(a) Conduct labor market and industry analyses, in consultation
with the employment security department, and drawing on the findings of
its research when available;
(b) Plan strategies to meet the recruitment and training needs of
the industry and small businesses; and
(c) Leverage and align other public and private funding sources.
(9) The green industries jobs training account is created in the
state treasury. Moneys from the account must be utilized to supplement
the state opportunity grant program established under RCW 28B.50.271.
All receipts from appropriations directed to the account must be
deposited into the account. Expenditures from the account may be used
only for the activities identified in this subsection. The state board
for community and technical colleges, in consultation with the state
workforce training and education coordinating board, informed by the
research of the employment security department and the strategies
developed in this section, may authorize expenditures from the account.
The state board for community and technical colleges must distribute
grants from the account on a competitive basis.
(a)(i) Allowable uses of these grant funds, which should be used
when other public or private funds are insufficient or unavailable, may
include:
(A) Curriculum development;
(B) Transitional jobs strategies for dislocated workers in
declining industries who may be retrained for high-wage occupations in
green industries;
(C) Workforce education to target populations; and
(D) Adult basic and remedial education as necessary linked to
occupation skills training.
(ii) Allowable uses of these grant funds do not include student
assistance and support services available through the state opportunity
grant program under RCW 28B.50.271.
(b) Applicants eligible to receive these grants may be any
organization or a partnership of organizations that has demonstrated
expertise in:
(i) Implementing effective education and training programs that
meet industry demand; and
(ii) Recruiting and supporting, to successful completion of those
training programs carried out under these grants, the target
populations of workers.
(c) In awarding grants from the green industries jobs training
account, the state board for community and technical colleges shall
give priority to applicants that demonstrate the ability to:
(i) Use labor market and industry analysis developed by the
employment security department and green industry skill panels in the
design and delivery of the relevant education and training program, and
otherwise utilize strategies developed by green industry skill((s
[skill])) panels;
(ii) Leverage and align existing public programs and resources and
private resources toward the goal of recruiting, supporting, educating,
and training target populations of workers;
(iii) Work collaboratively with other relevant stakeholders in the
regional economy;
(iv) Link adult basic and remedial education, where necessary, with
occupation skills training;
(v) Involve employers and, where applicable, labor unions in the
determination of relevant skills and competencies and, where relevant,
the validation of career pathways; and
(vi) Ensure that supportive services, where necessary, are
integrated with education and training and are delivered by
organizations with direct access to and experience with the targeted
population of workers.
Sec. 71 RCW 82.33A.010 and 2007 c 232 s 8 are each amended to
read as follows:
(1) The economic climate council is hereby created.
(2) The council shall((, in consultation with the Washington
economic development commission,)) select a series of benchmarks that
characterize the competitive environment of the state. The benchmarks
should be indicators of the cost of doing business; the education and
skills of the workforce; a sound infrastructure; and the quality of
life. In selecting the appropriate benchmarks, the council shall use
the following criteria:
(a) The availability of comparative information for other states
and countries;
(b) The timeliness with which benchmark information can be
obtained; and
(c) The accuracy and validity of the benchmarks in measuring the
economic climate indicators named in this section.
(3) Each year the council shall prepare an official state economic
climate report on the present status of benchmarks, changes in the
benchmarks since the previous report, and the reasons for the changes.
The reports shall include current benchmark comparisons with other
states and countries, and an analysis of factors related to the
benchmarks that may affect the ability of the state to compete
economically at the national and international level.
(4) All agencies of state government shall provide to the council
immediate access to all information relating to economic climate
reports.
NEW SECTION. Sec. 72 RCW 70.168.020 (Steering committee--Composition -- Appointment) and 2000 c 93 s 20, 1990 c 269 s 5, & 1988 c
183 s 2 are each repealed.
Sec. 73 RCW 70.168.030 and 1998 c 245 s 117 are each amended to
read as follows:
(1) ((Upon the recommendation of the steering committee,)) The
director of the office of financial management shall contract with an
independent party for an analysis of the state's trauma system.
(2) The analysis shall contain at a minimum, the following:
(a) The identification of components of a functional statewide
trauma care system, including standards; and
(b) An assessment of the current trauma care program compared with
the functional statewide model identified in subsection (a) of this
section, including an analysis of deficiencies and reasons for the
deficiencies.
(3) The analysis shall provide a design for a statewide trauma care
system based on the findings of the committee under subsection (2) of
this section, with a plan for phased-in implementation. The plan shall
include, at a minimum, the following:
(a) Responsibility for implementation;
(b) Administrative authority at the state, regional, and local
levels;
(c) Facility, equipment, and personnel standards;
(d) Triage and care criteria;
(e) Data collection and use;
(f) Cost containment strategies;
(g) System evaluation; and
(h) Projected costs.
Sec. 74 RCW 70.168.050 and 1990 c 269 s 3 are each amended to
read as follows:
(1) The department((, in consultation with, and having solicited
the advice of, the emergency medical services and trauma care steering
committee,)) shall establish the Washington state emergency medical
services and trauma care system.
(2) The department shall adopt rules consistent with this chapter
to carry out the purpose of this chapter. All rules shall be adopted
in accordance with chapter 34.05 RCW. All rules and procedures adopted
by the department shall minimize paperwork and compliance requirements
for facilities and other participants. The department shall assure an
opportunity for consultation, review, and comment by the public and
providers of emergency medical services and trauma care before adoption
of rules. When developing rules to implement this chapter the
department shall consider the report of the Washington state trauma
project established under chapter 183, Laws of 1988. Nothing in this
chapter requires the department to follow any specific recommendation
in that report except as it may also be included in this chapter.
(3) The department may apply for, receive, and accept gifts and
other payments, including property and service, from any governmental
or other public or private entity or person, and may make arrangements
as to the use of these receipts, including any activities related to
the design, maintenance, or enhancements of the emergency medical
services and trauma care system in the state. The department shall
make available upon request to the appropriate legislative committees
information concerning the source, amount, and use of such gifts or
payments.
Sec. 75 RCW 70.168.060 and 1990 c 269 s 8 are each amended to
read as follows:
The department((, in consultation with and having solicited the
advice of the emergency medical services and trauma care steering
committee,)) shall:
(1) Establish the following on a statewide basis:
(a) By September 1990, minimum standards for facility, equipment,
and personnel for level I, II, III, IV, and V trauma care services;
(b) By September 1990, minimum standards for facility, equipment,
and personnel for level I, I-pediatric, II, and III trauma-related
rehabilitative services;
(c) By September 1990, minimum standards for facility, equipment,
and personnel for level I, II, and III pediatric trauma care services;
(d) By September 1990, minimum standards required for verified
prehospital trauma care services, including equipment and personnel;
(e) Personnel training requirements and programs for providers of
trauma care. The department shall design programs which are accessible
to rural providers including on-site training;
(f) Statewide emergency medical services and trauma care system
objectives and priorities;
(g) Minimum standards for the development of facility patient care
protocols and prehospital patient care protocols and patient care
procedures;
(h) By July 1991, minimum standards for an effective emergency
medical communication system;
(i) Minimum standards for an effective emergency medical services
transportation system; and
(j) By July 1991, establish a program for emergency medical
services and trauma care research and development;
(2) Establish statewide standards, personnel training requirements
and programs, system objectives and priorities, protocols and
guidelines as required in subsection (1) of this section, by utilizing
those standards adopted in the report of the Washington trauma advisory
committee as authorized by chapter 183, Laws of 1988. In establishing
standards for level IV or V trauma care services the department may
adopt similar standards adopted for services provided in rural health
care facilities authorized in chapter 70.175 RCW. The department may
modify standards, personnel training requirements and programs, system
objectives and priorities, and guidelines in rule if the department
determines that such modifications are necessary to meet federal and
other state requirements or are essential to allow the department and
others to establish the system or should it determine that public
health considerations or efficiencies in the delivery of emergency
medical services and trauma care warrant such modifications;
(3) Designate emergency medical services and trauma care planning
and service regions as provided for in this chapter;
(4) By July 1, 1992, establish the minimum and maximum number of
hospitals and health care facilities in the state and within each
emergency medical services and trauma care planning and service region
that may provide designated trauma care services based upon approved
regional emergency medical services and trauma care plans;
(5) By July 1, 1991, establish the minimum and maximum number of
prehospital providers in the state and within each emergency medical
services and trauma care planning and service region that may provide
verified trauma care services based upon approved regional emergency
medical services and trauma care plans;
(6) By July 1993, begin the designation of hospitals and health
care facilities to provide designated trauma care services in
accordance with needs identified in the statewide emergency medical
services and trauma care plan;
(7) By July 1990, adopt a format for submission of the regional
plans to the department;
(8) By July 1991, begin the review and approval of regional
emergency medical services and trauma care plans;
(9) By July 1992, prepare regional plans for those regions that do
not submit a regional plan to the department that meets the
requirements of this chapter;
(10) By October 1992, prepare and implement the statewide emergency
medical services and trauma care system plan incorporating the regional
plans;
(11) Coordinate the statewide emergency medical services and trauma
care system to assure integration and smooth operation between the
regions;
(12) ((Facilitate coordination between the emergency medical
services and trauma care steering committee and the emergency medical
services licensing and certification advisory committee;)) Monitor the statewide emergency medical services and trauma
care system;
(13)
(((14))) (13) Conduct a study of all costs, charges, expenses, and
levels of reimbursement associated with providers of trauma care
services, and provide its findings and any recommendations regarding
adequate and equitable reimbursement to trauma care providers to the
legislature by July 1, 1991;
(((15))) (14) Monitor the level of public and private payments made
on behalf of trauma care patients to determine whether health care
providers have been adequately reimbursed for the costs of care
rendered such persons;
(((16))) (15) By July 1991, design and establish the statewide
trauma care registry as authorized in RCW 70.168.090 to (a) assess the
effectiveness of emergency medical services and trauma care delivery,
and (b) modify standards and other system requirements to improve the
provision of emergency medical services and trauma care;
(((17))) (16) By July 1991, develop patient outcome measures to
assess the effectiveness of emergency medical services and trauma care
in the system;
(((18))) (17) By July 1993, develop standards for regional
emergency medical services and trauma care quality assurance programs
required in RCW 70.168.090;
(((19))) (18) Administer funding allocated to the department for
the purpose of creating, maintaining, or enhancing the statewide
emergency medical services and trauma care system; and
(((20))) (19) By October 1990, begin coordination and development
of trauma prevention and education programs.
Sec. 76 RCW 70.168.130 and 1990 c 269 s 16 are each amended to
read as follows:
(1) The department((, with the assistance of the emergency medical
services and trauma care steering committee,)) shall adopt a program
for the disbursement of funds for the development, implementation, and
enhancement of the emergency medical services and trauma care system.
Under the program, the department shall disburse funds to each
emergency medical services and trauma care regional council, or their
chosen fiscal agent or agents, which shall be city or county
governments, stipulating the purpose for which the funds shall be
expended. The regional emergency medical services and trauma care
council shall use such funds to make available matching grants in an
amount not to exceed fifty percent of the cost of the proposal for
which the grant is made; provided, the department may waive or modify
the matching requirement if it determines insufficient local funding
exists and the public health and safety would be jeopardized if the
proposal were not funded. Grants shall be made to any public or
private nonprofit agency which, in the judgment of the regional
emergency medical services and trauma care council, will best fulfill
the purpose of the grant.
(2) Grants may be awarded for any of the following purposes:
(a) Establishment and initial development of an emergency medical
services and trauma care system;
(b) Expansion and improvement of an emergency medical services and
trauma care system;
(c) Purchase of equipment for the operation of an emergency medical
services and trauma care system;
(d) Training and continuing education of emergency medical and
trauma care personnel; and
(e) Department approved research and development activities
pertaining to emergency medical services and trauma care.
(3) Any emergency medical services agency or trauma care provider
which receives a grant shall stipulate that it will:
(a) Operate in accordance with applicable provisions and standards
required under this chapter;
(b) Provide, without prior inquiry as to ability to pay, emergency
medical and trauma care to all patients requiring such care; and
(c) Be consistent with applicable provisions of the regional
emergency medical services and trauma care plan and the statewide
emergency medical services and trauma care system plan.
Sec. 77 RCW 18.76.050 and 1990 c 269 s 21 are each amended to
read as follows:
The secretary ((with the advice of the emergency medical services
and trauma care steering committee established under RCW 18.73.050))
shall adopt rules, under chapter 34.05 RCW, prescribing:
(1) Standards for the operation of a poison information center;
(2) Standards and procedures for certification, recertification and
decertification of poison center medical directors and poison
information specialists; and
(3) Standards and procedures for reciprocity with other states or
national certifying agencies.
NEW SECTION. Sec. 78 RCW 38.52.040 (Emergency management
council -- Members -- Ad hoc committees -- Function as state emergency
response commission -- Rules review) and 1995 c 269 s 1202, 1988 c 81 s
18, 1984 c 38 s 5, 1979 ex.s. c 57 s 8, 1975-'76 2nd ex.s. c 34 s 82,
1974 ex.s. c 171 s 6, & 1951 c 178 s 5 are each repealed.
Sec. 79 RCW 38.52.030 and 1997 c 49 s 2 are each amended to read
as follows:
(1) The director may employ such personnel and may make such
expenditures within the appropriation therefor, or from other funds
made available for purposes of emergency management, as may be
necessary to carry out the purposes of this chapter.
(2) The director, subject to the direction and control of the
governor, shall be responsible to the governor for carrying out the
program for emergency management of this state. The director shall
coordinate the activities of all organizations for emergency management
within the state, and shall maintain liaison with and cooperate with
emergency management agencies and organizations of other states and of
the federal government, and shall have such additional authority,
duties, and responsibilities authorized by this chapter, as may be
prescribed by the governor.
(3) The director shall develop and maintain a comprehensive, all-hazard emergency plan for the state which shall include an analysis of
the natural, technological, or human caused hazards which could affect
the state of Washington, and shall include the procedures to be used
during emergencies for coordinating local resources, as necessary, and
the resources of all state agencies, departments, commissions, and
boards. The comprehensive emergency management plan shall direct the
department in times of state emergency to administer and manage the
state's emergency operations center. This will include representation
from all appropriate state agencies and be available as a single point
of contact for the authorizing of state resources or actions, including
emergency permits. The comprehensive emergency management plan must
specify the use of the incident command system for
multiagency/multijurisdiction operations. The comprehensive, all-hazard emergency plan authorized under this subsection may not include
preparation for emergency evacuation or relocation of residents in
anticipation of nuclear attack. This plan shall be known as the
comprehensive emergency management plan.
(4) In accordance with the comprehensive emergency management plans
and the programs for the emergency management of this state, the
director shall procure supplies and equipment, institute training
programs and public information programs, and shall take all other
preparatory steps, including the partial or full mobilization of
emergency management organizations in advance of actual disaster, to
insure the furnishing of adequately trained and equipped forces of
emergency management personnel in time of need.
(5) The director shall make such studies and surveys of the
industries, resources, and facilities in this state as may be necessary
to ascertain the capabilities of the state for emergency management,
and shall plan for the most efficient emergency use thereof.
(6) ((The emergency management council shall advise the director on
all aspects of the communications and warning systems and facilities
operated or controlled under the provisions of this chapter.)) The director, through the state enhanced 911 coordinator,
shall coordinate and facilitate implementation and operation of a
statewide enhanced 911 emergency communications network.
(7)
(((8))) (7) The director shall appoint a state coordinator of
search and rescue operations to coordinate those state resources,
services and facilities (other than those for which the state director
of aeronautics is directly responsible) requested by political
subdivisions in support of search and rescue operations, and on request
to maintain liaison with and coordinate the resources, services, and
facilities of political subdivisions when more than one political
subdivision is engaged in joint search and rescue operations.
(((9))) (8) The director, subject to the direction and control of
the governor, shall prepare and administer a state program for
emergency assistance to individuals within the state who are victims of
a natural, technological, or human caused disaster, as defined by RCW
38.52.010(6). Such program may be integrated into and coordinated with
disaster assistance plans and programs of the federal government which
provide to the state, or through the state to any political subdivision
thereof, services, equipment, supplies, materials, or funds by way of
gift, grant, or loan for purposes of assistance to individuals affected
by a disaster. Further, such program may include, but shall not be
limited to, grants, loans, or gifts of services, equipment, supplies,
materials, or funds of the state, or any political subdivision thereof,
to individuals who, as a result of a disaster, are in need of
assistance and who meet standards of eligibility for disaster
assistance established by the department of social and health services:
PROVIDED, HOWEVER, That nothing herein shall be construed in any manner
inconsistent with the provisions of Article VIII, section 5 or section
7 of the Washington state Constitution.
(((10))) (9) The director shall appoint a state coordinator for
radioactive and hazardous waste emergency response programs. The
coordinator shall consult with the state radiation control officer in
matters relating to radioactive materials. The duties of the state
coordinator for radioactive and hazardous waste emergency response
programs shall include:
(a) Assessing the current needs and capabilities of state and local
radioactive and hazardous waste emergency response teams on an ongoing
basis;
(b) Coordinating training programs for state and local officials
for the purpose of updating skills relating to emergency mitigation,
preparedness, response, and recovery;
(c) Utilizing appropriate training programs such as those offered
by the federal emergency management agency, the department of
transportation and the environmental protection agency; and
(d) Undertaking other duties in this area that are deemed
appropriate by the director.
Sec. 80 RCW 38.52.070 and 1997 c 49 s 4 are each amended to read
as follows:
(1) Each political subdivision of this state is hereby authorized
and directed to establish a local organization or to be a member of a
joint local organization for emergency management in accordance with
the state comprehensive emergency management plan and program:
PROVIDED, That a political subdivision proposing such establishment
shall submit its plan and program for emergency management to the state
director and secure his or her recommendations thereon, and
verification of consistency with the state comprehensive emergency
management plan, in order that the plan of the local organization for
emergency management may be coordinated with the plan and program of
the state. Local comprehensive emergency management plans must specify
the use of the incident command system for
multiagency/multijurisdiction operations. No political subdivision may
be required to include in its plan provisions for the emergency
evacuation or relocation of residents in anticipation of nuclear
attack. ((If the director's recommendations are adverse to the plan as
submitted, and, if the local organization does not agree to the
director's recommendations for modification to the proposal, the matter
shall be referred to the council for final action.)) The director may
authorize two or more political subdivisions to join in the
establishment and operation of a joint local organization for emergency
management as circumstances may warrant, in which case each political
subdivision shall contribute to the cost of emergency management upon
such fair and equitable basis as may be determined upon by the
executive heads of the constituent subdivisions. If in any case the
executive heads cannot agree upon the proper division of cost the
matter shall be referred to the ((council)) director for arbitration
and its decision shall be final. When two or more political
subdivisions join in the establishment and operation of a joint local
organization for emergency management each shall pay its share of the
cost into a special pooled fund to be administered by the treasurer of
the most populous subdivision, which fund shall be known as the
. . . . . . emergency management fund. Each local organization or
joint local organization for emergency management shall have a director
who shall be appointed by the executive head of the political
subdivision, and who shall have direct responsibility for the
organization, administration, and operation of such local organization
for emergency management, subject to the direction and control of such
executive officer or officers. In the case of a joint local
organization for emergency management, the director shall be appointed
by the joint action of the executive heads of the constituent political
subdivisions. Each local organization or joint local organization for
emergency management shall perform emergency management functions
within the territorial limits of the political subdivision within which
it is organized, and, in addition, shall conduct such functions outside
of such territorial limits as may be required pursuant to the
provisions of this chapter.
(2) In carrying out the provisions of this chapter each political
subdivision, in which any disaster as described in RCW 38.52.020
occurs, shall have the power to enter into contracts and incur
obligations necessary to combat such disaster, protecting the health
and safety of persons and property, and providing emergency assistance
to the victims of such disaster. Each political subdivision is
authorized to exercise the powers vested under this section in the
light of the exigencies of an extreme emergency situation without
regard to time-consuming procedures and formalities prescribed by law
(excepting mandatory constitutional requirements), including, but not
limited to, budget law limitations, requirements of competitive bidding
and publication of notices, provisions pertaining to the performance of
public work, entering into contracts, the incurring of obligations, the
employment of temporary workers, the rental of equipment, the purchase
of supplies and materials, the levying of taxes, and the appropriation
and expenditures of public funds.
Sec. 81 RCW 38.52.240 and 1986 c 266 s 33 are each amended to
read as follows:
The compensation board shall hear and decide all applications for
compensation under this chapter. The board shall submit its
recommendations to the director on such forms as he or she may
prescribe. ((In case the decision of the director is different from
the recommendation of the compensation board, the matter shall be
submitted to the state emergency management council for action.))
Sec. 82 RCW 38.52.330 and 1986 c 266 s 38 are each amended to
read as follows:
The department is authorized to make all expenditures necessary and
proper to carry out the provisions of this chapter including payments
to claimants for compensation as emergency workers and their
dependents; to adjust and dispose of all claims submitted by a local
compensation board. When medical treatment is necessary, the
department is authorized to make medical and compensation payments on
an interim basis. Nothing herein shall be construed to mean that the
department ((or the state emergency management council)) or its
officers or agents shall have the final decision with respect to the
compensability of any case or the amount of compensation or benefits
due, but any emergency worker or his or her dependents shall have the
same right of appeal from any order, decision, or award to the same
extent as provided in chapter 51.32 RCW.
Sec. 83 RCW 46.48.170 and 1988 c 81 s 19 are each amended to read
as follows:
The Washington state patrol acting by and through the chief of the
Washington state patrol shall have the authority to adopt and enforce
the regulations promulgated by the United States department of
transportation, Title 49 CFR parts 100 through 199, transportation of
hazardous materials, as these regulations apply to motor carriers.
"Motor carrier" means any person engaged in the transportation of
passengers or property operating interstate and intrastate upon the
public highways of this state, except farmers. The chief of the
Washington state patrol ((shall confer with the emergency management
council under RCW 38.52.040 and)) may make rules and regulations
pertaining thereto, sufficient to protect persons and property from
unreasonable risk of harm or damage. The chief of the Washington state
patrol shall establish such additional rules not inconsistent with
Title 49 CFR parts 100 through 199, transportation of hazardous
materials, which for compelling reasons make necessary the reduction of
risk associated with the transportation of hazardous materials. No
such rules may lessen a standard of care; however, the chief of the
Washington state patrol may((, after conferring with the emergency
management council,)) establish a rule imposing a more stringent
standard of care. The chief of the Washington state patrol shall
appoint the necessary qualified personnel to carry out the provisions
of RCW 46.48.170 through ((46.48.190)) 46.48.185.
NEW SECTION. Sec. 84 The following acts or parts of acts are
each repealed:
(1) RCW 18.73.040 (Emergency medical services licensing and
certification advisory committee) and 1990 c 269 s 6, 1984 c 279 s 55,
1981 c 338 s 13, 1979 ex.s. c 261 s 2, 1975-'76 2nd ex.s. c 34 s 43, &
1973 1st ex.s. c 208 s 4; and
(2) RCW 18.73.050 (Committee -- Duties -- Review of rules) and 1990 c
269 s 7, 1987 c 214 s 3, 1979 ex.s. c 261 s 3, & 1973 1st ex.s. c 208
s 5.
