BILL REQ. #: S-1144.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/27/09. Referred to Committee on Government Operations & Elections.
AN ACT Relating to the consolidation of certain councils, boards, committees, and commissions; amending RCW 43.121.050, 70.190.010, 70.190.040, 70.190.100, 43.60A.010, 43.60A.080, 43.20.025, 43.101.280, 18.210.070, 70.118.110, 9.46.070, 67.16.010, 67.16.020, 67.16.101, 67.16.102, 67.16.105, 67.16.130, 67.16.140, 67.16.150, 67.16.160, 67.16.260, 67.16.270, 67.16.275, 67.16.280, 67.16.285, and 43.15.020; reenacting and amending RCW 2.56.030 and 43.79A.040; adding a new section to chapter 43.121 RCW; adding a new chapter to Title 43 RCW; creating new sections; repealing RCW 70.190.020, 43.60A.170, 43.131.405, 43.131.406, 43.113.005, 43.113.010, 43.113.020, 43.113.030, 43.115.010, 43.115.020, 43.115.030, 43.115.040, 43.115.045, 43.115.060, 43.115.900, 43.117.010, 43.117.020, 43.117.030, 43.117.040, 43.117.050, 43.117.060, 43.117.070, 43.117.080, 43.117.090, 43.117.100, 43.117.110, 43.117.900, 70.118.100, 67.16.012, 67.16.014, 67.16.015, 67.16.017, and 67.16.040; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The children and family services advisory
committee shall consolidate region (2)(A) and region (6)(A) into a
single region by July 1, 2010. Duplicate services must be eliminated
as appropriate.
Sec. 2 RCW 43.121.050 and 1988 c 278 s 5 are each amended to read
as follows:
To carry out the purposes of this chapter and chapter 70.190 RCW,
the council may:
(1) Contract with public or private nonprofit organizations,
agencies, schools, or with qualified individuals for the establishment
of community-based educational and service programs designed to:
(a) Reduce the occurrence of child abuse and neglect; and
(b) Provide for parenting skills which include: Consistency in
parenting; providing children with positive discipline that provides
firm order without hurting children physically or emotionally; and
preserving and nurturing the family unit. Programs to provide these
parenting skills may include the following:
(i) Programs to teach positive methods of disciplining children;
(ii) Programs to educate parents about the physical, mental, and
emotional development of children;
(iii) Programs to enhance the skills of parents in providing for
their children's learning and development; and
(iv) Learning experiences for children and parents to help prepare
parents and children for the experiences in school. Contracts also may
be awarded for research programs related to primary and secondary
prevention of child abuse and neglect, and to develop and strengthen
community child abuse and neglect prevention networks. Each contract
entered into by the council shall contain a provision for the
evaluation of services provided under the contract. Contracts for
services to prevent child abuse and child neglect shall be awarded as
demonstration projects with continuation based upon goal attainment.
Contracts for services to prevent child abuse and child neglect shall
be awarded on the basis of probability of success based in part upon
sound research data.
(2) Facilitate the exchange of information between groups concerned
with families and children.
(3) Consult with applicable state agencies, commissions, and boards
to help determine the probable effectiveness, fiscal soundness, and
need for proposed educational and service programs for the prevention
of child abuse and neglect.
(4) Establish fee schedules to provide for the recipients of
services to reimburse the state general fund for the cost of services
received.
(5) Adopt its own bylaws.
(6) Adopt rules under chapter 34.05 RCW as necessary to carry out
the purposes of this chapter and chapter 70.190 RCW.
NEW SECTION. Sec. 3 A new section is added to chapter 43.121 RCW
to read as follows:
To the extent that any power or duty of the council may duplicate
efforts of existing councils, commissions, advisory committees, or
other entities, the governor is authorized to take necessary actions to
eliminate such duplication, which includes the authority to consolidate
similar councils or activities in a manner consistent with the goals of
this chapter.
Sec. 4 RCW 70.190.010 and 1996 c 132 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) "Administrative costs" means the costs associated with
procurement; payroll processing; personnel functions; management;
maintenance and operation of space and property; data processing and
computer services; accounting; budgeting; auditing; indirect costs; and
organizational planning, consultation, coordination, and training.
(2) "Assessment" has the same meaning as provided in RCW 43.70.010.
(3) "At-risk" children are children who engage in or are victims of
at-risk behaviors.
(4) "At-risk behaviors" means violent delinquent acts, teen
substance abuse, teen pregnancy and male parentage, teen suicide
attempts, dropping out of school, child abuse or neglect, and domestic
violence.