Sec. 85 RCW 18.71.205 and 1996 c 191 s 55 and 1996 c 178 s 6 are
each reenacted and amended to read as follows:
(1) The secretary of the department of health((, in conjunction
with the advice and assistance of the emergency medical services
licensing and certification advisory committee as prescribed in RCW
18.73.050, and the commission,)) shall prescribe:
(a) Practice parameters, training standards for, and levels of,
physician trained emergency medical service intermediate life support
technicians and paramedics;
(b) Minimum standards and performance requirements for the
certification and recertification of physician's trained emergency
medical service intermediate life support technicians and paramedics;
and
(c) Procedures for certification, recertification, and
decertification of physician's trained emergency medical service
intermediate life support technicians and paramedics.
(2) Initial certification shall be for a period established by the
secretary pursuant to RCW 43.70.250 and 43.70.280.
(3) Recertification shall be granted upon proof of continuing
satisfactory performance and education, and shall be for a period
established by the secretary pursuant to RCW 43.70.250 and 43.70.280.
(4) As used in chapters 18.71 and 18.73 RCW, "approved medical
program director" means a person who:
(a) Is licensed to practice medicine and surgery pursuant to
chapter 18.71 RCW or osteopathic medicine and surgery pursuant to
chapter 18.57 RCW; and
(b) Is qualified and knowledgeable in the administration and
management of emergency care and services; and
(c) Is so certified by the department of health for a county, group
of counties, or cities with populations over four hundred thousand in
coordination with the recommendations of the local medical community
and local emergency medical services and trauma care council.
(5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs
uncertified practice, the issuance and denial of certificates, and the
disciplining of certificate holders under this section. The secretary
shall be the disciplining authority under this section. Disciplinary
action shall be initiated against a person credentialed under this
chapter in a manner consistent with the responsibilities and duties of
the medical program director under whom such person is responsible.
(6) Such activities of physician's trained emergency medical
service intermediate life support technicians and paramedics shall be
limited to actions taken under the express written or oral order of
medical program directors and shall not be construed at any time to
include free standing or nondirected actions, for actions not
presenting an emergency or life-threatening condition.
Sec. 86 RCW 18.73.030 and 2005 c 193 s 2 are each amended to read
as follows:
Unless a different meaning is plainly required by the context, the
following words and phrases as used in this chapter shall have the
meanings indicated.
(1) "Secretary" means the secretary of the department of health.
(2) "Department" means the department of health.
(3) (("Committee" means the emergency medical services licensing
and certification advisory committee.)) "Ambulance" means a ground or air vehicle designed and used
to transport the ill and injured and to provide personnel, facilities,
and equipment to treat patients before and during transportation.
(4)
(((5))) (4) "Aid vehicle" means a vehicle used to carry aid
equipment and individuals trained in first aid or emergency medical
procedure.
(((6))) (5) "Emergency medical technician" means a person who is
authorized by the secretary to render emergency medical care pursuant
to RCW 18.73.081.
(((7))) (6) "Ambulance service" means an organization that operates
one or more ambulances.
(((8))) (7) "Aid service" means an organization that operates one
or more aid vehicles.
(((9))) (8) "Emergency medical service" means medical treatment and
care which may be rendered at the scene of any medical emergency or
while transporting any patient in an ambulance to an appropriate
medical facility, including ambulance transportation between medical
facilities.
(((10))) (9) "Communications system" means a radio and landline
network which provides rapid public access, coordinated central
dispatching of services, and coordination of personnel, equipment, and
facilities in an emergency medical services and trauma care system.
(((11))) (10) "Prehospital patient care protocols" means the
written procedure adopted by the emergency medical services medical
program director which direct the out-of-hospital emergency care of the
emergency patient which includes the trauma care patient. These
procedures shall be based upon the assessment of the patient's medical
needs and what treatment will be provided for emergency conditions.
The protocols shall meet or exceed statewide minimum standards
developed by the department in rule as authorized in chapter 70.168
RCW.
(((12))) (11) "Patient care procedures" means written operating
guidelines adopted by the regional emergency medical services and
trauma care council, in consultation with the local emergency medical
services and trauma care councils, emergency communication centers, and
the emergency medical services medical program director, in accordance
with statewide minimum standards. The patient care procedures shall
identify the level of medical care personnel to be dispatched to an
emergency scene, procedures for triage of patients, the level of trauma
care facility to first receive the patient, and the name and location
of other trauma care facilities to receive the patient should an
interfacility transfer be necessary. Procedures on interfacility
transfer of patients shall be consistent with the transfer procedures
in chapter 70.170 RCW.
(((13))) (12) "Emergency medical services medical program director"
means a person who is an approved medical program director as defined
by RCW 18.71.205(4).
(((14))) (13) "Council" means the local or regional emergency
medical services and trauma care council as authorized under chapter
70.168 RCW.
(((15))) (14) "Basic life support" means noninvasive emergency
medical services requiring basic medical treatment skills as defined in
chapter 18.73 RCW.
(((16))) (15) "Advanced life support" means invasive emergency
medical services requiring advanced medical treatment skills as defined
by chapter 18.71 RCW.
(((17))) (16) "First responder" means a person who is authorized by
the secretary to render emergency medical care as defined by RCW
18.73.081.
(((18))) (17) "Stretcher" means a cart designed to serve as a
litter for the transportation of a patient in a prone or supine
position as is commonly used in the ambulance industry, such as wheeled
stretchers, portable stretchers, stair chairs, solid backboards, scoop
stretchers, basket stretchers, or flexible stretchers. The term does
not include personal mobility aids that recline at an angle or remain
at a flat position, that are owned or leased for a period of at least
one week by the individual using the equipment or the individual's
guardian or representative, such as wheelchairs, personal gurneys, or
banana carts.
Sec. 87 RCW 18.73.101 and 2000 c 93 s 17 are each amended to read
as follows:
The secretary may grant a variance from a provision of this chapter
and RCW 18.71.200 through 18.71.220 if no detriment to health and
safety would result from the variance and compliance is expected to
cause reduction or loss of existing emergency medical services.
Variances may be granted for a period of no more than one year. A
variance may be renewed by the secretary ((upon approval of the
committee)).
NEW SECTION. Sec. 88 RCW 15.76.170 (Fairs commission -- Creation,
terms, compensation, powers and duties) and 1984 c 287 s 18, 1975-'76
2nd ex.s. c 34 s 21, 1975 1st ex.s. c 7 s 11, & 1961 c 61 s 8 are each
repealed.
Sec. 89 RCW 15.76.110 and 1961 c 61 s 2 are each amended to read
as follows:
"Director" shall mean the director of agriculture. (("Commission"
shall mean the fairs commission created by this chapter.)) "State
allocations" shall mean allocations from the state fair fund.
Sec. 90 RCW 15.76.150 and 2002 c 313 s 113 are each amended to
read as follows:
The director shall have the authority to make allocations from the
state fair fund, including interest income under RCW 43.79A.040,
exclusively as follows: Eighty-five percent to participating
agricultural fairs, distributed according to the merit of such fairs
measured by a merit rating to be set up by the director. This merit
rating shall take into account such factors as area and population
served, open and/or youth participation, attendance, gate receipts,
number and type of exhibits, premiums and prizes paid, community
support, evidence of successful achievement of the aims and purposes of
the fair, extent of improvements made to grounds and facilities from
year to year, and overall condition and appearance of grounds and
facilities. The remaining fifteen percent of money in the state fair
fund may be used for special assistance to any participating fair or
fairs and for administrative expenses incurred in the administration of
this chapter only((, including expenses incurred by the fair commission
as may be approved by the director)): PROVIDED, That not more than
five percent of the state fair fund may be used for such expenses.
The division and payment of funds authorized in this section shall
occur at such times as the director may prescribe.
NEW SECTION. Sec. 91 The following acts or parts of acts are
each repealed:
(1) RCW 70.112.030 (Family practice education advisory board--Chairman -- Membership) and 1975 1st ex.s. c 108 s 3;
(2) RCW 70.112.040 (Advisory board -- Terms of members -- Filling
vacancies) and 1975 1st ex.s. c 108 s 4; and
(3) RCW 70.112.050 (Advisory board -- Duties) and 1998 c 245 s 111 &
1975 1st ex.s. c 108 s 5.
Sec. 92 RCW 70.112.010 and 1975 1st ex.s. c 108 s 1 are each
amended to read as follows:
(1) "School of medicine" means the University of Washington school
of medicine located in Seattle, Washington;
(2) "Residency programs" mean community based family practice
residency educational programs either in existence or established under
this chapter;
(3) "Affiliated" means established or developed in cooperation with
the school of medicine;
(4) "Family practice unit" means the community facility or
classroom used for training of ambulatory health skills within a
residency training program; and
(((5) "Advisory board" means the family practice education advisory
board created by this chapter.))
Sec. 93 RCW 70.112.020 and 1975 1st ex.s. c 108 s 2 are each
amended to read as follows:
There is established a statewide medical education system for the
purpose of training resident physicians in family practice. The dean
of the school of medicine shall be responsible for implementing the
development and expansion of residency programs in cooperation with the
medical profession, hospitals, and clinics located throughout the
state. The chairman of the department of family medicine in the school
of medicine((, with the consent of the advisory board,)) shall
determine where affiliated residency programs shall exist; giving
consideration to communities in the state where the population,
hospital facilities, number of physicians, and interest in medical
education indicate the potential success of the residency program. The
medical education system shall provide financial support for residents
in training for those programs which are affiliated with the school of
medicine and shall establish positions for appropriate faculty to staff
these programs. The number of programs shall be determined by the
board and be in keeping with the needs of the state.
NEW SECTION. Sec. 94 The following acts or parts of acts are
each repealed:
(1) RCW 43.43.932 (State fire protection policy board -- Created--Members) and 2005 c 35 s 1, 1995 c 369 s 15, & 1986 c 266 s 55; and
(2) RCW 43.43.936 (State fire protection policy board -- Advisory
duties) and 1995 c 369 s 17, 1993 c 280 s 70, & 1986 c 266 s 57.
Sec. 95 RCW 43.43.934 and 2003 c 316 s 1 are each amended to read
as follows:
((Except for matters relating to the statutory duties of the chief
of the Washington state patrol that are to be carried out through)) The
director of fire protection((, the board shall have the responsibility
of developing a comprehensive state policy regarding fire protection
services. In carrying out its duties, the board)) shall:
(1)(a) ((Adopt a state fire training and education master plan that
allows to the maximum feasible extent for negotiated agreements:)) (i)
With the state board for community and technical colleges ((to)),
provide academic, vocational, and field training programs for the fire
service; and (ii) with the higher education coordinating board and the
state colleges and universities ((to)), provide instructional programs
requiring advanced training, especially in command and management
skills;
(b) ((Adopt minimum standards for each level of responsibility
among personnel with fire suppression, prevention, inspection, and
investigation responsibilities that assure continuing assessment of
skills and are flexible enough to meet emerging technologies. With
particular respect to training for fire investigations, the master plan
shall encourage cross training in appropriate law enforcement skills.
To meet special local needs, fire agencies may adopt more stringent
requirements than those adopted by the state;)) Cooperate with the common schools, technical and community
colleges, institutions of higher education, and any department or
division of the state, or of any county or municipal corporation in
establishing and maintaining instruction in fire service training and
education in accordance with any act of congress and legislation
enacted by the legislature in pursuance thereof and in establishing,
building, and operating training and education facilities.
(c)
Industrial fire departments and private fire investigators may
participate in training and education programs under this chapter for
a reasonable fee established by rule;
(((d))) (c) Develop and adopt a master plan for constructing,
equipping, maintaining, and operating necessary fire service training
and education facilities subject to the provisions of chapter 43.19
RCW;
(((e))) (d) Develop and adopt a master plan for the purchase,
lease, or other acquisition of real estate necessary for fire service
training and education facilities in a manner provided by law; and
(((f))) (e) Develop and adopt a plan with a goal of providing
firefighter one and wildland training, as defined by the board, to all
firefighters in the state. Wildland training reimbursement will be
provided if a fire protection district or a city fire department has
and is fulfilling their interior attack policy or if they do not have
an interior attack policy. The plan will include a reimbursement for
fire protection districts and city fire departments of not less than
three dollars for every hour of firefighter one or wildland training.
The Washington state patrol shall not provide reimbursement for more
than two hundred hours of firefighter one or wildland training for each
firefighter trained.
(2) ((In addition to its responsibilities for fire service
training, the board shall:)) (a) Promote mutual aid and disaster planning for fire
services in this state;
(a) Adopt a state fire protection master plan;
(b) Monitor fire protection in the state and develop objectives and
priorities to improve fire protection for the state's citizens
including: (i) The comprehensiveness of state and local inspections
required by law for fire and life safety; (ii) the level of skills and
training of inspectors, as well as needs for additional training; and
(iii) the efforts of local, regional, and state inspection agencies to
improve coordination and reduce duplication among inspection efforts;
(c) Establish and promote state arson control programs and ensure
development of local arson control programs;
(d) Provide representation for local fire protection services to
the governor in state-level fire protection planning matters such as,
but not limited to, hazardous materials control;
(e) Recommend to the adjutant general rules on minimum information
requirements of automatic location identification for the purposes of
enhanced 911 emergency service;
(f) Seek and solicit grants, gifts, bequests, devises, and matching
funds for use in furthering the objectives and duties of the board, and
establish procedures for administering them;
(g)
(((h))) (b) Assure the dissemination of information concerning the
amount of fire damage including that damage caused by arson, and its
causes and prevention; and
(((i))) (c) Implement any legislation enacted by the legislature to
meet the requirements of any acts of congress that apply to this
section.
(3) In carrying out its statutory duties, the ((board)) office of
the state fire marshal shall give particular consideration to the
appropriate roles to be played by the state and by local jurisdictions
with fire protection responsibilities. Any determinations on the
division of responsibility shall be made in consultation with local
fire officials and their representatives.
To the extent possible, the ((board)) office of the state fire
marshal shall encourage development of regional units along compatible
geographic, population, economic, and fire risk dimensions. Such
regional units may serve to: (a) Reinforce coordination among state
and local activities in fire service training, reporting, inspections,
and investigations; (b) identify areas of special need, particularly in
smaller jurisdictions with inadequate resources; (c) assist the state
in its oversight responsibilities; (d) identify funding needs and
options at both the state and local levels; and (e) provide models for
building local capacity in fire protection programs.
Sec. 96 RCW 43.43.962 and 2003 c 405 s 3 are each amended to read
as follows:
The ((state fire protection policy board shall review and make
recommendations to the chief on the refinement and maintenance of the))
Washington state fire services mobilization plan((, which)) shall
include the procedures to be used during fire and other emergencies for
coordinating local, regional, and state fire jurisdiction resources.
((In carrying out this duty, the fire protection policy board shall
consult with and solicit recommendations from representatives of state
and local fire and emergency management organizations, regional fire
defense boards, and the department of natural resources.)) The
Washington state fire services mobilization plan shall be consistent
with, and made part of, the Washington state comprehensive emergency
management plan. The chief shall ((review the fire services
mobilization plan as submitted by the fire protection policy board,
recommend changes that may be necessary, and)) approve the fire
services mobilization plan for inclusion within the state comprehensive
emergency management plan.
It is the responsibility of the chief to mobilize jurisdictions
under the Washington state fire services mobilization plan. The state
fire marshal shall serve as the state fire resources coordinator when
the Washington state fire services mobilization plan is mobilized.
Sec. 97 RCW 38.52.530 and 2006 c 210 s 1 are each amended to read
as follows:
The enhanced 911 advisory committee is created to advise and assist
the state enhanced 911 coordinator in coordinating and facilitating the
implementation and operation of enhanced 911 throughout the state. The
director shall appoint members of the committee who represent diverse
geographical areas of the state and include state residents who are
members of the national emergency number association, the associated
public communications officers Washington chapter, the Washington state
fire chiefs association, the Washington association of sheriffs and
police chiefs, the Washington state council of firefighters, the
Washington state council of police officers, the Washington ambulance
association, ((the state fire protection policy board,)) the Washington
state firefighters association, the Washington state association of
fire marshals, the Washington fire commissioners association, the
Washington state patrol, the association of Washington cities, the
Washington state association of counties, the utilities and
transportation commission or commission staff, a representative of a
voice over internet protocol company, and an equal number of
representatives of large and small local exchange telephone companies
and large and small radio communications service companies offering
commercial mobile radio service in the state. This section expires
December 31, 2011.
Sec. 98 RCW 49.26.120 and 1995 c 218 s 6 are each amended to read
as follows:
(1) No person may assign any employee, contract with, or permit any
individual or person to remove or encapsulate asbestos in any facility
unless performed by a certified asbestos worker and under the direct,
on-site supervision of a certified asbestos supervisor. In cases in
which an employer conducts an asbestos abatement project in its own
facility and by its own employees, supervision can be performed in the
regular course of a certified asbestos supervisor's duties. Asbestos
workers must have access to certified asbestos supervisors throughout
the duration of the project.
(2) The department shall require persons undertaking asbestos
projects to provide written notice to the department before the
commencement of the project except as provided in RCW 49.26.125. The
notice shall include a written description containing such information
as the department requires by rule. The department may by rule allow
a person to report multiple projects at one site in one report. The
department shall by rule establish the procedure and criteria by which
a person will be considered to have attempted to meet the
prenotification requirement.
(3) The department shall consult with the ((state fire protection
policy board,)) Washington state association of fire chiefs and may
establish any additional policies and procedures for municipal fire
department and fire district personnel who clean up sites after fires
which have rendered it likely that asbestos has been or will be
disturbed or released into the air.
NEW SECTION. Sec. 99 The following acts or parts of acts are
each repealed:
(1) RCW 70.105E.070 (Disclosure of costs and clean-up budgets) and
2005 c 1 s 7; and
(2) RCW 70.105E.090 (Advisory board -- Public involvement -- Funding)
and 2005 c 1 s 9.
NEW SECTION. Sec. 100 The following acts or parts of acts are
each repealed:
(1) RCW 48.62.051 (Health and welfare advisory board -- Creation--Membership -- Duties) and 1991 sp.s. c 30 s 5; and
(2) RCW 48.62.041 (Property and liability advisory board--Creation -- Membership -- Duties) and 1991 sp.s. c 30 s 4.
Sec. 101 RCW 48.62.061 and 1991 sp.s. c 30 s 6 are each amended
to read as follows:
The state risk manager((, in consultation with the property and
liability advisory board,)) shall adopt rules governing the management
and operation of both individual and joint local government self-insurance programs covering property or liability risks. The state
risk manager shall also adopt rules governing the management and
operation of both individual and joint local government self-insured
health and welfare benefits programs ((in consultation with the health
and welfare benefits advisory board)). All rules shall be appropriate
for the type of program and class of risk covered. The state risk
manager's rules shall include:
(1) Standards for the management, operation, and solvency of self-insurance programs, including the necessity and frequency of actuarial
analyses and claims audits;
(2) Standards for claims management procedures; and
(3) Standards for contracts between self-insurance programs and
private businesses including standards for contracts between third-party administrators and programs.
Sec. 102 RCW 41.05.035 and 2007 c 259 s 10 are each amended to
read as follows:
(1) The administrator shall design and pilot a consumer-centric
health information infrastructure and the first health record banks
that will facilitate the secure exchange of health information when and
where needed and shall:
(a) Complete the plan of initial implementation, including but not
limited to determining the technical infrastructure for health record
banks and the account locator service, setting criteria and standards
for health record banks, and determining oversight of health record
banks;
(b) Implement the first health record banks in pilot sites as
funding allows;
(c) Involve health care consumers in meaningful ways in the design,
implementation, oversight, and dissemination of information on the
health record bank system; and
(d) Promote adoption of electronic medical records and health
information exchange through continuation of the Washington health
information collaborative, and by working with private payors and other
organizations in restructuring reimbursement to provide incentives for
providers to adopt electronic medical records in their practices.
(2) ((The administrator may establish an advisory board, a
stakeholder committee, and subcommittees to assist in carrying out the
duties under this section. The administrator may reappoint health
information infrastructure advisory board members to assure continuity
and shall appoint any additional representatives that may be required
for their expertise and experience.)) The administrator may work with public and private entities
to develop and encourage the use of personal health records which are
portable, interoperable, secure, and respectful of patients' privacy.
(a) The administrator shall appoint the chair of the advisory
board, chairs, and cochairs of the stakeholder committee, if formed;
(b) Meetings of the board, stakeholder committee, and any advisory
group are subject to chapter 42.30 RCW, the open public meetings act,
including RCW 42.30.110(1)(l), which authorizes an executive session
during a regular or special meeting to consider proprietary or
confidential nonpublished information; and
(c) The members of the board, stakeholder committee, and any
advisory group:
(i) Shall agree to the terms and conditions imposed by the
administrator regarding conflicts of interest as a condition of
appointment;
(ii) Are immune from civil liability for any official acts
performed in good faith as members of the board, stakeholder committee,
or any advisory group.
(3) Members of the board may be compensated for participation in
accordance with a personal services contract to be executed after
appointment and before commencement of activities related to the work
of the board. Members of the stakeholder committee shall not receive
compensation but shall be reimbursed under RCW 43.03.050 and 43.03.060.
(4)
(((5))) (3) The administrator may enter into contracts to issue,
distribute, and administer grants that are necessary or proper to carry
out this section.
NEW SECTION. Sec. 103 RCW 28B.76.100 (Advisory council) and
2007 c 458 s 103, 2004 c 275 s 2, & 1985 c 370 s 9 are each repealed.
Sec. 104 RCW 28B.76.280 and 2004 c 275 s 12 are each amended to
read as follows:
(1) In consultation with the institutions of higher education and
state education agencies, the board shall identify the data needed to
carry out its responsibilities for policy analysis, accountability,
program improvements, and public information. The primary goals of the
board's data collection and research are to describe how students and
other beneficiaries of higher education are being served; to support
higher education accountability; and to assist state policymakers and
institutions in making policy decisions.
(2) The board shall ((convene a research advisory group and shall
collaborate with the group to)) identify the most cost-effective manner
for the board to collect data or access existing data. The board shall
((work with the advisory group to)) develop research priorities,
policies, and common definitions to maximize the reliability and
consistency of data across institutions. ((The advisory group shall
include representatives of public and independent higher education
institutions and other state agencies, including the state board for
community and technical colleges, the office of the superintendent of
public instruction, the office of financial management, the employment
security department, the workforce training and education coordinating
board, and other agencies as appropriate.))
(3) Specific protocols shall be developed by the board ((and the
advisory group)) to protect the privacy of individual student records
while ensuring the availability of student data for legitimate research
purposes.
NEW SECTION. Sec. 105 RCW 18.280.040 (Home inspector advisory
licensing board) and 2008 c 119 s 4 are each repealed.
Sec. 106 RCW 18.280.010 and 2008 c 119 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Board" means the home inspector advisory licensing board.)) "Department" means the department of licensing.
(2)
(((3))) (2) "Director" means the director of the department of
licensing.
(((4))) (3) "Entity" or "entities" means educational groups or
organizations, national organizations or associations, or a national
test organization.
(((5))) (4) "Home inspection" means a professional examination of
the current condition of a house.
(((6))) (5) "Home inspector" means a person who carries out a
noninvasive examination of the condition of a home, often in connection
with the sale of that home, using special training and education to
carry out the inspection.
(((7))) (6) "Report" means a written report prepared and issued
after a home inspection.
(((8))) (7) "Wood destroying organism" means insects or fungi that
consume, excavate, develop in, or otherwise modify the integrity of
wood or wood products. "Wood destroying organism" includes but is not
limited to carpenter ants, moisture ants, subterranean termites,
dampwood termites, beetles in the family Anobiidae, and wood decay
fungi, known as wood rot.
Sec. 107 RCW 18.280.030 and 2008 c 119 s 3 are each amended to
read as follows:
A person licensed under this chapter is responsible for performing
a visual and noninvasive inspection of the following readily accessible
systems and components of a home and reporting on the general condition
of those systems and components at the time of the inspection in his or
her written report: The roof, foundation, exterior, heating system,
air-conditioning system, structure, plumbing and electrical systems,
and other aspects of the home as may be identified by the ((board))
director. The inspection must include looking for certain fire and
safety hazards as defined by the ((board)) director. The standards of
practice to be developed by the ((board)) director will be used as the
minimum standards for an inspection. The duties of the home inspector
with regard to wood destroying organisms are provided in RCW
18.280.190.
Sec. 108 RCW 18.280.050 and 2008 c 119 s 5 are each amended to
read as follows:
The director has the following authority in administering this
chapter:
(1) To adopt, amend, and rescind rules ((approved by the board)) as
deemed necessary to carry out this chapter;
(2) To administer licensing examinations ((approved by the board))
and to adopt or recognize examinations prepared by other entities ((as
approved by the board));
(3) To adopt standards of professional conduct, practice, and
ethics ((as approved by the board)); and
(4) To adopt fees as provided in RCW 43.24.086.
Sec. 109 RCW 18.280.060 and 2008 c 119 s 6 are each amended to
read as follows:
The ((board)) director has the following authority in administering
this chapter:
(1) ((To establish rules, including board organization and
assignment of terms, and meeting frequency and timing, for adoption by
the director;)) To establish the minimum qualifications for licensing
applicants as provided in this chapter;
(2)
(((3))) (2) To approve the method of administration of examinations
required by this chapter ((or by rule as established by the director));
(((4))) (3) To approve the content of or recognition of
examinations prepared by other entities ((for adoption by the
director));
(((5))) (4) To set the time and place of examinations ((with the
approval of the director)); and
(((6))) (5) To establish and review standards of professional
conduct, practice, and ethics ((for adoption by the director. These)),
which standards must address what constitutes certain fire and safety
hazards as used in RCW 18.280.030.
Sec. 110 RCW 18.280.070 and 2008 c 119 s 7 are each amended to
read as follows:
In order to become licensed as a home inspector, an applicant must
submit the following to the department:
(1) An application on a form developed by the department;
(2) Proof of a minimum of one hundred twenty hours of classroom
instruction approved by the ((board)) director;
(3) Proof of up to forty hours of field training supervised by a
licensed home inspector;
(4) Evidence of successful passage of the written exam as required
in RCW 18.280.080; and
(5) The fee in the amount set by the department.
Sec. 111 RCW 18.280.080 and 2008 c 119 s 8 are each amended to
read as follows:
Applicants for licensure must pass an exam that is psychometrically
valid, reliable, and legally defensible by the state. The exam is to
be developed, maintained, and administered by the department. The
((board shall recommend to the)) director shall determine whether to
use an exam that is prepared by a national entity. If an exam prepared
by a national entity is used, a section specific to Washington shall be
developed by the director and included as part of the entire exam.
Sec. 112 RCW 18.280.110 and 2008 c 119 s 11 are each amended to
read as follows:
(1) As a condition of renewing a license under this chapter, a
licensed home inspector shall present satisfactory evidence to the
((board)) director of having completed the continuing education
requirements provided for in this section.
(2) Each applicant for license renewal shall complete at least
twenty-four hours of instruction in courses approved by the ((board))
director every two years.
Sec. 113 RCW 18.280.120 and 2008 c 119 s 12 are each amended to
read as follows:
(1) A licensed home inspector shall provide a written report of the
home inspection to each person for whom the inspector performs a home
inspection within a time period set by the ((board)) director in rule.
The issues to be addressed in the report shall be set by the ((board))
director in rule.
(2) A licensed home inspector, or other licensed home inspectors or
employees who work for the same company or for any company in which the
home inspector has a financial interest, shall not, from the time of
the inspection until one year from the date of the report, perform any
work other than home inspection-related consultation on the home upon
which he or she has performed a home inspection.
Sec. 114 RCW 18.280.130 and 2008 c 119 s 13 are each amended to
read as follows:
(1) The director shall immediately suspend the license of a person
who has been certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a
child support order. If the person has continued to meet all other
requirements for a license under this chapter during the suspension,
reissuance of the license is automatic upon the ((board's)) director's
receipt of a release issued by the department of social and health
services stating that the licensee is in compliance with the child
support order. The procedure in RCW 74.20A.320 is the exclusive
administrative remedy for contesting the establishment of noncompliance
with a child support order, and suspension of a license under this
subsection, and satisfies the requirements of RCW 34.05.422.
(2) The director((, with the assistance of the board,)) shall
establish by rule under what circumstances a home inspector license may
be suspended or revoked. These circumstances shall be based upon
accepted industry standards ((and the board's cumulative experience)).
(3) Any person aggrieved by a decision of the director under this
section may appeal the decision as provided in chapter 34.05 RCW. The
adjudicative proceeding shall be conducted under chapter 34.05 RCW by
an administrative law judge appointed pursuant to RCW 34.12.030.
Sec. 115 RCW 43.330.090 and 2007 c 228 s 201 are each amended to
read as follows:
(1) The department shall work with private sector organizations,
industry and cluster associations, federal agencies, state agencies
that use a cluster-based approach to service delivery, local
governments, local associate development organizations, and higher
education and training institutions in the development of industry
cluster-based strategies to diversify the economy, facilitate
technology transfer and diffusion, and increase value-added production.
The industry clusters targeted by the department may include, but are
not limited to, aerospace, agriculture, food processing, forest
products, marine services, health and biomedical, software, digital and
interactive media, transportation and distribution, and
microelectronics. The department shall, on a continuing basis,
evaluate the potential return to the state from devoting additional
resources to an industry cluster-based approach to economic development
and identifying and assisting additional clusters. The department
shall use information gathered in each service delivery region in
formulating its industry cluster-based strategies and shall assist
local communities in identifying regional industry clusters and
developing industry cluster-based strategies.
(2)(a) The department shall promote, market, and encourage growth
in the production of films and videos, as well as television
commercials within the state; to this end the department is directed to
assist in the location of a film and video production studio within the
state.
(b) The department may, in carrying out its efforts to encourage
film and video production in the state, solicit and receive gifts,
grants, funds, fees, and endowments, in trust or otherwise, from
tribal, local, or other governmental entities, as well as private
sources, and may expend the same or any income therefrom for the
encouragement of film and video production. All revenue received for
such purposes shall be deposited into the film and video promotion
account created in RCW 43.330.092.
(3) In assisting in the development of regional and statewide
industry cluster-based strategies, the department's activities shall
include, but are not limited to:
(a) Facilitating regional focus group discussions and conducting
studies to identify industry clusters, appraise the current information
linkages within a cluster, and identify issues of common concern within
a cluster;
(b) Supporting industry and cluster associations, publications of
association and cluster directories, and related efforts to create or
expand the activities of industry and cluster associations;
(c) Administering a competitive grant program to fund activities
designed to further regional cluster growth. In administering the
program, the department shall work with ((an industry cluster advisory
committee with equal representation from)) the workforce training and
education coordinating board, the state board for community and
technical colleges, the employment security department, business, and
labor.
(i) The ((industry cluster advisory committee)) department shall
((recommend)) seek recommendations on criteria for evaluating
applications for grant funds and recommend applicants for receipt of
grant funds.
(ii) Applicants must include organizations from at least two
counties and participants from the local business community. Eligible
organizations include, but are not limited to, local governments,
economic development councils, chambers of commerce, federally
recognized Indian tribes, workforce development councils, and
educational institutions.
(iii) Applications must evidence financial participation of the
partner organizations.
(iv) Priority shall be given to applicants which will use the grant
funds to build linkages and joint projects, to develop common resources
and common training, and to develop common research and development
projects or facilities.
(v) The maximum amount of a grant is one hundred thousand dollars.
(vi) A maximum of one hundred thousand dollars total can go to
King, Pierce, Kitsap, and Snohomish counties combined.
(vii) No more than ten percent of funds received for the grant
program may be used by the department for administrative costs.
(4) As used in subsection (3) of this section, "industry cluster"
means a geographic concentration of interdependent competitive firms
that do business with each other. "Industry cluster" also includes
firms that sell inside and outside of the geographic region as well as
support firms that supply raw materials, components, and business
services.
NEW SECTION. Sec. 116 The following acts or parts of acts are
each repealed:
(1) RCW 10.98.200 (Findings -- Intent) and 2005 c 274 s 208 & 2003 c
104 s 1;
(2) RCW 10.98.210 (Washington integrated justice information
board -- Members) and 2003 c 104 s 3;
(3) RCW 10.98.220 (Washington integrated justice information
board -- Meetings) and 2003 c 104 s 4;
(4) RCW 10.98.230 (Washington integrated justice information
board -- Powers and duties) and 2003 c 104 s 5; and
(5) RCW 10.98.240 (Washington integrated justice information
board -- Report) and 2003 c 104 s 6.
NEW SECTION. Sec. 117 The following acts or parts of acts are
each repealed:
(1) RCW 43.105.800 (K-20 educational network board) and 1999 c 285
s 2; and
(2) RCW 43.105.810 (K-20 network technical steering committee) and
1999 c 285 s 6.
Sec. 118 RCW 43.105.020 and 2003 c 18 s 2 are each amended to
read as follows:
As used in this chapter, unless the context indicates otherwise,
the following definitions shall apply:
(1) "Department" means the department of information services;
(2) "Board" means the information services board;
(3) "Committee" means the state interoperability executive
committee;
(4) "Local governments" includes all municipal and quasi municipal
corporations and political subdivisions, and all agencies of such
corporations and subdivisions authorized to contract separately;
(5) "Director" means the director of the department;
(6) "Purchased services" means services provided by a vendor to
accomplish routine, continuing, and necessary functions. This term
includes, but is not limited to, services acquired for equipment
maintenance and repair, operation of a physical plant, security,
computer hardware and software installation and maintenance,
telecommunications installation and maintenance, data entry, keypunch
services, programming services, and computer time-sharing;
(7) "Backbone network" means the shared high-density portions of
the state's telecommunications transmission facilities. It includes
specially conditioned high-speed communications carrier lines,
multiplexors, switches associated with such communications lines, and
any equipment and software components necessary for management and
control of the backbone network;
(8) "Telecommunications" means the transmission of information by
wire, radio, optical cable, electromagnetic, or other means;
(9) "Information" includes, but is not limited to, data, text,
voice, and video;
(10) "Information processing" means the electronic capture,
collection, storage, manipulation, transmission, retrieval, and
presentation of information in the form of data, text, voice, or image
and includes telecommunications and office automation functions;
(11) "Information services" means data processing,
telecommunications, office automation, and computerized information
systems;
(12) "Equipment" means the machines, devices, and transmission
facilities used in information processing, such as computers, word
processors, terminals, telephones, wireless communications system
facilities, cables, and any physical facility necessary for the
operation of such equipment;
(13) "Information technology portfolio" or "portfolio" means a
strategic management process documenting relationships between agency
missions and information technology and telecommunications investments;
(14) "Oversight" means a process of comprehensive risk analysis and
management designed to ensure optimum use of information technology
resources and telecommunications;
(15) "Proprietary software" means that software offered for sale or
license;
(16) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting
and/or receiving visual and associated audio information. Video
telecommunications shall not include existing public television
broadcast stations as currently designated by the department of
community, trade, and economic development under chapter 43.330 RCW;
(17) (("K-20 educational network board" or "K-20 board" means the
K-20 educational network board created in RCW 43.105.800;)) "K-20 network" means the network established in RCW
43.105.820;
(18) "K-20 network technical steering committee" or "committee"
means the K-20 network technical steering committee created in RCW
43.105.810;
(19)
(((20))) (18) "Educational sectors" means those institutions of
higher education, school districts, and educational service districts
that use the network for distance education, data transmission, and
other uses permitted by the ((K-20)) board.
Sec. 119 RCW 43.105.041 and 2003 c 18 s 3 are each amended to
read as follows:
(1) The board shall have the following powers and duties related to
information services:
(a) To develop standards and procedures governing the acquisition
and disposition of equipment, proprietary software and purchased
services, licensing of the radio spectrum by or on behalf of state
agencies, and confidentiality of computerized data;
(b) To purchase, lease, rent, or otherwise acquire, dispose of, and
maintain equipment, proprietary software, and purchased services, or to
delegate to other agencies and institutions of state government, under
appropriate standards, the authority to purchase, lease, rent, or
otherwise acquire, dispose of, and maintain equipment, proprietary
software, and purchased services: PROVIDED, That, agencies and
institutions of state government are expressly prohibited from
acquiring or disposing of equipment, proprietary software, and
purchased services without such delegation of authority. The
acquisition and disposition of equipment, proprietary software, and
purchased services is exempt from RCW 43.19.1919 and, as provided in
RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200.
This subsection (1)(b) does not apply to the legislative branch;
(c) To develop statewide or interagency technical policies,
standards, and procedures;
(d) To review and approve standards and common specifications for
new or expanded telecommunications networks proposed by agencies,
public postsecondary education institutions, educational service
districts, or statewide or regional providers of K-12 information
technology services, and to assure the cost-effective development and
incremental implementation of a statewide video telecommunications
system to serve: Public schools; educational service districts;
vocational-technical institutes; community colleges; colleges and
universities; state and local government; and the general public
through public affairs programming;
(e) To provide direction concerning strategic planning goals and
objectives for the state. The board shall seek input from the
legislature and the judiciary;
(f) To develop and implement a process for the resolution of
appeals by:
(i) Vendors concerning the conduct of an acquisition process by an
agency or the department; or
(ii) A customer agency concerning the provision of services by the
department or by other state agency providers;
(g) To establish policies for the periodic review by the department
of agency performance which may include but are not limited to analysis
of:
(i) Planning, management, control, and use of information services;
(ii) Training and education; and
(iii) Project management;
(h) To set its meeting schedules and convene at scheduled times, or
meet at the request of a majority of its members, the chair, or the
director; and
(i) To review and approve that portion of the department's budget
requests that provides for support to the board.
(2) Statewide technical standards to promote and facilitate
electronic information sharing and access are an essential component of
acceptable and reliable public access service and complement content-related standards designed to meet those goals. The board shall:
(a) Establish technical standards to facilitate electronic access
to government information and interoperability of information systems,
including wireless communications systems. Local governments are
strongly encouraged to follow the standards established by the board;
and
(b) Require agencies to consider electronic public access needs
when planning new information systems or major upgrades of systems.
In developing these standards, the board is encouraged to include
the state library, state archives, and appropriate representatives of
state and local government.
(3)(a) The board((, in consultation with the K-20 board,)) has the
duty to govern, operate, and oversee the technical design,
implementation, and operation of the K-20 network including, but not
limited to, the following duties: Establishment and implementation of
K-20 network technical policy, including technical standards and
conditions of use; review and approval of network design; procurement
of shared network services and equipment; and resolving user/provider
disputes concerning technical matters. The board shall delegate
general operational and technical oversight to the ((K-20 network
technical steering committee)) department as appropriate.
(b) The board has the authority to adopt rules under chapter 34.05
RCW to implement the provisions regarding the technical operations and
conditions of use of the K-20 network.
Sec. 120 RCW 43.105.805 and 1999 c 285 s 3 are each amended to
read as follows:
The ((K-20)) board has the following powers and duties:
(1) In cooperation with the educational sectors and other
interested parties, to establish goals and measurable objectives for
the network;
(2) To ensure that the goals and measurable objectives of the
network are the basis for any decisions or recommendations regarding
the technical development and operation of the network;
(3) To adopt, modify, and implement policies to facilitate network
development, operation, and expansion. Such policies may include but
need not be limited to the following issues: Quality of educational
services; access to the network by recognized organizations and
accredited institutions that deliver educational programming, including
public libraries; prioritization of programming within limited
resources; prioritization of access to the system and the sharing of
technological advances; network security; identification and evaluation
of emerging technologies for delivery of educational programs; future
expansion or redirection of the system; network fee structures; and
costs for the development and operation of the network;
(4) To prepare and submit to the governor and the legislature a
coordinated budget for network development, operation, and expansion.
The budget shall include the recommendations of the ((K-20)) board on
(a) any state funding requested for network transport and equipment,
distance education facilities and hardware or software specific to the
use of the network, and proposed new network end sites, (b) annual
copayments to be charged to public educational sector institutions and
other public entities connected to the network, and (c) charges to
nongovernmental entities connected to the network;
(5) To adopt and monitor the implementation of a methodology to
evaluate the effectiveness of the network in achieving the educational
goals and measurable objectives;
(6) To authorize the release of funds from the K-20 technology
account under RCW 43.105.830 for network expenditures;
(7) To establish by rule acceptable use policies governing user
eligibility for participation in the K-20 network, acceptable uses of
network resources, and procedures for enforcement of such policies.
The ((K-20)) board shall set forth appropriate procedures for
enforcement of acceptable use policies, that may include suspension of
network connections and removal of shared equipment for violations of
network conditions or policies. ((However, the information services))
The board shall have sole responsibility for the implementation of
enforcement procedures relating to technical conditions of use.
Sec. 121 RCW 43.105.820 and 1999 c 285 s 11 are each amended to
read as follows:
The information services board shall prepare a technical plan for
the design and construction of the K-20 telecommunication system. The
board shall ensure that the technical plan adheres to the goals and
objectives established under RCW 43.105.041. The board shall provide
formal project approval and oversight during the development and
implementation of the K-20 telecommunications network. In approving
the plan, the board shall conduct a request for proposal process. The
technical plan shall be developed in phases as follows:
(1) Phase one shall provide a telecommunication backbone connecting
educational service districts, the main campuses of public
baccalaureate institutions, the branch campuses of public research
institutions, and the main campuses of community colleges and technical
colleges.
(2) Phase two shall provide for (a) connection to the network by
entities that include, but need not be limited to: School districts,
public higher education off-campus and extension centers, and branch
campuses of community colleges and technical colleges, as prioritized
by the K-20 telecommunications oversight and policy committee, or as
modified by the board; (b) distance education facilities and components
for entities listed in subsections (1) and (2) of this section; and (c)
connection for independent nonprofit institutions of higher education,
provided that:
(i) The ((K-20)) board and each independent nonprofit institution
of higher education to be connected agree in writing to terms and
conditions of connectivity. The terms and conditions shall ensure,
among other things, that the provision of K-20 services does not
violate Article VIII, section 5 of the state Constitution and that the
institution shall adhere to network policies; and
(ii) The ((K-20)) board determines that inclusion of the
independent nonprofit institutions of higher education will not
significantly affect the network's eligibility for federal universal
service fund discounts or subsidies.
(3) Subsequent phases may include, but need not be limited to,
connections to public libraries, state and local governments, community
resource centers, and the private sector.
NEW SECTION. Sec. 122 The following acts or parts of acts are
each repealed:
(1) RCW 18.225.060 (Washington state mental health counselors,
marriage and family therapists, and social workers advisory committee--Established -- Composition) and 2001 c 251 s 6; and
(2) RCW 18.225.070 (Department of health -- Advice/assistance of
advisory committee) and 2001 c 251 s 7.
Sec. 123 RCW 18.225.010 and 2008 c 135 s 11 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Advanced social work" means the application of social work
theory and methods including emotional and biopsychosocial assessment,
psychotherapy under the supervision of a licensed independent clinical
social worker, case management, consultation, advocacy, counseling, and
community organization.
(2) "Applicant" means a person who completes the required
application, pays the required fee, is at least eighteen years of age,
and meets any background check requirements and uniform disciplinary
act requirements.
(3) "Associate" means a prelicensure candidate who has a graduate
degree in a mental health field under RCW 18.225.090 and is gaining the
supervision and supervised experience necessary to become a licensed
independent clinical social worker, a licensed advanced social worker,
a licensed mental health counselor, or a licensed marriage and family
therapist.
(4) (("Committee" means the Washington state mental health
counselors, marriage and family therapists, and social workers advisory
committee.)) "Department" means the department of health.
(5)
(((6))) (5) "Disciplining authority" means the department.
(((7))) (6) "Independent clinical social work" means the diagnosis
and treatment of emotional and mental disorders based on knowledge of
human development, the causation and treatment of psychopathology,
psychotherapeutic treatment practices, and social work practice as
defined in advanced social work. Treatment modalities include but are
not limited to diagnosis and treatment of individuals, couples,
families, groups, or organizations.
(((8))) (7) "Marriage and family therapy" means the diagnosis and
treatment of mental and emotional disorders, whether cognitive,
affective, or behavioral, within the context of relationships,
including marriage and family systems. Marriage and family therapy
involves the professional application of psychotherapeutic and family
systems theories and techniques in the delivery of services to
individuals, couples, and families for the purpose of treating such
diagnosed nervous and mental disorders. The practice of marriage and
family therapy means the rendering of professional marriage and family
therapy services to individuals, couples, and families, singly or in
groups, whether such services are offered directly to the general
public or through organizations, either public or private, for a fee,
monetary or otherwise.
(((9))) (8) "Mental health counseling" means the application of
principles of human development, learning theory, psychotherapy, group
dynamics, and etiology of mental illness and dysfunctional behavior to
individuals, couples, families, groups, and organizations, for the
purpose of treatment of mental disorders and promoting optimal mental
health and functionality. Mental health counseling also includes, but
is not limited to, the assessment, diagnosis, and treatment of mental
and emotional disorders, as well as the application of a wellness model
of mental health.
(((10))) (9) "Secretary" means the secretary of health or the
secretary's designee.
Sec. 124 RCW 18.225.040 and 2001 c 251 s 4 are each amended to
read as follows:
In addition to any other authority provided by law, the secretary
has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter((. Any rules adopted shall be in consultation with the
committee));
(2) Establish all licensing, examination, and renewal fees in
accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this
chapter;
(4) Issue licenses to applicants who have met the education,
training, and examination requirements for licensure and to deny a
license to applicants who do not meet the requirements;
(5) Hire clerical, administrative, investigative, and other staff
as needed to implement this chapter, and hire individuals licensed
under this chapter to serve as examiners for any practical
examinations;
(6) Administer and supervise the grading and taking of examinations
for applicants for licensure;
(7) Determine which states have credentialing requirements
substantially equivalent to those of this state, and issue licenses to
individuals credentialed in those states without examinations;
(8) Implement and administer a program for consumer education ((in
consultation with the committee));
(9) Adopt rules implementing a continuing education program ((in
consultation with the committee));
(10) Maintain the official record of all applicants and licensees;
and
(11) Establish by rule the procedures for an appeal of an
examination failure.