(5) "Community public health and safety networks" or "networks"
means the organizations authorized under RCW 70.190.060.
(6) "Comprehensive plan" means a two-year plan that examines
available resources and unmet needs for a county or multicounty area,
barriers that limit the effective use of resources, and a plan to
address these issues that is broadly supported by local residents.
(7) "Participating state agencies" means the office of the
superintendent of public instruction, the department of social and
health services, the department of health, the employment security
department, the department of community, trade, and economic
development, and such other departments as may be specifically
designated by the governor.
(8) (("Family policy council" or)) "Council" means the
((superintendent of public instruction, the secretary of social and
health services, the secretary of health, the commissioner of the
employment security department, and the director of the department of
community, trade, and economic development or their designees, one
legislator from each caucus of the senate and house of representatives,
and one representative of the governor)) council for children and
families.
(9) "Fiduciary interest" means (a) the right to compensation from
a health, educational, social service, or justice system organization
that receives public funds, or (b) budgetary or policy-making authority
for an organization listed in (a) of this subsection. A person who
acts solely in an advisory capacity and receives no compensation from
a health, educational, social service, or justice system organization,
and who has no budgetary or policy-making authority is deemed to have
no fiduciary interest in the organization.
(10) "Outcome" or "outcome based" means defined and measurable
outcomes used to evaluate progress in reducing the rate of at-risk
children and youth through reducing risk factors and increasing
protective factors.
(11) "Matching funds" means an amount no less than twenty-five
percent of the amount budgeted for a network. The network's matching
funds may be in-kind goods and services. Funding sources allowable for
match include appropriate federal or local levy funds, private
charitable funding, and other charitable giving. Basic education funds
shall not be used as a match. State general funds shall not be used as
a match for violence reduction and drug enforcement account funds
created under RCW 69.50.520.
(12) "Policy development" has the same meaning as provided in RCW
43.70.010.
(13) "Protective factors" means those factors determined by the
department of health to be empirically associated with behaviors that
contribute to socially acceptable and healthy nonviolent behaviors.
Protective factors include promulgation, identification, and acceptance
of community norms regarding appropriate behaviors in the area of
delinquency, early sexual activity, alcohol and substance abuse,
educational opportunities, employment opportunities, and absence of
crime.
(14) "Risk factors" means those factors determined by the
department of health to be empirically associated with at-risk
behaviors that contribute to violence.
Sec. 5 RCW 70.190.040 and 1993 c 336 s 901 are each amended to
read as follows:
(1) The legislature finds that helping children to arrive at school
ready to learn is an important part of improving student learning.
(2) To the extent funds are appropriated, the ((family policy))
council shall award grants to community-based consortiums that submit
comprehensive plans that include strategies to improve readiness to
learn.
Sec. 6 RCW 70.190.100 and 1998 c 245 s 123 are each amended to
read as follows:
The ((family policy)) council shall:
(1) Establish network boundaries no later than July 1, 1994. There
is a presumption that no county may be divided between two or more
community networks and no network shall have fewer than forty thousand
population. When approving multicounty networks, considering dividing
a county between networks, or creating a network with a population of
less than forty thousand, the council must consider: (a) Common
economic, geographic, and social interests; (b) historical and existing
shared governance; and (c) the size and location of population centers.
Individuals and groups within any area shall be given ample opportunity
to propose network boundaries in a manner designed to assure full
consideration of their expressed wishes;
(2) Develop a technical assistance and training program to assist
communities in creating and developing community networks and
comprehensive plans;
(3) Approve the structure, purpose, goals, plan, and performance
measurements of each community network;
(4) Identify all prevention and early intervention programs and
funds, including all programs funded under RCW 69.50.520, in addition
to the programs set forth in RCW 70.190.110, which could be
transferred, in all or part, to the community networks, and report
their findings and recommendations to the governor and the legislature
regarding any appropriate program transfers by January 1 of each year;
(5) Reward community networks that show exceptional success as
provided in RCW 43.41.195;
(6) Seek every opportunity to maximize federal and other funding
that is consistent with the plans approved by the council for the
purpose and goals of this chapter;
(7) Review the state-funded out-of-home placement rate before the
end of each contract to determine whether the region has sufficiently
reduced the rate. If the council determines that there has not been a
sufficient reduction in the rate, it may reduce the immediately
succeeding grant to the network;
(8)(a) The council shall monitor the implementation of programs
contracted by participating state agencies by reviewing periodic
reports on the extent to which services were delivered to intended
populations, the quality of services, and the extent to which service
outcomes were achieved at the conclusion of service interventions.