NEW SECTION. Sec. 125 RCW 16.57.015 (Livestock identification
advisory board -- Rule review -- Fee setting) and 2003 c 326 s 3 & 1993 c
354 s 10 are each repealed.
Sec. 126 RCW 16.57.353 and 2004 c 233 s 1 are each amended to
read as follows:
(1) The director may adopt rules:
(a) To support the agriculture industry in meeting federal
requirements for the country-of-origin labeling of meat. Any
requirements established under this subsection for country of origin
labeling purposes shall be substantially consistent with and shall not
exceed the requirements established by the United States department of
agriculture; and
(b) ((In consultation with the livestock identification advisory
board under RCW 16.57.015,)) To implement federal requirements for
animal identification needed to trace the source of livestock for
disease control and response purposes.
(2) The director may cooperate with and enter into agreements with
other states and agencies of federal government to carry out such
systems and to promote consistency of regulation.
NEW SECTION. Sec. 127 RCW 71.09.320 (Transition facilities--Operational advisory boards) and 2001 2nd sp.s. c 12 s 220 are each
repealed.
NEW SECTION. Sec. 128 The following acts or parts of acts are
each repealed:
(1) RCW 18.50.140 (Midwifery advisory committee -- Generally) and
1994 sp.s. c 9 s 706, 1991 c 3 s 114, 1987 c 467 s 5, & 1981 c 53 s 3;
and
(2) RCW 18.50.150 (Midwifery advisory committee -- Advice and
recommendations) and 1998 c 245 s 6, 1991 c 3 s 115, & 1981 c 53 s 4.
Sec. 129 RCW 18.50.045 and 1991 c 3 s 107 are each amended to
read as follows:
The secretary shall ((promulgate)) adopt standards by rule under
chapter 34.05 RCW for accrediting midwifery educational programs. The
standards shall cover the provision of adequate clinical and didactic
instruction in all subjects and noncurriculum matters under this
section including, but not limited to, staffing and teacher
qualifications. ((In developing the standards, the secretary shall be
advised by and receive the recommendations of the midwifery advisory
committee.))
Sec. 130 RCW 18.50.060 and 1991 c 3 s 109 are each amended to
read as follows:
(1) The secretary is hereby authorized and empowered to execute the
provisions of this chapter and shall offer examinations in midwifery at
least twice a year at such times and places as the secretary may
select. The examinations shall be written and shall be in the English
language.
(2) The secretary((, with the assistance of the midwifery advisory
committee,)) shall develop or approve a licensure examination in the
subjects that the secretary determines are within the scope of and
commensurate with the work performed by a licensed midwife. The
examination shall be sufficient to test the scientific and practical
fitness of candidates to practice midwifery. All application papers
shall be deposited with the secretary and there retained for at least
one year, when they may be destroyed.
(3) If the examination is satisfactorily completed, the secretary
shall issue to such candidate a license entitling the candidate to
practice midwifery in the state of Washington.
Sec. 131 RCW 18.50.105 and 1991 c 3 s 111 are each amended to
read as follows:
The secretary((, with the advice of the midwifery advisory
committee,)) shall develop a form to be used by a midwife to inform the
patient of the qualifications of a licensed midwife.
NEW SECTION. Sec. 132 RCW 77.12.680 (Migratory waterfowl art
committee -- Membership -- Terms -- Vacancies -- Chairman -- Review of
expenditures -- Compensation) and 1987 c 506 s 54 & 1985 c 243 s 5 are
each repealed.
Sec. 133 RCW 77.12.670 and 2002 c 283 s 2 are each amended to
read as follows:
(1) ((The)) Beginning July 1, 2010, the department, after
soliciting recommendations from the public, shall select the design for
the migratory bird stamp ((to be produced by the department shall use
the design as provided by the migratory waterfowl art committee)).
(2) All revenue derived from the sale of migratory bird license
validations or stamps by the department to any person hunting waterfowl
or to any stamp collector shall be deposited in the state wildlife
((fund)) account and shall be used only for that portion of the cost of
printing and production of the stamps for migratory waterfowl hunters
as determined by subsection (4) of this section, and for those
migratory waterfowl projects specified by the director of the
department for the acquisition and development of migratory waterfowl
habitat in the state and for the enhancement, protection, and
propagation of migratory waterfowl in the state. Migratory bird
license validation and stamp funds may not be used on lands controlled
by private hunting clubs or on private lands that charge a fee for
public access. Migratory bird license validation and stamp funds may
be used for migratory waterfowl projects on private land where public
hunting is provided by written permission or on areas established by
the department as waterfowl hunting closures.
(3) All revenue derived from the sale of the license validation and
stamp by the department to persons hunting solely nonwaterfowl
migratory birds shall be deposited in the state wildlife ((fund))
account and shall be used only for that portion of the cost of printing
and production of the stamps for nonwaterfowl migratory bird hunters as
determined by subsection (4) of this section, and for those
nonwaterfowl migratory bird projects specified by the director for the
acquisition and development of nonwaterfowl migratory bird habitat in
the state and for the enhancement, protection, and propagation of
nonwaterfowl migratory birds in the state.
(4) With regard to the revenue from license validation and stamp
sales that is not the result of sales to stamp collectors, the
department shall determine the proportion of migratory waterfowl
hunters and solely nonwaterfowl migratory bird hunters by using the
yearly migratory bird hunter harvest information program survey results
or, in the event that these results are not available, other similar
survey results. A two-year average of the most recent survey results
shall be used to determine the proportion of the revenue attributed to
migratory waterfowl hunters and the proportion attributed to solely
nonwaterfowl migratory bird hunters for each fiscal year. For fiscal
year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the
stamp revenue shall be attributed to migratory waterfowl hunters and
four percent of the stamp revenue shall be attributed to solely
nonwaterfowl migratory game hunters.
(5) Acquisition shall include but not be limited to the acceptance
of gifts of real estate or any interest therein or the rental, lease,
or purchase of real estate or any interest therein. If the department
acquires any fee interest, leasehold, or rental interest in real
property under this section, it shall allow the general public
reasonable access to that property and shall, if appropriate, ensure
that the deed or other instrument creating the interest allows such
access to the general public. If the department obtains a covenant in
real property in its favor or an easement or any other interest in real
property under this section, it shall exercise its best efforts to
ensure that the deed or other instrument creating the interest grants
to the general public in the form of a covenant running with the land
reasonable access to the property. The private landowner from whom the
department obtains such a covenant or easement shall retain the right
of granting access to the lands by written permission, but may not
charge a fee for access.
(6) The department may produce migratory bird stamps in any given
year in excess of those necessary for sale in that year. The excess
stamps may be sold to the ((migratory waterfowl art committee for sale
to the)) public.
Sec. 134 RCW 77.12.690 and 1998 c 245 s 158 and 1998 c 191 s 33
are each reenacted and amended to read as follows:
The ((migratory waterfowl art committee)) director is responsible
for the selection of the annual migratory bird stamp design ((and shall
provide the design to the department. If the committee does not
perform this duty within the time frame necessary to achieve proper and
timely distribution of the stamps to license dealers, the director
shall initiate the art work selection for that year)). The
((committee)) department shall create collector art prints and related
artwork, utilizing the same design ((as provided to the department)).
The administration, sale, distribution, and other matters relating to
the prints and sales of stamps with prints and related artwork shall be
the responsibility of the ((migratory waterfowl art committee))
department.
The total amount brought in from the sale of prints and related
artwork shall be deposited in the state wildlife ((fund)) account. The
costs of producing and marketing of prints and related artwork((,
including administrative expenses mutually agreed upon by the committee
and the director,)) shall be paid out of the total amount brought in
from sales of those same items. Net funds derived from the sale of
prints and related artwork shall be used by the director to contract
with one or more appropriate individuals or nonprofit organizations for
the development of waterfowl propagation projects within Washington
which specifically provide waterfowl for the Pacific flyway. The
department shall not contract with any individual or organization that
obtains compensation for allowing waterfowl hunting except if the
individual or organization does not permit hunting for compensation on
the subject property.
((The migratory waterfowl art committee shall have an annual audit
of its finances conducted by the state auditor and shall furnish a copy
of the audit to the commission.))
Sec. 135 RCW 77.08.045 and 1998 c 191 s 31 are each amended to
read as follows:
As used in this title or rules adopted pursuant to this title:
(1) "Migratory waterfowl" means members of the family Anatidae,
including brants, ducks, geese, and swans;
(2) "Migratory bird" means migratory waterfowl and coots, snipe,
doves, and band-tailed pigeon;
(3) "Migratory bird stamp" means the stamp that is required by RCW
77.32.350 to be in the possession of all persons to hunt migratory
birds; and
(4) "Prints and artwork" means replicas of the original stamp
design that are sold to the general public. Prints and artwork are not
to be construed to be the migratory bird stamp that is required by RCW
77.32.350. Artwork may be any facsimile of the original stamp design,
including color renditions, metal duplications, or any other kind of
design((; and)).
(5) "Migratory waterfowl art committee" means the committee created
by RCW 77.12.680. The committee's primary function is to select the
annual migratory bird stamp design
NEW SECTION. Sec. 136 RCW 18.36A.070 (Naturopathic advisory
committee) and 1991 c 3 s 92 & 1987 c 447 s 7 are each repealed.
Sec. 137 RCW 18.36A.020 and 2005 c 158 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) "Department" means the department of health.
(2) "Secretary" means the secretary of health or the secretary's
designee.
(3) "Naturopath" means an individual licensed under this chapter.
(4) (("Committee" means the Washington state naturopathic practice
advisory committee.)) "Educational program" means an accredited program preparing
persons for the practice of naturopathic medicine.
(5)
(((6))) (5) "Nutrition and food science" means the prevention and
treatment of disease or other human conditions through the use of
foods, water, herbs, roots, bark, or natural food elements.
(((7))) (6) "Manual manipulation" or "mechanotherapy" means
manipulation of a part or the whole of the body by hand or by
mechanical means.
(((8))) (7) "Physical modalities" means use of physical, chemical,
electrical, and other noninvasive modalities, including but not limited
to heat, cold, air, light, water in any of its forms, sound, massage,
and therapeutic exercise.
(((9))) (8) "Homeopathy" means a system of medicine based on the
use of infinitesimal doses of medicines capable of producing symptoms
similar to those of the disease treated, as listed in the homeopathic
pharmacopeia of the United States.
(((10))) (9) "Naturopathic medicines" means vitamins; minerals;
botanical medicines; homeopathic medicines; hormones; and those legend
drugs and controlled substances consistent with naturopathic medical
practice in accordance with rules established by the secretary.
Controlled substances are limited to codeine and testosterone products
that are contained in Schedules III, IV, and V in chapter 69.50 RCW.
(((11))) (10) "Hygiene and immunization" means the use of such
preventative techniques as personal hygiene, asepsis, public health,
and immunizations, to the extent allowed by rule.
(((12))) (11) "Minor office procedures" means care and procedures
incident thereto of superficial lacerations, lesions, and abrasions,
and the removal of foreign bodies located in superficial structures,
not to include the eye; and the use of antiseptics and topical or local
anesthetics in connection therewith. "Minor office procedures" also
includes intramuscular, intravenous, subcutaneous, and intradermal
injections of substances consistent with the practice of naturopathic
medicine and in accordance with rules established by the secretary.
(((13))) (12) "Common diagnostic procedures" means the use of
venipuncture consistent with the practice of naturopathic medicine,
commonly used diagnostic modalities consistent with naturopathic
practice, health history taking, physical examination, radiography,
examination of body orifices excluding endoscopy, laboratory medicine,
and obtaining samples of human tissues, but excluding incision or
excision beyond that which is authorized as a minor office procedure.
(((14))) (13) "Suggestion" means techniques including but not
limited to counseling, biofeedback, and hypnosis.
(((15))) (14) "Radiography" means the ordering, but not the
interpretation, of radiographic diagnostic and other imaging studies
and the taking and interpretation of standard radiographs.
Sec. 138 RCW 18.36A.080 and 1991 c 3 s 93 are each amended to
read as follows:
The secretary((, members of the committee,)) or individuals acting
on ((their)) the secretary's behalf, are immune from suit in any civil
action based on any act performed in the course of their duties.
Sec. 139 2005 c 158 s 3 (uncodified) is amended to read as
follows:
The secretary (([of health])) of health, in consultation with the
((naturopathic advisory committee and the)) Washington state board of
pharmacy, shall develop education and training requirements for the use
of controlled substances authorized under this act. The requirements
must be met by the naturopath prior to being authorized to prescribe
controlled substances under this act.
Sec. 140 RCW 18.36A.110 and 1991 c 3 s 96 are each amended to
read as follows:
(1) The date and location of the examination shall be established
by the secretary. Applicants who have been found to meet the education
and experience requirements for licensure shall be scheduled for the
next examination following the filing of the application. The
secretary shall establish by rule the examination application deadline.
(2) The examination shall contain subjects appropriate to the
standards of competency and scope of practice.
(3) The secretary shall establish by rule the requirements for a
reexamination if the applicant has failed the examination.
(((4) The committee may recommend to the secretary an examination
prepared or administered, or both, by a private testing agency or
association of licensing boards.))
NEW SECTION. Sec. 141 RCW 46.09.280 (Nonhighway and off-road
vehicle activities advisory committee) and 2007 c 241 s 19, 2004 c 105
s 8, 2003 c 185 s 1, & 1986 c 206 s 13 are each repealed.
Sec. 142 RCW 46.09.020 and 2007 c 241 s 13 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means the nonhighway and off-road
vehicle activities advisory committee established in RCW 46.09.280.)) "Board" means the recreation and conservation funding board
established in RCW 79A.25.110.
(2)
(((3))) (2) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at
wholesale or retail in this state.
(((4))) (3) "Department" means the department of licensing.
(((5))) (4) "Highway," for the purpose of this chapter only, means
the entire width between the boundary lines of every roadway publicly
maintained by the state department of transportation or any county or
city with funding from the motor vehicle fund. A highway is generally
capable of travel by a conventional two-wheel drive passenger
automobile during most of the year and in use by such vehicles.
(((6))) (5) "Motorized vehicle" means a vehicle that derives motive
power from an internal combustion engine.
(((7))) (6) "Nonhighway road" means any road owned or managed by a
public agency or any private road for which the owner has granted an
easement for public use for which appropriations from the motor vehicle
fund were not used for (a) original construction or reconstruction in
the last twenty-five years; or (b) maintenance in the last four years.
(((8))) (7) "Nonhighway road recreation facilities" means
recreational facilities that are adjacent to, or accessed by, a
nonhighway road and intended primarily for nonhighway road recreational
users.
(((9))) (8) "Nonhighway road recreational user" means a person
whose purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonhighway road recreational purposes, including, but not
limited to, hunting, fishing, camping, sightseeing, wildlife viewing,
picnicking, driving for pleasure, kayaking/canoeing, and gathering
berries, firewood, mushrooms, and other natural products.
(((10))) (9) "Nonhighway vehicle" means any motorized vehicle
including an ORV when used for recreational purposes on nonhighway
roads, trails, or a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or in the
water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or
rebate under chapter 82.36 RCW while an exemption or rebate is claimed.
This exemption includes but is not limited to farm, construction, and
logging vehicles.
(((11))) (10) "Nonmotorized recreational facilities" means
recreational trails and facilities that are adjacent to, or accessed
by, a nonhighway road and intended primarily for nonmotorized
recreational users.
(((12))) (11) "Nonmotorized recreational user" means a person whose
purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonmotorized recreational purposes including, but not
limited to, walking, hiking, backpacking, climbing, cross-country
skiing, snowshoeing, mountain biking, horseback riding, and pack animal
activities.
(((13))) (12) "Off-road vehicle" or "ORV" means any nonstreet
licensed vehicle when used for recreational purposes on nonhighway
roads, trails, or a variety of other natural terrain. Such vehicles
include, but are not limited to, all-terrain vehicles, motorcycles,
four-wheel drive vehicles, and dune buggies.
(((14))) (13) "Operator" means each person who operates, or is in
physical control of, any nonhighway vehicle.
(((15))) (14) "Organized competitive event" means any competition,
advertised in advance through written notice to organized clubs or
published in local newspapers, sponsored by recognized clubs, and
conducted at a predetermined time and place.
(((16))) (15) "ORV recreation facilities" include, but are not
limited to, ORV trails, trailheads, campgrounds, ORV sports parks, and
ORV use areas, designated for ORV use by the managing authority that
are intended primarily for ORV recreational users.
(((17))) (16) "ORV recreational user" means a person whose purpose
for consuming fuel on nonhighway roads or off-road is primarily for ORV
recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or
dune buggy.
(((18))) (17) "ORV sports park" means a facility designed to
accommodate competitive ORV recreational uses including, but not
limited to, motocross racing, four-wheel drive competitions, and flat
track racing. Use of ORV sports parks can be competitive or
noncompetitive in nature.
(((19))) (18) "ORV trail" means a multiple-use corridor designated
by the managing authority and maintained for recreational use by
motorized vehicles.
(((20))) (19) "ORV use permit" means a permit issued for operation
of an off-road vehicle under this chapter.
(((21))) (20) "Owner" means the person other than the lienholder,
having an interest in or title to a nonhighway vehicle, and entitled to
the use or possession thereof.
(((22))) (21) "Person" means any individual, firm, partnership,
association, or corporation.
Sec. 143 RCW 43.30.820 and 1991 c 316 s 3 are each amended to
read as follows:
The Olympic natural resources center shall operate under the
authority of the board of regents of the University of Washington. It
shall be administered by a director appointed jointly by the deans of
the college of forest resources and the college of ocean and fishery
sciences. The director shall be a member of the faculty of one of
those colleges. The director shall appoint and maintain a scientific
or technical committee, and other committees as necessary, to advise
the director on the efficiency, effectiveness, and quality of the
center's activities.
((A policy advisory board consisting of eleven members shall be
appointed by the governor to advise the deans and the director on
policies for the center that are consistent with the purposes of the
center. Membership on the policy advisory board shall broadly
represent the various interests concerned with the purposes of the
center, including state and federal government, environmental
organizations, local community, timber industry, and Indian tribes.))
Service on boards and committees of the center shall be without
compensation but actual travel expenses incurred in connection with
service to the center may be reimbursed from appropriated funds in
accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 144 The following acts or parts of acts are
each repealed:
(1) RCW 18.210.040 (Advisory committee) and 1999 c 263 s 5; and
(2) RCW 18.210.070 (Advisory committee -- Duties) and 1999 c 263 s 8.
Sec. 145 RCW 18.210.010 and 1999 c 263 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means a group of individuals with broad
knowledge and experience in the design, construction, and regulation of
on-site wastewater treatment systems, appointed under this chapter to
offer recommendations to the board and the director on the
administration of the program established under this chapter.)) "Board" means the board of registration for professional
engineers and land surveyors as defined in chapter 18.43 RCW.
(2)
(((3))) (2) "Designer," "licensee," or "permit holder" means an
individual authorized under this chapter to perform design services for
on-site wastewater treatment systems.
(((4))) (3) "Director" means the director of the Washington state
department of licensing.
(((5))) (4) "Engineer" means a professional engineer licensed under
chapter 18.43 RCW.
(((6))) (5) "Practice of engineering" has the meaning set forth in
RCW 18.43.020(5).
(((7))) (6) "On-site wastewater treatment system" means an
integrated system of components that: Convey, store, treat, and/or
provide subsurface soil treatment and disposal of wastewater effluent
on the property where it originates or on adjacent or other property
and includes piping, treatment devices, other accessories, and soil
underlying the disposal component of the initial and reserve areas, for
on-site wastewater treatment under three thousand five hundred gallons
per day when not connected to a public sewer system.
(((8))) (7) "On-site wastewater design" means the development of
plans, details, specifications, instructions, or inspections by
application of specialized knowledge in analysis of soils, on-site
wastewater treatment systems, disposal methods, and technologies to
create an integrated system of collection, transport, distribution,
treatment, and disposal of on-site wastewater.
(((9))) (8) "Local health jurisdiction" or "jurisdictional health
department" means an administrative agency created under chapter 70.05,
70.08, or 70.46 RCW, that administers the regulation and codes
regarding on-site wastewater treatment systems.
(((10))) (9) "Practice permit" means an authorization to practice
granted to an individual who designs on-site wastewater treatment
systems and who has been authorized by a local health jurisdiction to
practice on or before July 1, 2000.
(((11))) (10) "License" means a license to design on-site
wastewater treatment systems under this chapter.
(((12))) (11) "Certificate of competency" means a certificate
issued to employees of local health jurisdictions indicating that the
certificate holder has passed the licensing examination required under
this chapter.
Sec. 146 RCW 18.210.050 and 1999 c 263 s 6 are each amended to
read as follows:
The director may:
(1) ((Appoint and reappoint members to the advisory committee,
including temporary additional members, and remove committee members
for just cause;)) Employ administrative, clerical, and investigative staff as
necessary to administer and enforce this chapter;
(2)
(((3))) (2) Establish fees for applications, examinations, and
renewals in accordance with chapter 43.24 RCW;
(((4))) (3) Issue practice permits and licenses to applicants who
meet the requirements of this chapter; and
(((5))) (4) Exercise rule-making authority to implement this
section.
Sec. 147 RCW 18.210.060 and 2002 c 86 s 258 are each amended to
read as follows:
(((1))) The board may:
(((a))) (1) Adopt rules to implement this chapter including, but
not limited to, evaluation of experience, examinations, and scope and
standards of practice;
(((b))) (2) Administer licensing examinations; and
(((c))) (3) Review and approve or deny initial and renewal license
applications.
(((2) The board shall consider recommendations of the advisory
committee made in accordance with this chapter.))
NEW SECTION. Sec. 148 RCW 70.118.100 (Alternative systems--Technical review committee) and 1997 c 447 s 3 are each repealed.
Sec. 149 RCW 70.118.110 and 1997 c 447 s 5 are each amended to
read as follows:
In order to assure that technical guidelines and standards keep
pace with advancing technologies, the department of health in
collaboration with ((the technical review committee,)) local health
departments((,)) and other interested parties, must review and update
as appropriate, the state guidelines and standards for alternative on-site sewage disposal every three years. The first review and update
must be completed by January 1, 1999.
NEW SECTION. Sec. 150 The following acts or parts of acts are
each repealed:
(1) RCW 43.43.858 (Organized crime advisory board -- Created--Membership -- Meetings -- Travel expenses) and 2000 c 38 s 1, 1987 c 65 s
1, 1980 c 146 s 14, 1975-'76 2nd ex.s. c 34 s 115, & 1973 1st ex.s. c
202 s 5;
(2) RCW 43.43.860 (Organized crime advisory board -- Terms of
members) and 1987 c 65 s 2, 1980 c 146 s 15, & 1973 1st ex.s. c 202 s
6;
(3) RCW 43.43.862 (Organized crime advisory board -- Powers and
duties) and 1973 1st ex.s. c 202 s 7;
(4) RCW 43.43.864 (Information to be furnished board -- Security--Confidentiality) and 1973 1st ex.s. c 202 s 8;
(5) RCW 10.29.030 (Appointment of statewide special inquiry judge--Procedure -- Term -- Confidentiality) and 2005 c 274 s 204 & 1980 c 146 s
3;
(6) RCW 10.29.040 (Scope of investigation and proceeding -- Request
for additional authority) and 1980 c 146 s 4;
(7) RCW 10.29.080 (Special prosecutor -- Selection -- Qualifications--Removal) and 1980 c 146 s 8; and
(8) RCW 10.29.090 (Operating budget -- Contents -- Audit) and 2005 c
274 s 205 & 1980 c 146 s 9.