This monitoring shall include provision for periodic feedback to
community networks;
(b) The legislature intends that this monitoring be used by the
Washington state institute for public policy, together with public
health data on at-risk behaviors and risk and protective factors, to
produce an external evaluation of the effectiveness of the networks and
their programs. For this reason, and to conserve public funds, the
council shall not conduct or contract for the conduct of control group
studies, quasi-experimental design studies, or other analysis efforts
to attempt to determine the impact of network programs on at-risk
behaviors or risk and protective factors; and
(9) Review the implementation of chapter 7, Laws of 1994 sp. sess.
The report shall use measurable performance standards to evaluate the
implementation.
NEW SECTION. Sec. 7 RCW 70.190.020 (Consolidate efforts of
existing entities) and 1994 sp.s. c 7 s 315 & 1992 c 198 s 4 are each
repealed.
NEW SECTION. Sec. 8 The traumatic brain injury grant advisory
board must be dissolved by July 1, 2010. The traumatic brain injury
council shall assume all duties and powers of the traumatic brain
injury grant advisory board necessary to retain any federal grants.
Sec. 9 RCW 43.60A.010 and 2006 c 343 s 2 are each amended to read
as follows:
As used in this chapter the following words and phrases shall have
the following meanings unless the context clearly requires otherwise:
(1) "Department" means the department of veterans affairs.
(2) "Director" means the director of the department of veterans
affairs.
(3) "Committee" means the veterans affairs advisory committee.
(((4) "Board" means the veterans innovations program board.))
Sec. 10 RCW 43.60A.080 and 1995 c 25 s 1 are each amended to read
as follows:
(1) There is hereby created a veterans affairs advisory committee
which shall serve in an advisory capacity to the governor and the
director of the department of veterans affairs. The committee shall be
composed of seventeen members to be appointed by the governor, and
shall consist of the following:
(a) One representative of the Washington soldiers' home and colony
at Orting and one representative of the Washington veterans' home at
Retsil. Each home's resident council may nominate up to three
individuals whose names are to be forwarded by the director to the
governor. In making the appointments, the governor shall consider
these recommendations or request additional nominations.
(b) One representative each from the three congressionally
chartered or nationally recognized veterans service organizations as
listed in the current "Directory of Veterans Service Organizations"
published by the United States department of veterans affairs with the
largest number of active members in the state of Washington as
determined by the director. The organizations' state commanders may
each submit a list of three names to be forwarded to the governor by
the director. In making the appointments, the governor shall consider
these recommendations or request additional nominations.
(c) Ten members shall be chosen to represent those congressionally
chartered or nationally recognized veterans service organizations
listed in the directory under (b) of this subsection and having at
least one active chapter within the state of Washington. Up to three
nominations may be forwarded from each organization to the governor by
the director. In making the appointments, the governor shall consider
these recommendations or request additional nominations.
(d) Two members shall be veterans at large. Any individual or
organization may nominate a veteran for an at-large position.
Organizational affiliation shall not be a prerequisite for nomination
or appointment. All nominations for the at-large positions shall be
forwarded by the director to the governor.
(e) No organization shall have more than one official
representative on the committee at any one time.
(f) In making appointments to the committee, care shall be taken to
ensure that members represent all geographical portions of the state
and minority viewpoints, and that the issues and views of concern to
women veterans are represented.
(2) All members shall have terms of four years. In the case of a
vacancy, appointment shall be only for the remainder of the unexpired
term for which the vacancy occurs. No member may serve more than two
consecutive terms, with vacancy appointments to an unexpired term not
considered as a term. Members appointed before June 11, 1992, shall
continue to serve until the expiration of their current terms; and
then, subject to the conditions contained in this section, are eligible
for reappointment.
(3) The committee shall adopt an order of business for conducting
its meetings.
(4) The committee shall have the following powers and duties:
(a) To serve in an advisory capacity to the governor and the
director on matters pertaining to the department of veterans affairs;
(b) To acquaint themselves fully with the operations of the
department and recommend such changes to the governor and the director
as they deem advisable; and
(c) To exercise the powers granted under RCW 43.60A.160 through
43.60A.185 related to the competitive grant program.
(5) Members of the committee shall receive no compensation for the
performance of their duties but shall receive a per diem allowance and
mileage expense according to the provisions of chapter 43.03 RCW.