Sec. 151 RCW 43.43.866 and 1980 c 146 s 16 are each amended to
read as follows:
There shall be a fund known as the organized crime prosecution
revolving fund which shall consist of such moneys as may be
appropriated by law. The state treasurer shall be custodian of the
revolving fund. Disbursements from the revolving fund shall be subject
to budget approval given by the ((organized crime advisory board
pursuant to RCW 10.29.090)) chief of the Washington state patrol, and
may be made either on authorization of the governor or the governor's
designee, or upon request of ((a majority of the members of the
organized crime advisory board)) the chief of the Washington state
patrol. In order to maintain an effective expenditure and revenue
control, the organized crime prosecution revolving fund shall be
subject in all respects to chapter 43.88 RCW but no appropriation shall
be required to permit expenditures and payment of obligations from the
fund.
Sec. 152 RCW 43.10.240 and 1985 c 251 s 1 are each amended to
read as follows:
The attorney general shall annually report to the ((organized crime
advisory board)) chief of the Washington state patrol a summary of the
attorney general's investigative and criminal prosecution activity
conducted pursuant to this chapter. Except to the extent the summary
describes information that is a matter of public record, the
information made available to the ((board)) chief of the Washington
state patrol shall be given all necessary security protection in
accordance with the terms and provisions of applicable laws and rules
and shall not be revealed or divulged publicly or privately ((by
members of the board)).
NEW SECTION. Sec. 153 RCW 18.200.060 (Advisory committee--Composition -- Terms -- Duties) and 1997 c 285 s 7 are each repealed.
Sec. 154 RCW 18.200.010 and 1997 c 285 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means the orthotics and prosthetics
advisory committee.)) "Department" means the department of health.
(2)
(((3))) (2) "Secretary" means the secretary of health or the
secretary's designee.
(((4))) (3) "Orthotics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing, as well as providing the initial training
necessary to accomplish the fitting of, an orthosis for the support,
correction, or alleviation of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity. The practice of orthotics
encompasses evaluation, treatment, and consultation. With basic
observational gait and postural analysis, orthotists assess and design
orthoses to maximize function and provide not only the support but the
alignment necessary to either prevent or correct deformity or to
improve the safety and efficiency of mobility or locomotion, or both.
Orthotic practice includes providing continuing patient care in order
to assess its effect on the patient's tissues and to assure proper fit
and function of the orthotic device by periodic evaluation.
(((5))) (4) "Orthotist" means a person licensed to practice
orthotics under this chapter.
(((6))) (5) "Orthosis" means a custom-fabricated, definitive brace
or support that is designed for long-term use. Except for the
treatment of scoliosis, orthosis does not include prefabricated or
direct-formed orthotic devices, as defined in this section, or any of
the following assistive technology devices: Commercially available
knee orthoses used following injury or surgery; spastic muscle tone-inhibiting orthoses; upper extremity adaptive equipment; finger
splints; hand splints; custom-made, leather wrist gauntlets; face masks
used following burns; wheelchair seating that is an integral part of
the wheelchair and not worn by the patient independent of the
wheelchair; fabric or elastic supports; corsets; arch supports, also
known as foot orthotics; low-temperature formed plastic splints;
trusses; elastic hose; canes; crutches; cervical collars; dental
appliances; and other similar devices as determined by the secretary,
such as those commonly carried in stock by a pharmacy, department
store, corset shop, or surgical supply facility. Prefabricated
orthoses, also known as custom-fitted, or off-the-shelf, are devices
that are manufactured as commercially available stock items for no
specific patient. Direct-formed orthoses are devices formed or shaped
during the molding process directly on the patient's body or body
segment. Custom-fabricated orthoses, also known as custom-made
orthoses, are devices designed and fabricated, in turn, from raw
materials for a specific patient and require the generation of an
image, form, or mold that replicates the patient's body or body segment
and, in turn, involves the rectification of dimensions, contours, and
volumes to achieve proper fit, comfort, and function for that specific
patient.
(((7))) (6) "Prosthetics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling, fitting,
aligning, adjusting, or servicing, as well as providing the initial
training necessary to accomplish the fitting of, a prosthesis through
the replacement of external parts of a human body lost due to
amputation or congenital deformities or absences. The practice of
prosthetics also includes the generation of an image, form, or mold
that replicates the patient's body or body segment and that requires
rectification of dimensions, contours, and volumes for use in the
design and fabrication of a socket to accept a residual anatomic limb
to, in turn, create an artificial appendage that is designed either to
support body weight or to improve or restore function or cosmesis, or
both. Involved in the practice of prosthetics is observational gait
analysis and clinical assessment of the requirements necessary to
refine and mechanically fix the relative position of various parts of
the prosthesis to maximize the function, stability, and safety of the
patient. The practice of prosthetics includes providing continuing
patient care in order to assess the prosthetic device's effect on the
patient's tissues and to assure proper fit and function of the
prosthetic device by periodic evaluation.
(((8))) (7) "Prosthetist" means a person who is licensed to
practice prosthetics under this chapter.
(((9))) (8) "Prosthesis" means a definitive artificial limb that is
alignable or articulated, or, in lower extremity applications, capable
of weight bearing. Prosthesis means an artificial medical device that
is not surgically implanted and that is used to replace a missing limb,
appendage, or other external human body part including an artificial
limb, hand, or foot. The term does not include artificial eyes, ears,
fingers or toes, dental appliances, ostomy products, devices such as
artificial breasts, eyelashes, wigs, or other devices as determined by
the secretary that do not have a significant impact on the
musculoskeletal functions of the body. In the lower extremity of the
body, the term prosthesis does not include prostheses required for
amputations distal to and including the transmetatarsal level. In the
upper extremity of the body, the term prosthesis does not include
prostheses that are provided to restore function for amputations distal
to and including the carpal level.
(((10))) (9) "Authorized health care practitioner" means licensed
physicians, physician's assistants, osteopathic physicians,
chiropractors, naturopaths, podiatric physicians and surgeons,
dentists, and advanced registered nurse practitioners.
Sec. 155 RCW 18.200.050 and 1997 c 285 s 6 are each amended to
read as follows:
In addition to other authority provided by law, the secretary has
the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter;
(2) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250 and 43.70.280.
All fees collected under this section must be credited to the health
professions account as required under RCW 43.70.320;
(3) Register applicants, issue licenses to applicants who have met
the education, training, and examination requirements for licensure,
and deny licenses to applicants who do not meet the minimum
qualifications, except that proceedings concerning the denial of
credentials based upon unprofessional conduct or impairment are
governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) Hire clerical, administrative, investigative, and other staff
as needed to implement this chapter and hire individuals licensed under
this chapter to serve as examiners for any practical examinations;
(5) Determine minimum education requirements and evaluate and
designate those educational programs from which graduation will be
accepted as proof of eligibility to take a qualifying examination for
applicants for licensure;
(6) Establish the standards and procedures for revocation of
approval of education programs;
(7) Utilize or contract with individuals or organizations having
expertise in the profession or in education to assist in the
evaluations;
(8) Prepare and administer, or approve the preparation and
administration of, examinations for applicants for licensure;
(9) Determine whether alternative methods of training are
equivalent to formal education, and establish forms, procedures, and
criteria for evaluation of an applicant's alternative training to
determine the applicant's eligibility to take any qualifying
examination;
(10) Determine which jurisdictions have licensing requirements
equivalent to those of this state and issue licenses without
examinations to individuals licensed in those jurisdictions;
(11) Define and approve any experience requirement for licensing;
(12) Implement and administer a program for consumer education;
(13) Adopt rules implementing continuing competency requirements
for renewal of the license and relicensing;
(14) Maintain the official department records of all applicants and
licensees;
(15) Establish by rule the procedures for an appeal of an
examination failure;
(16) Establish requirements and procedures for an inactive license;
and
(17) ((With the advice of the advisory committee, the secretary
may)) Recommend collaboration with health professions, boards, and
commissions to develop appropriate referral protocols.
Sec. 156 RCW 18.200.070 and 1997 c 285 s 8 are each amended to
read as follows:
(1) An applicant must file a written application on forms provided
by the department showing to the satisfaction of the secretary((, in
consultation with the advisory committee,)) that the applicant meets
the following requirements:
(a) The applicant possesses a baccalaureate degree with coursework
appropriate for the profession approved by the secretary, or possesses
equivalent training as determined by the secretary pursuant to
subsections (3) and (5) of this section;
(b) The applicant has the amount of formal training, including the
hours of classroom education and clinical practice, in areas of study
as the secretary deems necessary and appropriate;
(c) The applicant has completed a clinical internship or residency
in the professional area for which a license is sought in accordance
with the standards, guidelines, or procedures for clinical internships
or residencies inside or outside the state as established by the
secretary, or that are otherwise substantially equivalent to the
standards commonly accepted in the fields of orthotics and prosthetics
as determined by the secretary pursuant to subsections (3) and (5) of
this section. The secretary must set the internship as at least one
year.
(2) An applicant for licensure as either an orthotist or
prosthetist must pass all written and practical examinations that are
required and approved by the secretary ((in consultation with the
advisory committee)).
(3) The standards and requirements for licensure established by the
secretary must be substantially equal to the standards commonly
accepted in the fields of orthotics and prosthetics.
(4) An applicant failing to make the required grade in the first
examination may take up to three subsequent examinations as the
applicant desires upon prepaying a fee, determined by the secretary
under RCW 43.70.250, for each subsequent examination. Upon failing
four examinations, the secretary may invalidate the original
application and require remedial education before the person may take
future examinations.
(5) The secretary may waive some of the education, examination, or
experience requirements of this section if the secretary determines
that the applicant meets alternative standards, established by the
secretary through rule, that are substantially equivalent to the
requirements in subsections (1) and (2) of this section.
NEW SECTION. Sec. 157 RCW 72.09.800 (Comprehensive plan for
character-building residential services in prisons -- Establishment of
oversight committee) and 2008 c 104 s 2 are each repealed.
NEW SECTION. Sec. 158 RCW 13.60.120 (Task force on missing and
exploited children -- Advisory board) and 1999 c 168 s 3 are each
repealed.
Sec. 159 RCW 13.60.110 and 1999 c 168 s 2 are each amended to
read as follows:
(1) A task force on missing and exploited children is established
in the Washington state patrol. The task force shall be under the
direction of the chief of the state patrol.
(2) The task force is authorized to assist law enforcement
agencies, upon request, in cases involving missing or exploited
children by:
(a) Direct assistance and case management;
(b) Technical assistance;
(c) Personnel training;
(d) Referral for assistance from local, state, national, and
international agencies; and
(e) Coordination and information sharing among local, state,
interstate, and federal law enforcement and social service agencies.
(3) To maximize the efficiency and effectiveness of state resources
and to improve interagency cooperation, the task force shall, where
feasible, use existing facilities, systems, and staff made available by
the state patrol and other local, state, interstate, and federal law
enforcement and social service agencies. The chief of the state patrol
may employ such additional personnel as are necessary for the work of
the task force and may share personnel costs with other agencies.
(4) The chief of the state patrol shall seek public and private
grants and gifts to support the work of the task force.
(5) By December 1, 2001, and annually thereafter, the chief of the
state patrol shall submit a report to the appropriate committees of the
legislature. The report shall establish performance measurements and
objectives for the task force and assess the accomplishments of the
task force.
(6) For the purposes of RCW 13.60.100 ((through 13.60.120)) and
13.60.110, "exploited children" means children under the age of
eighteen who are employed, used, persuaded, induced, enticed, or
coerced to engage in, or assist another person to engage in, sexually
explicit conduct. "Exploited children" also means the rape,
molestation, or use for prostitution of children under the age of
eighteen.
NEW SECTION. Sec. 160 RCW 42.56.140 (Public records exemptions
accountability committee) and 2007 c 198 s 2 are each repealed.
NEW SECTION. Sec. 161 RCW 90.71.250 (Ecosystem coordination
board -- Membership -- Duties) and 2007 c 341 s 7 are each repealed.
Sec. 162 RCW 90.71.010 and 2007 c 341 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) "Action agenda" means the comprehensive schedule of projects,
programs, and other activities designed to achieve a healthy Puget
Sound ecosystem that is authorized and further described in RCW
90.71.300 and 90.71.310.
(2) "Action area" means the geographic areas delineated as provided
in RCW 90.71.260.
(3) "Benchmarks" means measurable interim milestones or
achievements established to demonstrate progress towards a goal,
objective, or outcome.
(4) (("Board" means the ecosystem coordination board.)) "Council" means the leadership council.
(5)
(((6))) (5) "Environmental indicator" means a physical, biological,
or chemical measurement, statistic, or value that provides a proximate
gauge, or evidence of, the state or condition of Puget Sound.
(((7))) (6) "Implementation strategies" means the strategies
incorporated on a biennial basis in the action agenda developed under
RCW 90.71.310.
(((8))) (7) "Nearshore" means the area beginning at the crest of
coastal bluffs and extending seaward through the marine photics zone,
and to the head of tide in coastal rivers and streams. "Nearshore"
also means both shoreline and estuaries.
(((9))) (8) "Panel" means the Puget Sound science panel.
(((10))) (9) "Partnership" means the Puget Sound partnership.
(((11))) (10) "Puget Sound" means Puget Sound and related inland
marine waters, including all salt waters of the state of Washington
inside the international boundary line between Washington and British
Columbia, and lying east of the junction of the Pacific Ocean and the
Strait of Juan de Fuca, and the rivers and streams draining to Puget
Sound as mapped by water resource inventory areas 1 through 19 in WAC
173-500-040 as it exists on July 1, 2007.
(((12))) (11) "Puget Sound partner" means an entity that has been
recognized by the partnership, as provided in RCW 90.71.340, as having
consistently achieved outstanding progress in implementing the 2020
action agenda.
(((13))) (12) "Watershed groups" means all groups sponsoring or
administering watershed programs, including but not limited to local
governments, private sector entities, watershed planning units,
watershed councils, shellfish protection areas, regional fishery
enhancement groups, marine ((resource[s])) resources committees
including those working with the Northwest straits commission,
nearshore groups, and watershed lead entities.
(((14))) (13) "Watershed programs" means and includes all
watershed-level plans, programs, projects, and activities that relate
to or may contribute to the protection or restoration of Puget Sound
waters. Such programs include jurisdiction-wide programs regardless of
whether more than one watershed is addressed.
Sec. 163 RCW 90.71.210 and 2007 c 341 s 3 are each amended to
read as follows:
An agency of state government, to be known as the Puget Sound
partnership, is created to oversee the restoration of the environmental
health of Puget Sound by 2020. The agency shall consist of a
leadership council, an executive director, ((an ecosystem coordination
board,)) and a Puget Sound science panel.
Sec. 164 RCW 90.71.230 and 2007 c 341 s 5 are each amended to
read as follows:
(1) The leadership council shall have the power and duty to:
(a) Provide leadership and have responsibility for the functions of
the partnership, including adopting, revising, and guiding the
implementation of the action agenda, allocating funds for Puget Sound
recovery, providing progress and other reports, setting strategic
priorities and benchmarks, adopting and applying accountability
measures, and making appointments to the ((board and)) panel;
(b) Adopt rules, in accordance with chapter 34.05 RCW;
(c) Create subcommittees and advisory committees as appropriate to
assist the council;
(d) Enter into, amend, and terminate contracts with individuals,
corporations, or research institutions to effectuate the purposes of
this chapter;
(e) Make grants to governmental and nongovernmental entities to
effectuate the purposes of this chapter;
(f) Receive such gifts, grants, and endowments, in trust or
otherwise, for the use and benefit of the partnership to effectuate the
purposes of this chapter;
(g) Promote extensive public awareness, education, and
participation in Puget Sound protection and recovery;
(h) Work collaboratively with the Hood Canal coordinating council
established in chapter 90.88 RCW on Hood Canal-specific issues;
(i) Maintain complete and consolidated financial information to
ensure that all funds received and expended to implement the action
agenda have been accounted for; and
(j) Exercise such other powers and duties as are necessary and
appropriate to carry out the provisions of this chapter.
(2) The council may delegate functions to the chair and to the
executive director, however the council may not delegate its decisional
authority regarding developing or amending the action agenda.
(3) The council shall work closely with existing organizations and
all levels of government to ensure that the action agenda and its
implementation are scientifically sound, efficient, and achieve
necessary results to accomplish recovery of Puget Sound to health by
2020.
(4) The council shall support, engage, and foster collaboration
among watershed groups to assist in the recovery of Puget Sound.
(5) When working with federally recognized Indian tribes to develop
and implement the action agenda, the council shall conform to the
procedures and standards required in a government-to-governmental
relationship with tribes under the 1989 Centennial Accord between the
state of Washington and the sovereign tribal governments in the state
of Washington.
(6) Members of the council shall be compensated in accordance with
RCW 43.03.220 and be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060.
Sec. 165 RCW 90.71.240 and 2007 c 341 s 6 are each amended to
read as follows:
(1) The partnership shall be administered by an executive director
who serves as a communication link between all levels of government,
the private sector, tribes, nongovernmental organizations, the council,
((the board,)) and the panel. The executive director shall be
accountable to the council and the governor for effective
communication, actions, and results.
(2) The executive director shall be appointed by and serve at the
pleasure of the governor, in consultation with the council. The
governor shall consider the recommendations of the council when
appointing the executive director.
(3) The executive director shall have complete charge of and
supervisory powers over the partnership, subject to the guidance from
the council.
(4) The executive director shall employ a staff, who shall be state
employees under Title 41 RCW.
(5) Upon approval of the council, the executive director may take
action to create a private nonprofit entity, which may take the form of
a nonprofit corporation, to assist the partnership in restoring Puget
Sound by:
(a) Raising money and other resources through charitable giving,
donations, and other appropriate mechanisms;
(b) Engaging and educating the public regarding Puget Sound's
health, including efforts and opportunities to restore Puget Sound
ecosystems; and
(c) Performing other similar activities as directed by the
partnership.
Sec. 166 RCW 90.71.270 and 2007 c 341 s 9 are each amended to
read as follows:
(1) The council shall appoint a nine-member Puget Sound science
panel to provide independent, nonrepresentational scientific advice to
the council and expertise in identifying environmental indicators and
benchmarks for incorporation into the action agenda.
(2) In establishing the panel, the council shall request the
Washington academy of sciences, created in chapter 70.220 RCW, to
nominate fifteen scientists with recognized expertise in fields of
science essential to the recovery of Puget Sound. Nominees should
reflect the full range of scientific and engineering disciplines
involved in Puget Sound recovery. At a minimum, the Washington academy
of sciences shall consider making nominations from scientists
associated with federal, state, and local agencies, tribes, the
business and environmental communities, and members of the K-12,
college, and university communities((, and members of the board)). The
solicitation should be to all sectors, and candidates may be from all
public and private sectors. Persons nominated by the Washington
academy of sciences must disclose any potential conflicts of interest,
and any financial relationship with any leadership councilmember, and
disclose sources of current financial support and contracts relating to
Puget Sound recovery.
(3) The panel shall select a chair and a vice-chair. Panel members
shall serve four-year terms, except that the council shall determine
initial terms of two, three, and four years to provide for staggered
terms. The council shall determine reappointments and select
replacements or additional members of the panel. No panel member may
serve longer than twelve years.
(4) The executive director shall designate a lead staff scientist
to coordinate panel actions, and administrative staff to support panel
activities. The legislature intends to provide ongoing funding for
staffing of the panel to ensure that it has sufficient capacity to
provide independent scientific advice.
(5) The executive director of the partnership and the science panel
shall explore a shared state and federal responsibility for the
staffing and administration of the panel. In the event that a
federally sponsored Puget Sound recovery office is created, the council
may propose that such office provide for staffing and administration of
the panel.
(6) The panel shall assist the council in developing and revising
the action agenda, making recommendations to the action agenda, and
making recommendations to the council for updates or revisions.
(7) Members of the panel shall be reimbursed for travel expenses
under RCW 43.03.050 and 43.03.060, and based upon the availability of
funds, the council may contract with members of the panel for
compensation for their services under chapter 39.29 RCW. If appointees
to the panel are employed by the federal, state, tribal, or local
governments, the council may enter into interagency personnel
agreements.
Sec. 167 RCW 90.71.310 and 2008 c 329 s 926 are each amended to
read as follows:
(1) The council shall develop a science-based action agenda that
leads to the recovery of Puget Sound by 2020 and achievement of the
goals and objectives established in RCW 90.71.300. The action agenda
shall:
(a) Address all geographic areas of Puget Sound including upland
areas and tributary rivers and streams that affect Puget Sound;
(b) Describe the problems affecting Puget Sound's health using
supporting scientific data, and provide a summary of the historical
environmental health conditions of Puget Sound so as to determine past
levels of pollution and restorative actions that have established the
current health conditions of Puget Sound;
(c) Meet the goals and objectives described in RCW 90.71.300,
including measurable outcomes for each goal and objective specifically
describing what will be achieved, how it will be quantified, and how
progress towards outcomes will be measured. The action agenda shall
include near-term and long-term benchmarks designed to ensure
continuous progress needed to reach the goals, objectives, and
designated outcomes by 2020. The council shall consult with the panel
in developing these elements of the plan;
(d) Identify and prioritize the strategies and actions necessary to
restore and protect Puget Sound and to achieve the goals and objectives
described in RCW 90.71.300;
(e) Identify the agency, entity, or person responsible for
completing the necessary strategies and actions, and potential sources
of funding;
(f) Include prioritized actions identified through the assembled
proposals from each of the seven action areas and the identification
and assessment of ecosystem scale programs as provided in RCW
90.71.260;
(g) Include specific actions to address aquatic rehabilitation zone
one, as defined in RCW 90.88.010;
(h) Incorporate any additional goals adopted by the council; and
(i) Incorporate appropriate actions to carry out the biennial
science work plan created in RCW 90.71.290.
(2) In developing the action agenda and any subsequent revisions,
the council shall, when appropriate, incorporate the following:
(a) Water quality, water quantity, sediment quality, watershed,
marine resource, and habitat restoration plans created by governmental
agencies, watershed groups, and marine and shoreline groups((. The
council shall consult with the board in incorporating these plans));
(b) Recovery plans for salmon, orca, and other species in Puget
Sound listed under the federal endangered species act;
(c) Existing plans and agreements signed by the governor, the
commissioner of public lands, other state officials, or by federal
agencies;
(d) Appropriate portions of the Puget Sound water quality
management plan existing on July 1, 2007.
(3) Until the action agenda is adopted, the existing Puget Sound
management plan and the 2007-09 Puget Sound biennial plan shall remain
in effect. The existing Puget Sound management plan shall also
continue to serve as the comprehensive conservation and management plan
for the purposes of the national estuary program described in section
320 of the federal clean water act, until replaced by the action agenda
and approved by the United States environmental protection agency as
the new comprehensive conservation and management plan.
(4) The council shall adopt the action agenda by December 1, 2008.
The council shall revise the action agenda as needed, and revise the
implementation strategies every two years using an adaptive management
process informed by tracking actions and monitoring results in Puget
Sound. In revising the action agenda and the implementation
strategies, the council shall consult the panel ((and the board)) and
provide opportunity for public review and comment. Biennial updates
shall:
(a) Contain a detailed description of prioritized actions necessary
in the biennium to achieve the goals, objectives, outcomes, and
benchmarks of progress identified in the action agenda;
(b) Identify the agency, entity, or person responsible for
completing the necessary action; and
(c) Establish biennial benchmarks for near-term actions.
(5) The action agenda shall be organized and maintained in a single
document to facilitate public accessibility to the plan.
NEW SECTION. Sec. 168 The following acts or parts of acts are
each repealed:
(1) RCW 18.140.230 (Real estate appraiser commission--Establishment -- Composition) and 2005 c 339 s 19 & 2000 c 249 s 3;
(2) RCW 18.140.240 (Commission/members -- Duties and
responsibilities) and 2000 c 249 s 4; and
(3) RCW 18.140.250 (Commission member's compensation) and 2000 c
249 s 5.
Sec. 169 RCW 18.140.010 and 2005 c 339 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Appraisal" means the act or process of estimating value; an
estimate of value; or of or pertaining to appraising and related
functions.
(2) "Appraisal report" means any communication, written or oral, of
an appraisal, review, or consulting service in accordance with the
standards of professional conduct or practice, adopted by the director,
that is transmitted to the client upon completion of an assignment.
(3) "Appraisal assignment" means an engagement for which an
appraiser is employed or retained to act, or would be perceived by
third parties or the public as acting, as a disinterested third party
in rendering an unbiased analysis, opinion, or conclusion relating to
the value of specified interests in, or aspects of, identified real
estate. The term "appraisal assignment" may apply to valuation work
and analysis work.
(4) "Brokers price opinion" means an oral or written report of
property value that is prepared by a real estate broker or salesperson
licensed under chapter 18.85 RCW.
(5) "Client" means any party for whom an appraiser performs a
service.
(6) (("Commission" means the real estate appraiser commission of
the state of Washington.)) "Comparative market analysis" means a brokers price opinion.
(7)
(((8))) (7) "Department" means the department of licensing.
(((9))) (8) "Director" means the director of the department of
licensing.
(((10))) (9) "Expert review appraiser" means a state-certified or
state-licensed real estate appraiser chosen by the director for the
purpose of providing appraisal review assistance to the director.
(((11))) (10) "Federal department" means an executive department of
the United States of America specifically concerned with housing
finance issues, such as the department of housing and urban
development, the department of veterans affairs, or their legal federal
successors.
(((12))) (11) "Federal financial institutions regulatory agency"
means the board of governors of the federal reserve system, the federal
deposit insurance corporation, the office of the comptroller of the
currency, the office of thrift supervision, the national credit union
administration, their successors and/or such other agencies as may be
named in future amendments to 12 U.S.C. Sec. 3350(6).
(((13))) (12) "Federal secondary mortgage marketing agency" means
the federal national mortgage association, the government national
mortgage association, the federal home loan mortgage corporation, their
successors and/or such other similarly functioning housing finance
agencies as may be federally chartered in the future.
(((14))) (13) "Federally related transaction" means any real
estate-related financial transaction that the federal financial
institutions regulatory agency or the resolution trust corporation
engages in, contracts for, or regulates; and that requires the services
of an appraiser.
(((15))) (14) "Financial institution" means any person doing
business under the laws of this state or the United States relating to
banks, bank holding companies, savings banks, trust companies, savings
and loan associations, credit unions, consumer loan companies, and the
affiliates, subsidiaries, and service corporations thereof.
(((16))) (15) "Mortgage broker" for the purpose of this chapter
means a mortgage broker licensed under chapter 19.146 RCW, any mortgage
broker approved and subject to audit by the federal national mortgage
association, the government national mortgage association, or the
federal home loan mortgage corporation as provided in RCW 19.146.020,
any mortgage broker approved by the United States secretary of housing
and urban development for participation in any mortgage insurance under
the national housing act, 12 U.S.C. Sec. 1201, and the affiliates,
subsidiaries, and service corporations thereof.
(((17))) (16) "Real estate" means an identified parcel or tract of
land, including improvements, if any.
(((18))) (17) "Real estate-related financial transaction" means any
transaction involving:
(a) The sale, lease, purchase, investment in, or exchange of real
property, including interests in property, or the financing thereof;
(b) The refinancing of real property or interests in real property;
and
(c) The use of real property or interests in property as security
for a loan or investment, including mortgage-backed securities.
(((19))) (18) "Real property" means one or more defined interests,
benefits, or rights inherent in the ownership of real estate.
(((20))) (19) "Review" means the act or process of critically
studying an appraisal report prepared by another.
(((21))) (20) "Specialized appraisal services" means all appraisal
services that do not fall within the definition of appraisal
assignment. The term "specialized appraisal service" may apply to
valuation work and to analysis work. Regardless of the intention of
the client or employer, if the appraiser would be perceived by third
parties or the public as acting as a disinterested third party in
rendering an unbiased analysis, opinion, or conclusion, the work is
classified as an appraisal assignment and not a specialized appraisal
service.
(((22))) (21) "State-certified general real estate appraiser" means
a person certified by the director to develop and communicate real
estate appraisals of all types of property. A state-certified general
real estate appraiser may designate or identify an appraisal rendered
by him or her as a "certified appraisal."
(((23))) (22) "State-certified residential real estate appraiser"
means a person certified by the director to develop and communicate
real estate appraisals of all types of residential property of one to
four units without regard to transaction value or complexity and
nonresidential property having a transaction value as specified in
rules adopted by the director. A state certified residential real
estate appraiser may designate or identify an appraisal rendered by him
or her as a "certified appraisal."
(((24))) (23) "State-licensed real estate appraiser" means a person
licensed by the director to develop and communicate real estate
appraisals of noncomplex one to four residential units and complex one
to four residential units and nonresidential property having
transaction values as specified in rules adopted by the director.
(((25))) (24) "State-registered appraiser trainee," "trainee," or
"trainee real estate appraiser" means a person registered by the
director under RCW 18.140.280 to develop and communicate real estate
appraisals under the immediate and personal direction of a state-certified real estate appraiser. Appraisals are limited to those types
of properties that the supervisory appraiser is permitted by their
current credential, and that the supervisory appraiser is competent and
qualified to appraise. By signing the appraisal report, or being
identified in the certification or addenda as having lent significant
professional assistance, the state-registered appraiser trainee accepts
total and complete individual responsibility for all content, analyses,
and conclusions in the report.
(((26))) (25) "Supervisory appraiser" means a person holding a
currently valid certificate issued by the director as a state-certified
real estate appraiser providing direct supervision to another state-certified, state-licensed, or state-registered appraiser trainee. The
supervisory appraiser must be in good standing in each jurisdiction
that he or she is credentialed. The supervisory appraiser must sign
all appraisal reports. By signing the appraisal report, the
supervisory appraiser accepts full responsibility for all content,
analyses, and conclusions in the report.
Sec. 170 RCW 18.140.030 and 2005 c 339 s 4 are each amended to
read as follows:
The director shall have the following powers and duties:
(1) To adopt rules in accordance with chapter 34.05 RCW necessary
to implement this chapter and chapter 18.235 RCW((, with the advice and
approval of the commission));
(2) To receive and approve or deny applications for certification
or licensure as a state-certified or state-licensed real estate
appraiser and for registration as a state-registered appraiser trainee
under this chapter; to establish appropriate administrative procedures
for the processing of such applications; to issue certificates,
licenses, or registrations to qualified applicants pursuant to the
provisions of this chapter; and to maintain a roster of the names and
addresses of individuals who are currently certified, licensed, or
registered under this chapter;
(3) ((To provide administrative assistance to the members of and to
keep records for the real estate appraiser commission;)) To solicit bids and enter into contracts with educational
testing services or organizations for the preparation of questions and
answers for certification or licensure examinations;
(4)
(((5))) (4) To administer or contract for administration of
certification or licensure examinations at locations and times as may
be required to carry out the responsibilities under this chapter;
(((6))) (5) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this chapter;
(((7) To consider recommendations by the real estate appraiser
commission relating to the experience, education, and examination
requirements for each classification of state-certified appraiser and
for licensure;)) (6) To employ such professional, clerical, and technical
assistance as may be necessary to properly administer the work of the
director;
(8) To consider recommendations by the real estate appraiser
commission relating to the educational requirements for the state-registered appraiser trainee classification;
(9) To consider recommendations by the real estate appraiser
commission relating to the maximum number of state-registered appraiser
trainees that each supervisory appraiser will be permitted to
supervise;
(10) To consider recommendations by the real estate appraiser
commission relating to continuing education requirements as a
prerequisite to renewal of certification or licensure;
(11) To consider recommendations by the real estate appraiser
commission relating to standards of professional appraisal conduct or
practice in the enforcement of this chapter;
(12)
(((13))) (7) To establish forms necessary to administer this
chapter;
(((14))) (8) To establish an expert review appraiser roster
comprised of state-certified or licensed real estate appraisers whose
purpose is to assist the director by applying their individual
expertise by reviewing real estate appraisals for compliance with this
chapter. Qualifications to act as an expert review appraiser shall be
established by the director ((with the advice of the commission)). An
application to serve as an expert review appraiser shall be submitted
to the real estate appraiser program, and the roster of accepted expert
review appraisers shall be maintained by the department. An expert
review appraiser may be added to or deleted from that roster by the
director. The expert review appraiser shall be reimbursed for expenses
((in the same manner as)) by the department ((reimburses the
commission)); and
(((15))) (9) To do all other things necessary to carry out the
provisions of this chapter and minimally meet the requirements of
federal guidelines regarding state certification or licensure of
appraisers and registration of state-registered appraiser trainees that
the director determines are appropriate for state-certified and state-licensed appraisers and state-registered appraiser trainees in this
state.
Sec. 171 RCW 18.140.160 and 2007 c 256 s 1 are each amended to
read as follows:
In addition to the unprofessional conduct described in RCW
18.235.130, the director may take disciplinary action for the following
conduct, acts, or conditions:
(1) Failing to meet the minimum qualifications for state
certification, licensure, or registration established by or pursuant to
this chapter;
(2) Paying money other than the fees provided for by this chapter
to any employee of the director ((or the commission)) to procure state
certification, licensure, or registration under this chapter;
(3) Continuing to act as a state-certified real estate appraiser,
state-licensed real estate appraiser, or state-registered appraiser
trainee when his or her certificate, license, or registration is on an
expired status;
(4) Violating any provision of this chapter or any lawful rule made
by the director pursuant thereto;
(5) Issuing an appraisal report on any real property in which the
appraiser has an interest unless his or her interest is clearly stated
in the appraisal report;
(6) Being affiliated as an employer, independent contractor, or
supervisory appraiser of a state-certified real estate appraiser,
state-licensed real estate appraiser, or state-registered appraiser
trainee whose certification, license, or registration is currently in
a suspended or revoked status;
(7) Failure or refusal without good cause to exercise reasonable
diligence in performing an appraisal practice under this chapter,
including preparing an oral or written report to communicate
information concerning an appraisal practice; and
(8) Negligence or incompetence in performing an appraisal practice
under this chapter, including preparing an oral or written report to
communicate information concerning an appraisal practice.
Sec. 172 RCW 18.140.170 and 2005 c 339 s 15 are each amended to
read as follows:
The director may investigate the actions of a state-certified or
state-licensed real estate appraiser or a state-registered appraiser
trainee or an applicant for certification, licensure, or registration
or recertification, relicensure, or reregistration. Upon receipt of
information indicating that a state-certified or state-licensed real
estate appraiser or state-registered appraiser trainee under this
chapter may have violated this chapter, the director may cause one or
more of the staff investigators to make an investigation of the facts
to determine whether or not there is admissible evidence of any such
violation. ((If technical assistance is required, a staff investigator
may consult with one or more of the members of the commission.))
NEW SECTION. Sec. 173 The following acts or parts of acts are
each repealed:
(1) RCW 77.95.110 (Regional fisheries enhancement group advisory
board) and 2000 c 107 s 108; and
(2) RCW 77.95.120 (Regional fisheries enhancement group advisory
board -- Duties and authority) and 2000 c 107 s 109, 1998 c 96 s 1, &
1995 c 367 s 6.
Sec. 174 RCW 77.95.100 and 2000 c 107 s 107 are each amended to
read as follows:
The department may provide start-up funds to regional fisheries
enhancement groups for costs associated with any enhancement project.
The ((regional fisheries enhancement group advisory board and the))
commission shall develop guidelines for providing funds to the regional
fisheries enhancement groups.
Sec. 175 RCW 77.95.180 and 1995 c 367 s 3 are each amended to
read as follows:
To maximize available state resources, the department and the
department of transportation shall work in partnership ((with the
regional fisheries enhancement group advisory board)) to identify
cooperative projects to eliminate fish passage barriers caused by state
roads and highways. ((The advisory board may provide input to the
department to aid in identifying priority barrier removal projects that
can be accomplished with the assistance of regional fisheries
enhancement groups.)) The department of transportation shall provide
engineering and other technical services to assist regional fisheries
enhancement groups with fish passage barrier removal projects, provided
that the barrier removal projects have been identified as a priority by
the department of fish and wildlife and the department of
transportation has received an appropriation to continue the fish
barrier removal program.
Sec. 176 RCW 77.95.190 and 1995 c 367 s 10 are each amended to
read as follows:
The department shall ((coordinate with the regional fisheries
enhancement group advisory board to)) field test coho and chinook
salmon remote site incubators. The purpose of field testing efforts
shall be to gather conclusive scientific data on the effectiveness of
coho and chinook remote site incubators.
Sec. 177 RCW 82.58.020 and 2002 c 267 s 4 are each amended to
read as follows:
(((1))) For the purposes of reviewing or amending the agreement
embodying the simplification requirements in RCW 82.58.050, the state
shall enter into multistate discussions. For purposes of these
discussions, the state shall be represented by the department. The
governor may appoint up to four persons to consult with the department
at these discussions. The persons advising the department shall not be
compensated and are not entitled to payment of travel expenses by the
state.
(((2) The department shall regularly consult with an advisory group
composed of one member from each of the two largest caucuses of the
senate, appointed by the majority and minority leaders of the senate;
one member from each of the two largest caucuses of the house of
representatives, appointed by the speaker and minority leader of the
house of representatives; representatives of retailers, including those
selling via mail, telephone, and the internet; representatives of large
and small businesses; and representatives of counties and cities. The
department shall use its best efforts to consult with the advisory
group before any multistate discussions in which it is anticipated that
amendments may be proposed to the agreement embodying the
simplification requirements in RCW 82.58.050.))
NEW SECTION. Sec. 178 The following acts or parts of acts are
each repealed:
(1) RCW 70.95.040 (Solid waste advisory committee -- Members--Meetings -- Travel expenses -- "Governor's award of excellence.") and 1991
c 319 s 401, 1987 c 115 s 1, 1982 c 108 s 1, & 1977 c 10 s 1;
(2) RCW 70.95.050 (Solid waste advisory committee -- Staff services
and facilities) and 1969 ex.s. c 134 s 5;
(3) RCW 70.95.070 (Review of standards prior to adoption--Revisions, additions and modifications -- Factors) and 1975-'76 2nd ex.s.
c 41 s 4 & 1969 ex.s. c 134 s 7; and
(4) RCW 70.105.060 (Review of rules, regulations, criteria and fee
schedules) and 1975-'76 2nd ex.s. c 101 s 6.
Sec. 179 RCW 70.95.030 and 2004 c 101 s 1 are each amended to
read as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "City" means every incorporated city and town.
(2) "Commission" means the utilities and transportation commission.
(3) (("Committee" means the state solid waste advisory committee.)) "Composted material" means organic solid waste that has been
subjected to controlled aerobic degradation at a solid waste facility
in compliance with the requirements of this chapter. Natural decay of
organic solid waste under uncontrolled conditions does not result in
composted material.
(4)
(((5))) (4) "Department" means the department of ecology.
(((6))) (5) "Director" means the director of the department of
ecology.
(((7))) (6) "Disposal site" means the location where any final
treatment, utilization, processing, or deposit of solid waste occurs.
(((8))) (7) "Energy recovery" means a process operating under
federal and state environmental laws and regulations for converting
solid waste into usable energy and for reducing the volume of solid
waste.
(((9))) (8) "Functional standards" means criteria for solid waste
handling expressed in terms of expected performance or solid waste
handling functions.
(((10))) (9) "Incineration" means a process of reducing the volume
of solid waste operating under federal and state environmental laws and
regulations by use of an enclosed device using controlled flame
combustion.
(((11))) (10) "Inert waste landfill" means a landfill that receives
only inert waste, as determined under RCW 70.95.065, and includes
facilities that use inert wastes as a component of fill.
(((12))) (11) "Jurisdictional health department" means city,
county, city-county, or district public health department.
(((13))) (12) "Landfill" means a disposal facility or part of a
facility at which solid waste is placed in or on land and which is not
a land treatment facility.
(((14))) (13) "Local government" means a city, town, or county.
(((15))) (14) "Modify" means to substantially change the design or
operational plans including, but not limited to, removal of a design
element previously set forth in a permit application or the addition of
a disposal or processing activity that is not approved in the permit.
(((16))) (15) "Multiple family residence" means any structure
housing two or more dwelling units.
(((17))) (16) "Person" means individual, firm, association,
copartnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity
whatsoever.
(((18))) (17) "Recyclable materials" means those solid wastes that
are separated for recycling or reuse, such as papers, metals, and
glass, that are identified as recyclable material pursuant to a local
comprehensive solid waste plan. Prior to the adoption of the local
comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2),
local governments may identify recyclable materials by ordinance from
July 23, 1989.
(((19))) (18) "Recycling" means transforming or remanufacturing
waste materials into usable or marketable materials for use other than
landfill disposal or incineration.
(((20))) (19) "Residence" means the regular dwelling place of an
individual or individuals.
(((21))) (20) "Sewage sludge" means a semisolid substance
consisting of settled sewage solids combined with varying amounts of
water and dissolved materials, generated from a wastewater treatment
system, that does not meet the requirements of chapter 70.95J RCW.
(((22))) (21) "Soil amendment" means any substance that is intended
to improve the physical characteristics of the soil, except composted
material, commercial fertilizers, agricultural liming agents,
unmanipulated animal manures, unmanipulated vegetable manures, food
wastes, food processing wastes, and materials exempted by rule of the
department, such as biosolids as defined in chapter 70.95J RCW and
wastewater as regulated in chapter 90.48 RCW.
(((23))) (22) "Solid waste" or "wastes" means all putrescible and
nonputrescible solid and semisolid wastes including, but not limited
to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge,
demolition and construction wastes, abandoned vehicles or parts
thereof, and recyclable materials.
(((24))) (23) "Solid waste handling" means the management, storage,
collection, transportation, treatment, utilization, processing, and
final disposal of solid wastes, including the recovery and recycling of
materials from solid wastes, the recovery of energy resources from
solid wastes or the conversion of the energy in solid wastes to more
useful forms or combinations thereof.
(((25))) (24) "Source separation" means the separation of different
kinds of solid waste at the place where the waste originates.
(((26))) (25) "Vehicle" includes every device physically capable of
being moved upon a public or private highway, road, street, or
watercourse and in, upon, or by which any person or property is or may
be transported or drawn upon a public or private highway, road, street,
or watercourse, except devices moved by human or animal power or used
exclusively upon stationary rails or tracks.
(((27))) (26) "Waste-derived soil amendment" means any soil
amendment as defined in this chapter that is derived from solid waste
as defined in ((RCW 70.95.030)) this section, but does not include
biosolids or biosolids products regulated under chapter 70.95J RCW or
wastewaters regulated under chapter 90.48 RCW.
(((28))) (27) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials.
(((29))) (28) "Yard debris" means plant material commonly created
in the course of maintaining yards and gardens, and through
horticulture, gardening, landscaping, or similar activities. Yard
debris includes but is not limited to grass clippings, leaves,
branches, brush, weeds, flowers, roots, windfall fruit, vegetable
garden debris, holiday trees, and tree prunings four inches or less in
diameter.
Sec. 180 RCW 43.21A.520 and 1989 c 431 s 47 are each amended to
read as follows:
(1) The department of ecology shall develop and implement an
environmental excellence awards program that recognizes products that
are produced, labeled, or packaged in a manner that helps ensure
environmental protection. The award shall be in recognition of
products that are made from recycled materials, easy to recycle,
substitute for more hazardous products, or otherwise help protect the
environment. Application for the award shall be voluntary. The awards
may be made in a variety of product categories including, but not
limited to:
(a) Paint products;
(b) Cleaning products;
(c) Pest control products;
(d) Automotive, marine, and related maintenance products;
(e) Hobby and recreation products; and
(f) Any other product available for retail or wholesale sale.
(2) ((The state solid waste advisory committee shall establish an
environmental excellence product award subcommittee to develop and
recommend criteria for awarding environmental excellence awards for
products. The subcommittee shall also review award applications and
make recommendations to the department. The subcommittee shall consist
of equal representation of: (a) Product manufacturing or other
business representatives; (b) environmental representatives; (c) labor
or consumer representatives; and (d) independent technical experts.
Members of the subcommittee need not necessarily be regular members of
the state solid waste advisory committee.)) Products receiving an environmental excellence award pursuant
to this section shall be entitled to display a logo or other symbol
developed by the department to signify the award. Awards shall be
given each year to as many products as qualify. The award logo may be
displayed for a period to be determined by the department.
(3)
Sec. 181 RCW 70.105.010 and 1989 c 376 s 1 are each amended to
read as follows:
The words and phrases defined in this section shall have the
meanings indicated when used in this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology or
the director's designee.
(3) "Disposal site" means a geographical site in or upon which
hazardous wastes are disposed of in accordance with the provisions of
this chapter.
(4) "Dispose or disposal" means the discarding or abandoning of
hazardous wastes or the treatment, decontamination, or recycling of
such wastes once they have been discarded or abandoned.
(5) "Dangerous wastes" means any discarded, useless, unwanted, or
abandoned substances, including but not limited to certain pesticides,
or any residues or containers of such substances which are disposed of
in such quantity or concentration as to pose a substantial present or
potential hazard to human health, wildlife, or the environment because
such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that may cause death,
injury, or illness or have mutagenic, teratogenic, or carcinogenic
properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure
through decomposition or other means.
(6) "Extremely hazardous waste" means any dangerous waste which
(a) will persist in a hazardous form for several years or more at
a disposal site and which in its persistent form
(i) presents a significant environmental hazard and may be
concentrated by living organisms through a food chain or may affect the
genetic make-up of man or wildlife, and
(ii) is highly toxic to man or wildlife
(b) if disposed of at a disposal site in such quantities as would
present an extreme hazard to man or the environment.
(7) "Person" means any person, firm, association, county, public or
municipal or private corporation, agency, or other entity whatsoever.
(8) "Pesticide" shall have the meaning of the term as defined in
RCW 15.58.030 as now or hereafter amended.
(9) (("Solid waste advisory committee" means the same advisory
committee as per RCW 70.95.040 through 70.95.070.)) "Designated zone facility" means any facility that requires
an interim or final status permit under rules adopted under this
chapter and that is not a preempted facility as defined in this
section.
(10)
(((11))) (10) "Facility" means all contiguous land and structures,
other appurtenances, and improvements on the land used for recycling,
storing, treating, incinerating, or disposing of hazardous waste.
(((12))) (11) "Preempted facility" means any facility that includes
as a significant part of its activities any of the following
operations: (a) Landfill, (b) incineration, (c) land treatment, (d)
surface impoundment to be closed as a landfill, or (e) waste pile to be
closed as a landfill.
(((13))) (12) "Hazardous household substances" means those
substances identified by the department as hazardous household
substances in the guidelines developed under RCW 70.105.220.
(((14))) (13) "Hazardous substances" means any liquid, solid, gas,
or sludge, including any material, substance, product, commodity, or
waste, regardless of quantity, that exhibits any of the characteristics
or criteria of hazardous waste as described in rules adopted under this
chapter.
(((15))) (14) "Hazardous waste" means and includes all dangerous
and extremely hazardous waste, including substances composed of both
radioactive and hazardous components.
(((16))) (15) "Local government" means a city, town, or county.
(((17))) (16) "Moderate-risk waste" means (a) any waste that
exhibits any of the properties of hazardous waste but is exempt from
regulation under this chapter solely because the waste is generated in
quantities below the threshold for regulation, and (b) any household
wastes which are generated from the disposal of substances identified
by the department as hazardous household substances.
(((18))) (17) "Service charge" means an assessment imposed under
RCW 70.105.280 against those facilities that store, treat, incinerate,
or dispose of dangerous or extremely hazardous waste that contains both
a nonradioactive hazardous component and a radioactive component.
Service charges shall also apply to facilities undergoing closure under
this chapter in those instances where closure entails the physical
characterization of remaining wastes which contain both a
nonradioactive hazardous component and a radioactive component or the
management of such wastes through treatment or removal, except any
commercial low-level radioactive waste facility.
Sec. 182 RCW 70.105.160 and 1998 c 245 s 110 are each amended to
read as follows:
The department shall conduct a study to determine the best
management practices for categories of waste for the priority waste
management methods established in RCW 70.105.150, with due
consideration in the course of the study to sound environmental
management and available technology. As an element of the study, the
department shall review methods that will help achieve the priority of
RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed
rules, the department shall conduct public hearings regarding the best
management practices for the various waste categories studied by the
department. After conducting the study, the department shall prepare
new rules or modify existing rules as appropriate to promote
implementation of the priorities established in RCW 70.105.150 for
management practices which assure use of sound environmental management
techniques and available technology. The preliminary study shall be
completed by July 1, 1986, and the rules shall be adopted by July 1,
1987. ((The solid waste advisory committee shall review the studies
and the new or modified rules.))
The studies shall be updated at least once every five years. The
funding for these studies shall be from the hazardous waste control and
elimination account, subject to legislative appropriation.
NEW SECTION. Sec. 183 RCW 46.16.705 (Special license plate
review board -- Created) and 2005 c 319 s 117 & 2003 c 196 s 101 are each
repealed.
Sec. 184 RCW 46.16.233 and 2003 c 361 s 501 and 2003 c 196 s 401
are each reenacted and amended to read as follows:
(1) Except for those license plates issued under RCW 46.16.305(1)
before January 1, 1987, under RCW 46.16.305(3), and to commercial
vehicles with a gross weight in excess of twenty-six thousand pounds,
effective with vehicle registrations due or to become due on January 1,
2001, the appearance of the background of all vehicle license plates
may vary in color and design but must be legible and clearly
identifiable as a Washington state license plate, as designated by the
department. Additionally, to ensure maximum legibility and
reflectivity, the department shall periodically provide for the
replacement of license plates, except for commercial vehicles with a
gross weight in excess of twenty-six thousand pounds. Frequency of
replacement shall be established in accordance with empirical studies
documenting the longevity of the reflective materials used to make
license plates.
(2) Special license plate series approved by the special license
plate review board created under RCW 46.16.705 and enacted by the
legislature prior to June 30, 2010, may display a symbol or artwork
approved by the special license plate review board. Beginning July 1,
2010, special license plate series approved by the department and
enacted into law by the legislature may display a symbol or artwork
approved by the department.
(3) By November 1, 2003, in providing for the periodic replacement
of license plates, the department shall offer to vehicle owners the
option of retaining their current license plate numbers. The
department shall charge a retention fee of twenty dollars if this
option is exercised. Revenue generated from the retention fee must be
deposited into the multimodal transportation account.
Sec. 185 RCW 46.16.316 and 2005 c 210 s 2 are each amended to
read as follows:
Except as provided in RCW 46.16.305:
(1) When a person who has been issued a special license plate or
plates: (a) Under RCW 46.16.30901, 46.16.30903, 46.16.30905, or
46.16.301 as it existed before amendment by section 5, chapter 291,
Laws of 1997, or under RCW 46.16.305(2) or 46.16.324; (b) approved by
the ((special license plate review board under RCW 46.16.715 through
46.16.775)); or (c) under RCW 46.16.601 sells, trades, or otherwise
transfers or releases ownership of the vehicle upon which the special
license plate or plates have been displayed, he or she shall
immediately report the transfer of such plate or plates to an acquired
vehicle or vehicle eligible for such plates pursuant to departmental
rule, or he or she shall surrender such plates to the department
immediately if such surrender is required by departmental rule. If a
person applies for a transfer of the plate or plates to another
eligible vehicle, a transfer fee of ten dollars shall be charged in
addition to all other applicable fees. Such transfer fees shall be
deposited in the motor vehicle fund. Failure to surrender the plates
when required is a traffic infraction.
(2) If the special license plate or plates issued by the department
become lost, defaced, damaged, or destroyed, application for a
replacement special license plate or plates shall be made and fees paid
as provided by law for the replacement of regular license plates.
Sec. 186 RCW 46.16.715 and 2005 c 319 s 118 are each amended to
read as follows:
(((1) The board shall meet periodically at the call of the chair,
but must meet at least one time each year within ninety days before an
upcoming regular session of the legislature. The board may adopt its
own rules and may establish its own procedures. It shall act
collectively in harmony with recorded resolutions or motions adopted by
a majority vote of the members, and it must have a quorum present to
take a vote on a special license plate application.)) The department of licensing shall ((
(2) The board will be compensated from the general appropriation
for the department of licensing in accordance with RCW 43.03.250. Each
board member will be compensated in accordance with RCW 43.03.250 and
reimbursed for actual necessary traveling and other expenses in going
to, attending, and returning from meetings of the board or that are
incurred in the discharge of duties requested by the chair. However,
in no event may a board member be compensated in any year for more than
one hundred twenty days, except the chair may be compensated for not
more than one hundred fifty days. Service on the board does not
qualify as a service credit for the purposes of a public retirement
system.
(3) The board shall keep proper records and is subject to audit by
the state auditor or other auditing entities.
(4)provide administrative
support to the board, which must include at least the following)):
(((a) Provide general staffing to meet the administrative needs of
the board;)) (1) Report to the ((
(b)board)) department on the reimbursement
status of any new special license plate series for which the state had
to pay the start-up costs;
(((c))) (2) Process special license plate applications and confirm
that the sponsoring organization has submitted all required
documentation. If an incomplete application is received, the
department must return it to the sponsoring organization; and
(((d))) (3) Compile the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those reports to the ((board for review and approval))
department.
Sec. 187 RCW 46.16.725 and 2008 c 72 s 2 are each amended to read
as follows:
(1) ((The creation of the board does not in any way preclude the
authority of the legislature to independently propose and enact special
license plate legislation.)) The ((
(2)board)) department must review and either approve or
reject special license plate applications submitted by sponsoring
organizations.
(((3))) (2) Duties of the ((board)) department include but are not
limited to the following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the senate and house
transportation committees;
(b) Report annually to the senate and house transportation
committees on the special license plate applications that were
considered by the ((board)) department;
(c) Issue approval and rejection notification letters to sponsoring
organizations, ((the department,)) the chairs of the senate and house
of representatives transportation committees, and the legislative
sponsors identified in each application. The letters must be issued
within seven days of making a determination on the status of an
application;
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The ((board))
department may submit a recommendation to discontinue a special plate
series to the chairs of the senate and house of representatives
transportation committees((;)).
(e) Provide policy guidance and directions to the department
concerning the adoption of rules necessary to limit the number of
special license plates that an organization or a governmental entity
may apply for
(((4))) (3) Except as provided in chapter 72, Laws of 2008, in
order to assess the effects and impact of the proliferation of special
license plates, the legislature declares a temporary moratorium on the
issuance of any additional plates until July 1, 2009. During this
period of time, the special license plate review board created in RCW
46.16.705 and the department of licensing are prohibited from
accepting, reviewing, processing, or approving any applications.
Additionally, no special license plate may be enacted by the
legislature during the moratorium, unless the proposed license plate
has been approved by the board before February 15, 2005.
Sec. 188 RCW 46.16.745 and 2005 c 210 s 8 are each amended to
read as follows:
(1) A sponsoring organization meeting the requirements of RCW
46.16.735, applying for the creation of a special license plate ((to
the special license plate review board)) must, on an application
supplied by the department, provide the minimum application
requirements in subsection (2) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated with the
creation and implementation of the special license plate in an amount
determined by the department. The department shall place this money
into the special license plate applicant trust account created under
RCW 46.16.755(((4))) (3);
(b) Provide a proposed license plate design;
(c) Provide a marketing strategy outlining short and long-term
marketing plans for each special license plate and a financial analysis
outlining the anticipated revenue and the planned expenditures of the
revenues derived from the sale of the special license plate;
(d) Provide a signature of a legislative sponsor and proposed
legislation creating the special license plate;
(e) Provide proof of organizational qualifications as determined by
the department as provided for in RCW 46.16.735;
(f) Provide signature sheets that include signatures from
individuals who intend to purchase the special license plate and the
number of plates each individual intends to purchase. The sheets must
reflect a minimum of three thousand five hundred intended purchases of
the special license plate.
(3) After an application is approved by the ((special license plate
review board)) department, the application need not be reviewed again
((by the board)) for a period of three years.
Sec. 189 RCW 46.16.755 and 2004 c 222 s 4 are each amended to
read as follows:
(1)(a) Revenues generated from the sale of special license plates
for those sponsoring organizations who used the application process in
RCW 46.16.745(((3))) must be deposited into the motor vehicle account
until the department determines that the state's implementation costs
have been fully reimbursed. The department shall apply the application
fee required under RCW 46.16.745(((3)(a))) towards those costs.
(b) When it is determined that the state has been fully reimbursed
the department must notify the house of representatives and senate
transportation committees, the sponsoring organization, and the
treasurer, and commence the distribution of the revenue as otherwise
provided by law.
(2) If reimbursement does not occur within two years from the date
the plate is first offered for sale to the public, the special license
plate series must be placed in probationary status for a period of one
year from that date. If the state is still not fully reimbursed for
its implementation costs after the one-year probation, the plate series
must be discontinued immediately. Special plates issued before
discontinuation are valid until replaced under RCW 46.16.233.
(3) The special license plate applicant trust account is created in
the custody of the state treasurer. All receipts from special license
plate applicants, except the application fee as provided in RCW
46.16.745(((3))), must be deposited into the account. Only the
director of the department or the director's designee may authorize
disbursements from the account. The account is not subject to the
allotment procedures under chapter 43.88 RCW, nor is an appropriation
required for disbursements.
(4) The department shall provide the special license plate
applicant with a written receipt for the payment.
(5) The department shall maintain a record of each special license
plate applicant trust account deposit, including, but not limited to,
the name and address of each special license plate applicant whose
funds are being deposited, the amount paid, and the date of the
deposit.
(6) After the department receives written notice that the special
license plate applicant's application has been:
(a) Approved by the legislature, the director shall request that
the money be transferred to the motor vehicle account;
(b) Denied by the ((special license plate review board)) department
or the legislature, the director shall provide a refund to the
applicant within thirty days; or
(c) Withdrawn by the special license plate applicant, the director
shall provide a refund to the applicant within thirty days.
Sec. 190 RCW 46.16.775 and 2003 c 196 s 304 are each amended to
read as follows:
(1) A special license plate series created by the legislature after
January 1, ((2004)) 2011, that has not been reviewed and approved by
the ((special license plate review board)) department is subject to the
following requirements:
(a) The organization sponsoring the license plate series shall,
within thirty days of enactment of the legislation creating the plate
series, submit prepayment of all start-up costs associated with the
creation and implementation of the special license plate in an amount
determined by the department. The prepayment will be credited to the
motor vehicle fund. The creation and implementation of the plate
series may not commence until payment is received by the department.
(b) If the sponsoring organization is not able to meet the
prepayment requirements in (a) of this subsection and can demonstrate
this fact to the satisfaction of the department, the revenues generated
from the sale of the special license plates must be deposited in the
motor vehicle account until the department determines that the state's
portion of the implementation costs have been fully reimbursed. When
it is determined that the state has been fully reimbursed the
department must notify the treasurer to commence distribution of the
revenue according to statutory provisions.
(c) The sponsoring organization must provide a proposed license
plate design to the department within thirty days of enactment of the
legislation creating the plate series.
(2) The state must be reimbursed for its portion of the
implementation costs within two years from the date the new plate
series goes on sale to the public. If the reimbursement does not occur
within the two-year time frame, the special license plate series must
be placed in probationary status for a period of one year from that
date. If the state is still not fully reimbursed for its
implementation costs after the one-year probation, the plate series
must be discontinued immediately. Those plates issued before
discontinuation are valid until replaced under RCW 46.16.233.
(3) If the sponsoring organization ceases to exist or the purpose
of the special plate series ceases to exist, revenues generated from
the sale of the special license plates must be deposited into the motor
vehicle account.
(4) A sponsoring organization may not seek to redesign their plate
series until all of the existing inventory is sold or purchased by the
organization itself. All cost for redesign of a plate series must be
paid by the sponsoring organization.
Sec. 191 RCW 46.16.30901 and 2004 c 35 s 1 are each amended to
read as follows:
The department shall issue a special license plate displaying a
symbol, approved by the special license plate review board before June
30, 2010, for professional firefighters and paramedics who are members
of the Washington State Council of Firefighters. Upon initial
application and subsequent renewals, applicants must show proof of
eligibility by providing a certificate of current membership from the
Washington State Council of Firefighters. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon the terms
and conditions established by the department.
Sec. 192 RCW 46.16.30903 and 2004 c 48 s 1 are each amended to
read as follows:
(((1) The legislature recognizes the Helping Kids Speak license
plate has been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with all provisions of RCW
46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol, as approved by the special license plate review board before
June 30, 2010, recognizing an organization that supports programs that
provide no-cost speech pathology programs to children. The special
license plate may be used in lieu of regular or personalized license
plates for vehicles required to display one or two vehicle license
plates, excluding vehicles registered under chapter 46.87 RCW, upon
terms and conditions established by the department. The special plates
will commemorate an organization that supports programs that provide
free diagnostic and therapeutic services to children who have a severe
delay in language or speech development.
(2)
Sec. 193 RCW 46.16.30905 and 2004 c 221 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the law enforcement memorial
license plate has been reviewed by the special license plate review
board as specified in chapter 196, Laws of 2003, and was found to fully
comply with all provisions of chapter 196, Laws of 2003.)) The department shall issue a special license plate displaying
a symbol, as approved by the special license plate review board before
June 30, 2010, honoring law enforcement officers in Washington killed
in the line of duty. The special license plate may be used in lieu of
regular or personalized license plates for vehicles required to display
one or two vehicle license plates, excluding vehicles registered under
chapter 46.87 RCW, upon the terms and conditions established by the
department.
(2)
Sec. 194 RCW 46.16.30907 and 2005 c 42 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Washington's Wildlife
license plate collection, to include three distinct designs including
bear, deer, and elk, has been reviewed by the special license plate
review board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate collection
displaying a symbol or artwork, as approved by the special license
plate review board and the legislature before June 30, 2010,
recognizing Washington's wildlife, that may be used in lieu of regular
or personalized license plates for vehicles required to display one or
two vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 195 RCW 46.16.30909 and 2005 c 44 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Washington state parks
and recreation commission license plate application has been reviewed
by the special license plate review board under RCW 46.16.725 and was
found to fully comply with all provisions of RCW 46.16.715 through
46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing Washington
state parks as premier destinations of uncommon quality that preserve
significant natural, cultural, historical, and recreational resources,
that may be used in lieu of regular or personalized license plates for
vehicles required to display one and two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 196 RCW 46.16.30911 and 2005 c 48 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Washington Lighthouses"
license plate has been reviewed by the special license plate review
board under RCW 46.16.725, and found to fully comply with RCW 46.16.715
through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing an
organization that supports selected Washington state lighthouses and
provides environmental education programs. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 197 RCW 46.16.30913 and 2005 c 53 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Keep Kids Safe" license
plate has been reviewed and approved by the special license plate
review board under RCW 46.16.725, and found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
artwork, as approved by the special license plate review board before
June 30, 2010, recognizing efforts to prevent child abuse and neglect.
The special license plate may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 198 RCW 46.16.30914 and 2005 c 71 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "we love our pets"
license plate has been reviewed by the special license plate review
board under RCW 46.16.725, and found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board before June 30, 2010, recognizing an organization that assists
local member agencies of the federation of animal welfare and control
agencies to promote and perform spay/neuter surgery on Washington state
pets, in order to reduce pet overpopulation. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 199 RCW 46.16.30916 and 2005 c 85 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Gonzaga University alumni
association license plate has been reviewed by the special license
plate review board under RCW 46.16.725, and found to fully comply with
all provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board before June 30, 2010, recognizing the Gonzaga University alumni
association. The special license plate may be used in lieu of regular
or personalized license plates for vehicles required to display one or
two vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 200 RCW 46.16.30918 and 2005 c 177 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Washington's National
Park Fund" license plate has been reviewed by the special license plate
review board under RCW 46.16.725, and found to fully comply with RCW
46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing
Washington's National Park Fund, that may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 201 RCW 46.16.30920 and 2008 c 183 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the armed forces license
plate collection has been reviewed and approved by the special license
plate review board.)) The department shall issue a special license plate
collection, as approved by the special license plate review board and
the legislature before June 30, 2010, recognizing the contribution of
veterans, active duty military personnel, reservists, and members of
the national guard. The collection includes six separate designs, each
containing a symbol representing a different branch of the armed forces
to include army, navy, air force, marine corps, coast guard, and
national guard.
(2)
(((3))) (2) Armed forces special license plates may be used in lieu
of regular or personalized license plates for vehicles required to
display one and two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions
established by the department.
(((4))) (3) Upon request, the department must make available to the
purchaser, at no additional cost, a decal indicating the purchaser's
military status. The department must work with the department of
veterans affairs to establish a list of the decals to be made
available. The list of available decals must include, but is not
limited to, "veteran," "disabled veteran," "reservist," "retiree," or
"active duty." The department may specify where the decal may be
placed on the license plate. Decals are required to be made available
only for standard six-inch by twelve-inch license plates.
(((5))) (4) Armed forces license plates and decals are available
only to veterans as defined in RCW 41.04.007, active duty military
personnel, reservists, members of the national guard, and the families
of veterans and service members. Upon initial application, any
purchaser requesting an armed forces license plate and decal will be
required to show proof of eligibility by providing: A DD-214 or
discharge papers if a veteran; a military identification or retired
military identification card; or a declaration of fact attesting to the
purchaser's eligibility as required under this section. "Family" or
"families" means an individual's spouse, child, parent, sibling, aunt,
uncle, or cousin. A child includes stepchild, adopted child, foster
child, grandchild, and son or daughter-in-law. A parent includes
stepparent, grandparent, and in-laws. A sibling includes brother, half
brother, stepbrother, sister, half sister, stepsister, and brother or
sister-in-law.
(((6))) (5) The department of veterans affairs must enter into an
agreement with the department to reimburse the department for the costs
associated with providing military status decals described in
subsection (((4))) (3) of this section.
(((7))) (6) Armed forces license plates are not available free of
charge to disabled veterans, former prisoners of war, or spouses of
deceased former prisoners of war under the privileges defined in RCW
73.04.110 and 73.04.115.
Sec. 202 RCW 46.16.30922 and 2005 c 220 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Ski & Ride Washington"
license plate has been reviewed and approved by the special license
plate review board under RCW 46.16.725, and found to fully comply with
RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing the
Washington snowsports industry, that may be used in lieu of regular or
personalized license plates for vehicles required to display vehicle
license plates, excluding vehicles registered under chapter 46.87 RCW,
upon terms and conditions established by the department.
(2)
Sec. 203 RCW 46.16.30924 and 2005 c 224 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Wild On Washington
license plate has been reviewed by the special license plate review
board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, referred to as "Wild On
Washington license plates," that may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 204 RCW 46.16.30926 and 2005 c 225 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Endangered Wildlife
license plate has been reviewed by the special license plate review
board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, referred to as
"Endangered Wildlife license plates," that may be used in lieu of
regular or personalized license plates for vehicles required to display
one or two vehicle license plates, excluding vehicles registered under
chapter 46.87 RCW, upon terms and conditions established by the
department.
(2)
Sec. 205 RCW 46.16.30928 and 2005 c 426 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Share the Road" license
plate has been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with RCW 46.16.715 through
46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing an
organization that promotes bicycle safety and awareness education. The
special license plate may be used in lieu of regular or personalized
license plates for vehicles required to display one or two vehicle
license plates, excluding vehicles registered under chapter 46.87 RCW,
upon terms and conditions established by the department. The special
plates will commemorate the life of Cooper Jones.
(2)
NEW SECTION. Sec. 206 RCW 50.12.200 (State advisory council--Committees and councils) and 1982 1st ex.s. c 18 s 1, 1975-'76 2nd
ex.s. c 34 s 149, 1953 ex.s. c 8 s 4, 1947 c 215 s 12, & 1945 c 35 s 59
are each repealed.
NEW SECTION. Sec. 207 RCW 70.119A.160 (Water supply advisory
committee) and 1998 c 245 s 112 & 1995 c 376 s 4 are each repealed.
Sec. 208 RCW 70.119A.180 and 2003 1st sp.s. c 5 s 7 are each
amended to read as follows:
(1) It is the intent of the legislature that the department
establish water use efficiency requirements designed to ensure
efficient use of water while maintaining water system financial
viability, improving affordability of supplies, and enhancing system
reliability.
(2) The requirements of this section shall apply to all municipal
water suppliers and shall be tailored to be appropriate to system size,
forecasted system demand, and system supply characteristics.
(3) For the purposes of this section:
(a) Water use efficiency includes conservation planning
requirements, water distribution system leakage standards, and water
conservation performance reporting requirements; and
(b) "Municipal water supplier" and "municipal water supply
purposes" have the meanings provided by RCW 90.03.015.
(4) To accomplish the purposes of this section, the department
shall adopt rules necessary to implement this section by December 31,
2005. The department shall:
(a) Develop conservation planning requirements that ensure
municipal water suppliers are: (i) Implementing programs to integrate
conservation with water system operation and management; and (ii)
identifying how to appropriately fund and implement conservation
activities. Requirements shall apply to the conservation element of
water system plans and small water system management programs developed
pursuant to chapter 43.20 RCW. In establishing the conservation
planning requirements the department shall review the current
department conservation planning guidelines and include those elements
that are appropriate for rule. Conservation planning requirements
shall include but not be limited to:
(A) Selection of cost-effective measures to achieve a system's
water conservation objectives. Requirements shall allow the municipal
water supplier to select and schedule implementation of the best
methods for achieving its conservation objectives;
(B) Evaluation of the feasibility of adopting and implementing
water delivery rate structures that encourage water conservation;
(C) Evaluation of each system's water distribution system leakage
and, if necessary, identification of steps necessary for achieving
water distribution system leakage standards developed under (b) of this
subsection;
(D) Collection and reporting of water consumption and source
production and/or water purchase data. Data collection and reporting
requirements shall be sufficient to identify water use patterns among
utility customer classes, where applicable, and evaluate the
effectiveness of each system's conservation program. Requirements,
including reporting frequency, shall be appropriate to system size and
complexity. Reports shall be available to the public; and
(E) Establishment of minimum requirements for water demand forecast
methodologies such that demand forecasts prepared by municipal water
suppliers are sufficient for use in determining reasonably anticipated
future water needs;
(b) Develop water distribution system leakage standards to ensure
that municipal water suppliers are taking appropriate steps to reduce
water system leakage rates or are maintaining their water distribution
systems in a condition that results in leakage rates in compliance with
the standards. Limits shall be developed in terms of percentage of
total water produced and/or purchased and shall not be lower than ten
percent. The department may consider alternatives to the percentage of
total water supplied where alternatives provide a better evaluation of
the water system's leakage performance. The department shall institute
a graduated system of requirements based on levels of water system
leakage. A municipal water supplier shall select one or more control
methods appropriate for addressing leakage in its water system;
(c) Establish minimum requirements for water conservation
performance reporting to assure that municipal water suppliers are
regularly evaluating and reporting their water conservation
performance. The objective of setting conservation goals is to enhance
the efficient use of water by the water system customers. Performance
reporting shall include:
(i) Requirements that municipal water suppliers adopt and achieve
water conservation goals. The elected governing board or governing
body of the water system shall set water conservation goals for the
system. In setting water conservation goals the water supplier may
consider historic conservation performance and conservation investment,
customer base demographics, regional climate variations, forecasted
demand and system supply characteristics, system financial viability,
system reliability, and affordability of water rates. Conservation
goals shall be established by the municipal water supplier in an open
public forum;
(ii) Requirements that the municipal water supplier adopt schedules
for implementing conservation program elements and achieving
conservation goals to ensure that progress is being made toward adopted
conservation goals;
(iii) A reporting system for regular reviews of conservation
performance against adopted goals. Performance reports shall be
available to customers and the public. Requirements, including
reporting frequency, shall be appropriate to system size and
complexity;
(iv) Requirements that any system not meeting its water
conservation goals shall develop a plan for modifying its conservation
program to achieve its goals along with procedures for reporting
performance to the department;
(v) If a municipal water supplier determines that further
reductions in consumption are not reasonably achievable, it shall
identify how current consumption levels will be maintained;
(d) Adopt rules that, to the maximum extent practical, utilize
existing mechanisms and simplified procedures in order to minimize the
cost and complexity of implementation and to avoid placing unreasonable
financial burden on smaller municipal systems.
(5) ((The department shall establish an advisory committee to
assist the department in developing rules for water use efficiency.
The advisory committee shall include representatives from public water
system customers, environmental interest groups, business interest
groups, a representative cross-section of municipal water suppliers, a
water utility conservation professional, tribal governments, the
department of ecology, and any other members determined necessary by
the department. The department may use the water supply advisory
committee created pursuant to RCW 70.119A.160 augmented with additional
participants as necessary to comply with this subsection to assist the
department in developing rules.)) The department shall provide technical assistance upon
request to municipal water suppliers and local governments regarding
water conservation, which may include development of best management
practices for water conservation programs, conservation landscape
ordinances, conservation rate structures for public water systems, and
general public education programs on water conservation.
(6)
(((7))) (6) To ensure compliance with this section, the department
shall establish a compliance process that incorporates a graduated
approach employing the full range of compliance mechanisms available to
the department.
(((8))) (7) Prior to completion of rule making required in
subsection (4) of this section, municipal water suppliers shall
continue to meet the existing conservation requirements of the
department and shall continue to implement their current water
conservation programs.
Sec. 209 RCW 90.86.030 and 2005 c 60 s 3 are each amended to read
as follows:
(1) The joint legislative committee on water supply during drought
shall convene from time to time at the call of the chair when a drought
conditions order under RCW 43.83B.405 is in effect, or when the chair
determines, in consultation with the department of ecology, that it is
likely that such an order will be issued within the next year.
(2) The committee may request and review information relating to
water supply conditions in the state, and economic, environmental, and
other impacts relating to decreased water supply being experienced or
anticipated. The governor's executive water emergency committee, the
department of ecology, ((the water supply advisory committee,)) and
other state agencies with water management or related responsibilities
shall cooperate in responding to requests from the committee.
(3) During drought conditions in which an order issued under RCW
43.83B.405 is in effect, the department of ecology shall provide to the
committee no less than monthly a report describing drought response
activities of the department and other state and federal agencies
participating on the water supply availability committee. The report
shall include information regarding applications for, and approvals and
denials of emergency water withdrawals and temporary changes or
transfers of, water rights under RCW 43.83B.410.
(4) The committee from time to time shall make recommendations to
the senate and house of representatives on budgetary and legislative
actions that will improve the state's drought response programs and
planning.
NEW SECTION. Sec. 210 RCW 18.104.190 (Technical advisory group)
and 2005 c 84 s 8 & 1993 c 387 s 25 are each repealed.
Sec. 211 RCW 18.104.040 and 1993 c 387 s 4 are each amended to
read as follows:
The department shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant to the
provisions of this chapter;
(2) At all reasonable times, to enter upon lands for the purpose of
inspecting, taking measurements from, or tagging any well, constructed
or being constructed;
(3) To call upon or receive professional or technical advice from
the department of health((, the technical advisory group created in RCW
18.104.190,)) or any other public agency or person;
(4) To adopt rules, in consultation with the department of health
((and the technical advisory group created in RCW 18.104.190, governing
licensing and well construction)), as may be appropriate to carry out
the purposes of this chapter. The rules adopted by the department may
include, but are not limited to:
(a) Standards for the construction and maintenance of wells and
their casings;
(b) Methods of capping, sealing, and decommissioning wells to
prevent contamination of groundwater resources and to protect public
health and safety;
(c) Methods of artificial recharge of groundwater bodies and of
construction of wells which insure separation of individual water
bearing formations;
(d) The manner of conducting and the content of examinations
required to be taken by applicants for license hereunder;
(e) Requirements for the filing of notices of intent, well reports,
and the payment of fees;
(f) Reporting requirements of well contractors;
(g) Limitations on well construction in areas identified by the
department as requiring intensive control of withdrawals in the
interests of sound management of the groundwater resource;
(5) To require the operator in the construction of a well and the
property owner in the maintenance of a well to guard against waste and
contamination of the groundwater resources;
(6) To require the operator to place a well identification tag on
a new well and on an existing well on which work is performed after the
effective date of rules requiring well identification tags and to place
or require the owner to place a well identification tag on an existing
well;
(7) To require the well owner to repair or decommission any well:
(a) That is abandoned, unusable, or not intended for future use; or
(b) That is an environmental, safety, or public health hazard.
Sec. 212 RCW 18.104.043 and 2005 c 84 s 2 are each amended to
read as follows:
(1) If requested in writing by the governing body of a local health
district or county, the department by memorandum of agreement may
delegate to the governing body the authority to administer and enforce
the well tagging, sealing, and decommissioning portions of the water
well construction program.
(2) The department shall determine whether a local health district
or county that seeks delegation under this section has the resources,
capability, and expertise, including qualified field inspectors, to
administer the delegated program. If the department determines the
local government has these resources, it shall notify well contractors
and operators of the proposal. The department shall accept written
comments on the proposal for sixty days after the notice is mailed.
(3) If the department determines that a delegation of authority to
a local health district or county to administer and enforce the well
sealing and decommissioning portions of the water well construction
program will enhance the public health and safety and the environment,
the department and the local governing body may enter into a memorandum
of agreement setting forth the specific authorities delegated by the
department to the local governing body. The memorandum of agreement
must be, at a minimum, reviewed annually. The department((, in
consultation with the technical advisory group, created under RCW
18.104.190,)) shall adopt rules outlining the annual review and
reporting process. A detailed summary of the review must be made
available to well contractors and operators upon request and be
published on the department's web site.
(4) With regard to the portions of the water well construction
program delegated under this section, the local governing agency shall
exercise only the authority delegated to it under this section. If,
after a public hearing, the department determines that a local
governing body is not administering the program in accordance with this
chapter, it shall notify the local governing body of the deficiencies.
If corrective action is not taken within a reasonable time, not to
exceed sixty days, the department by order shall withdraw the
delegation of authority.
(5) The department shall promptly furnish the local governing body
with a copy of each water well report and notification of start cards
received in the area covered by a delegated program.
(6) The department and the local governing body shall coordinate to
reduce duplication of effort and shall share all appropriate
information including technical reports, violations, and well reports.
(7) Any person aggrieved by a decision of a local health district
or county under a delegated program may appeal the decision to the
department. The department's decision is subject to review by the
pollution control hearings board as provided in RCW 43.21B.110.
(8) The department shall not delegate the authority to license well
contractors, renew licenses, receive notices of intent to commence
constructing a well, receive well reports, or collect state fees
provided for in this chapter.
Sec. 213 RCW 18.104.049 and 1993 c 387 s 7 are each amended to
read as follows:
The department by rule shall adopt procedures to permit a well
operator to modify construction standards to meet unforeseen
circumstances encountered during the construction of a well. ((The
procedures shall be developed in consultation with the technical
advisory group established in RCW 18.104.190.))
Sec. 214 RCW 18.104.100 and 2005 c 84 s 5 are each amended to
read as follows:
(1) Licenses issued pursuant to this chapter shall be renewed every
two years. A license shall be renewed upon payment of a renewal fee
and completion of continuing education requirements and receipt of a
completed license renewal application. If a licensee fails to submit
an application for renewal, the renewal fee, and proof of completion of
the required continuing education, the license shall be suspended at
the end of its effective term. The licensee is not allowed to perform
work authorized by their license during the time that it is suspended.
The licensee is allowed thirty days to submit an application for
renewal, the renewal fee, and proof of completion of the required
continuing education for the renewal period. Continuing education
obtained during the thirty-day suspension period may be applied only to
the next renewal period. If a licensee fails to submit an application
for renewal, the renewal fee, and proof of completion of the required
continuing education by the end of the thirty-day suspension period,
the license expires. The department shall adopt rules((, in
consultation with the technical advisory group created under RCW
18.104.190,)) that allow for an extension of the thirty-day suspension
period for certain situations that are beyond the control of the
licensee. The rules must also allow for a retirement or inactive
license.
(2) A person whose license has expired must apply for a new license
as provided in this chapter. The department may waive the requirement
for a written examination and on-site testing for a person whose
license has expired.
(3) The department may refuse to renew a license if the licensee
has not complied with an order issued by the department or has not paid
a penalty imposed in accordance with this chapter, unless the order or
penalty is under appeal.
(4) The department may issue a conditional license to enable a
former licensee to comply with an order to correct problems with a
well.
Sec. 215 RCW 18.104.200 and 2005 c 84 s 6 are each amended to
read as follows:
(1) A person seeking a new license or to renew an existing license
under this chapter must demonstrate a willingness to maintain a high
level of professional competency by completing continuing education
programs as required by the department by rule. The department shall
not approve any continuing education program unless: (a) It is offered
by an approved provider; (b) it is open to all persons licensed or
pursuing a license under this chapter; and (c) the fees charged are
reasonable for all persons desiring to attend the program.
(2) The department((, in consultation with the technical advisory
group created in RCW 18.104.190,)) shall adopt rules governing
continuing education programs. At a minimum, the rules must establish:
A method of approving providers of continuing education; a criteria to
evaluate the offerings, workshops, courses, classes, or programs; a
criteria for assigning credits; and a criteria for reporting and
verifying completion.
(3) The department shall support approved providers by providing,
upon request and at the department's discretion, technical assistance
and presenters for continuing education offerings.
(4) The department shall maintain a current list of all continuing
education offerings by approved providers and ensure that the list is
available to all licensees by request. The list must also be posted on
the department's web site.
NEW SECTION. Sec. 216 The following acts or parts of acts are
each repealed:
(1) RCW 27.34.360 (Women's history consortium -- Created -- Washington
state historical society as managing agency) and 2005 c 391 s 2;
(2) RCW 27.34.365 (Women's history consortium -- Board of advisors)
and 2005 c 391 s 3;
(3) RCW 27.34.370 (Women's history consortium -- Responsibilities of
board of advisors) and 2005 c 391 s 4;
(4) RCW 27.34.375 (Women's history consortium -- Responsibilities)
and 2005 c 391 s 5; and
(5) RCW 27.34.380 (Women's history consortium -- Report to the
legislature) and 2005 c 391 s 6.
Sec. 217 RCW 28C.04.390 and 1999 c 121 s 1 are each amended to
read as follows:
(1) The college board worker retraining program funds shall be used
for training programs and related support services, including financial
aid, counseling, referral to training resources, job referral, and job
development that:
(a) Are consistent with the unified plan for workforce development;
(b) Provide increased enrollments for dislocated workers;
(c) Provide customized training opportunities for dislocated
workers; and
(d) Provide increased enrollments and support services, including
financial aid for those students not receiving unemployment insurance
benefits, that do not replace or supplant any existing enrollments,
programs, support services, or funding sources.
(2) The college board shall develop a plan for use of the worker
retraining program funds ((in conjunction with the workforce training
customer advisory committee established in subsection (3) of this
section)). In developing the plan the college board shall:
(a) Provide that applicants for worker retraining program funds
shall solicit financial support for training programs and give priority
in receipt of funds to those applicants which are most successful in
matching public dollars with financial support;
(b) Provide that applicants for worker retraining program funds
shall develop training programs in partnership with local businesses,
industry associations, labor, and other partners as appropriate and
give priority in receipt of funds to those applicants who develop
customized training programs in partnership with local businesses,
industry associations, and labor organizations;
(c) Give priority in receipt of funds to those applicants serving
rural areas;
(d) Ensure that applicants receiving worker retraining program
funds gather information from local workforce development councils on
employer workforce needs, including the needs of businesses with less
than twenty-five employees; and
(e) Provide for specialized vocational training at a private career
school or college at the request of a recipient eligible under
subsection (1)(b) of this section. Available tuition for the training
is limited to the amount that would otherwise be payable per enrolled
quarter to a public institution.
(((3) The executive director of the college board shall appoint a
workforce training customer advisory committee by July 1, 1999, to:))
(a) Assist in the development of the plan for the use of the
college board worker retraining program funds and recommend guidelines
to the college board for the operation of worker retraining programs;
(b) Recommend selection criteria for worker retraining programs and
grant applicants for receipt of worker retraining program grants;
(c) Provide advice to the college board on other workforce
development activities of the community and technical colleges;
(d) Recommend selection criteria for job skills grants, consistent
with criteria established in this chapter and chapter 121, Laws of
1999. Such criteria shall include a prioritization of job skills
applicants in rural areas;
(e) Recommend guidelines to the college board for the operation of
the job skills program; and
(f) Recommend grant applicants for receipt of job skills program
grants.
(4) Members of the workforce training customer advisory committee
shall consist of three college system representatives selected by the
executive director of the college board, three representatives of
business selected from nominations provided by statewide business
organizations, and three representatives of labor selected from
nominations provided by a statewide labor organization representing a
cross-section of workers in the state.
Sec. 218 RCW 28C.04.420 and 1999 c 121 s 3 are each amended to
read as follows:
The college board may, subject to appropriation from the
legislature or from funds made available from any other public or
private source and pursuant to rules adopted by the college board
((with the advice of the workforce training customer advisory committee
established in RCW 28C.04.390)), provide job skills grants to
educational institutions. The job skills grants shall be used
exclusively for programs which are consistent with the job skills
program. The college board shall work ((in collaboration with the
workforce training customer advisory committee established in RCW
28C.04.390)) to assure that:
(1) The program is within the scope of the job skills program under
this chapter and may reasonably be expected to succeed and thereby
increase employment within the state;
(2) Provision has been made to use any available alternative
funding from local, state, and federal sources;
(3) The job skills grant will only be used to cover the costs
associated with the program;
(4) The program will not unnecessarily duplicate existing programs
and could not be provided by another educational institution more
effectively or efficiently;
(5) The program involves an area of skills training and education
for which there is a demonstrable need;
(6) The applicant has made provisions for the use of existing
federal and state resources for student financial assistance;
(7) The job skills grant is essential to the success of the program
as the resources of the applicant are inadequate to attract the
technical assistance and financial support necessary for the program
from business and industry;
(8) The program represents a collaborative partnership between
business, industry, labor, educational institutions, and other
partners, as appropriate;
(9) The commitment of financial support from business and industry
shall be equal to or greater than the amount of the requested job
skills grant;
(10) Binding commitments have been made to the commission by the
applicant for adequate reporting of information and data regarding the
program to the commission, particularly information concerning the
recruitment and employment of trainees and students, and including a
requirement for an annual or other periodic audit of the books of the
applicant directly related to the program, and for such control on the
part of the commission as it considers prudent over the management of
the program, so as to protect the use of public funds, including, in
the discretion of the commission and without limitation, right of
access to financial and other records of the applicant directly related
to the programs; and
(11) A provision has been made by the applicant to work, in
cooperation with the employment security department, to identify and
screen potential trainees, and that provision has been made by the
applicant for the participation as trainees of low-income persons
including temporary assistance for needy families recipients,
dislocated workers, and persons from minority and economically
disadvantaged groups to participate in the program.
Beginning October 1, 1999, and every two years thereafter, the
college board shall provide the legislature and the governor with a
report describing the activities and outcomes of the state job skills
program.
Sec. 219 RCW 43.15.020 and 2008 c 152 s 9 are each amended to
read as follows:
The lieutenant governor serves as president of the senate and is
responsible for making appointments to, and serving on, the committees
and boards as set forth in this section.
(1) The lieutenant governor serves on the following boards and
committees:
(a) Capitol furnishings preservation committee, RCW 27.48.040;
(b) Washington higher education facilities authority, RCW
28B.07.030;
(c) Productivity board, also known as the employee involvement and
recognition board, RCW 41.60.015;
(d) State finance committee, RCW 43.33.010;
(e) State capitol committee, RCW 43.34.010;
(f) Washington health care facilities authority, RCW 70.37.030;
(g) State medal of merit nominating committee, RCW 1.40.020;
(h) Medal of valor committee, RCW 1.60.020; and
(i) Association of Washington generals, RCW 43.15.030.
(2) The lieutenant governor, and when serving as president of the
senate, appoints members to the following boards and committees:
(a) ((Organized crime advisory board, RCW 43.43.858;)) Civil legal aid oversight committee, RCW 2.53.010;
(b)
(((c))) (b) Office of public defense advisory committee, RCW
2.70.030;
(((d))) (c) Washington state gambling commission, RCW 9.46.040;
(((e))) (d) Sentencing guidelines commission, RCW 9.94A.860;
(((f))) (e) State building code council, RCW 19.27.070;
(((g) Women's history consortium board of advisors, RCW 27.34.365;)) (f) Financial literacy public-private partnership, RCW
28A.300.450;
(h)
(((i))) (g) Joint administrative rules review committee, RCW
34.05.610;
(((j) Capital projects advisory review board, RCW 39.10.220;)) (h) Select committee on pension policy, RCW 41.04.276;
(k)
(((l))) (i) Legislative ethics board, RCW 42.52.310;
(((m) Washington citizens' commission on salaries, RCW 43.03.305;)) (j) Legislative oral history ((
(n)advisory)) committee, RCW
((43.07.230)) 44.04.325;
(((o))) (k) State council on aging, RCW 43.20A.685;
(((p))) (l) State investment board, RCW 43.33A.020;
(((q) Capitol campus design advisory committee, RCW 43.34.080;)) (m) Washington state arts commission, RCW 43.46.015;
(r)
(((s))) (n) Information services board, RCW 43.105.032;
(((t) K-20 educational network board, RCW 43.105.800;)) (o) Municipal research council, RCW 43.110.010;
(u)
(((v) Council for children and families, RCW 43.121.020;)) (p) PNWER-Net working subgroup under chapter 43.147 RCW;
(w)
(((x))) (q) Community economic revitalization board, RCW
43.160.030;
(((y))) (r) Washington economic development finance authority, RCW
43.163.020;
(((z) Tourism development advisory committee, RCW 43.330.095;)) (s) Life sciences discovery fund authority, RCW 43.350.020;
(aa)
(((bb))) (t) Legislative children's oversight committee, RCW
44.04.220;
(((cc))) (u) Joint legislative audit and review committee, RCW
44.28.010;
(((dd))) (v) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((ee))) (w) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((ff))) (x) Agency council on coordinated transportation, RCW
47.06B.020;
(((gg))) (y) Manufactured housing task force, RCW 59.22.090;
(((hh))) (z) Washington horse racing commission, RCW 67.16.014;
(((ii))) (aa) Correctional industries board of directors, RCW
72.09.080;
(((jj))) (bb) Joint committee on veterans' and military affairs,
RCW 73.04.150;
(((kk) Washington state parks centennial advisory committee, RCW
79A.75.010;)) (cc) Joint legislative committee on water supply during
drought, RCW 90.86.020; and
(ll) Puget Sound council, RCW 90.71.030;
(mm)
(((nn) Statute law committee, RCW 1.08.001; and)) (dd) Joint legislative oversight committee on trade policy,
RCW 44.55.020.
(oo)
NEW SECTION. Sec. 220 (1) All documents and papers, equipment,
or other tangible property in the possession of the terminated entity
shall be delivered to the custody of the entity assuming the
responsibilities of the terminated entity or if such responsibilities
have been eliminated, documents and papers shall be delivered to the
state archivist and equipment or other tangible property to the
department of general administration.
(2) All funds held by, or other moneys due to, the terminated
entity shall revert to the fund from which they were appropriated, or
if that fund is abolished to the general fund.
(3) All contractual rights and duties of an entity shall be
assigned or delegated to the entity assuming the responsibilities of
the terminated entity, or if there is none to such entity as the
governor shall direct.
NEW SECTION. Sec. 221 Subheadings used in this act are not any
part of the law.
NEW SECTION. Sec. 222 Section 66 of this act expires June 30,
2039.
NEW SECTION. Sec. 223 This act takes effect June 30, 2010.