NEW SECTION. Sec. 11 The following acts or parts of acts are
each repealed:
(1) RCW 43.60A.170 (Competitive grant program -- Veterans innovations
program board -- Travel expenses) and 2006 c 343 s 5;
(2) RCW 43.131.405 (Veterans innovations program -- Termination) and
2006 c 343 s 10; and
(3) RCW 43.131.406 (Veterans innovations program -- Repeal) and 2006
c 343 s 11.
NEW SECTION. Sec. 12 All boards, committees, and councils
related to developmental disabilities created under RCW 43.20A.350 and
43.20A.360 must be consolidated into a single state advisory committee
on developmental disabilities by June 1, 2010.
NEW SECTION. Sec. 13 A Washington state commission on minority
affairs is established in the office of the governor.
NEW SECTION. Sec. 14 (1) The commission must consist of twelve
members appointed by the governor. In making such appointments, the
governor shall give due consideration to recommendations submitted to
the governor by the commission. The governor may also consider
nominations of members made by the various organizations in the state.
The governor shall consider nominations for membership based upon
maintaining a balanced distribution of ethnic, geographic, sex, age,
and occupational representation, where practicable.
(2) Appointments must be for three years except in the case of a
vacancy, in which event the appointment must be only for the remainder
of the unexpired term for which the vacancy occurs. Vacancies must be
filled in the same manner as the original appointments.
(3) Members must receive reimbursement for travel expenses incurred
in the performance of their duties in accordance with RCW 43.03.050 and
43.03.060.
(4) Seven members constitute a quorum for the purpose of conducting
business.
(5) The governor shall appoint an executive director.
NEW SECTION. Sec. 15 The commission shall:
(1) Elect one of its members to serve as chair and other officers
as necessary to form an executive committee;
(2) Adopt rules in accordance with chapter 34.05 RCW; and
(3) Meet at the call of the chair or the call of a majority of its
members, but no less often than once during any three-month period.
The commission may appoint a citizen task force as it deems
appropriate.
NEW SECTION. Sec. 16 The executive director shall employ a staff
to consist of state employees pursuant to Title 41 RCW and prescribe
their duties as may be necessary to implement the purposes of this
chapter.
NEW SECTION. Sec. 17 (1) The commission shall examine and define
issues pertaining to the rights and needs of minorities, and make
recommendations to the governor and state agencies with respect to
desirable changes in program and law.
(2) The commission shall advise state governmental agencies on the
development and implementation of comprehensive and coordinated
policies, plans, and programs focusing on the special problems and
needs of minorities.
(3) The commission shall coordinate and assist with statewide
celebrations that recognize the contributions to the state by
minorities in the arts, the sciences, commerce, and education.
(4) Each state department and agency shall provide appropriate and
reasonable assistance to the commission as needed in order that the
commission may carry out the purposes of this chapter.
NEW SECTION. Sec. 18 In carrying out its duties, the commission
may establish relationships with local governments and private industry
that may be needed to promote equal opportunity and benefits to
minorities in government, education, economic development, employment,
and services.
NEW SECTION. Sec. 19 (1) The commission may, for the purpose of
carrying out the purposes of this chapter, hold public hearings, sit
and act at times and places, take testimony, and receive evidence as it
deems advisable. The commission may administer oaths or affirmations
to witnesses appearing before it. At least five members of the
commission must be present to conduct a hearing.
(2) The commission may secure directly from any state department or
agency information necessary to enable it to carry out the purposes of
this chapter. Upon request of the chair of the commission, the head of
the department or agency shall furnish the information to the
commission.
NEW SECTION. Sec. 20 The commission may receive gifts, grants,
and endowments from public or private sources that may be made from
time to time in trust or otherwise for the use and benefit of the
purposes of the commission and to expend the same or any income
therefrom according to the terms of the gifts, grants, or endowments.
NEW SECTION. Sec. 21 The legislature declares that:
(1) The month of May each year is known as Asian Pacific American
heritage month;
(2) The fourth week of May is designated as a time for people of
this state to celebrate the contributions to the state by Asian Pacific
Americans in the arts, the sciences, commerce, and education; and
(3) Educational institutions, public entities, and private
organizations are encouraged to designate time for appropriate
activities in commemoration of the lives, history, achievements, and
contributions of Asian Pacific Americans.
NEW SECTION. Sec. 22 In carrying out its duties, the commission
may establish relationships with local governments and private industry
that may be needed to promote equal opportunity for minorities in
government, education, and employment.
NEW SECTION. Sec. 23 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 24 Sections 13 through 23 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 25 The following acts or parts of acts are
each repealed:
(1) RCW 43.113.005 (Legislative declaration) and 1992 c 96 s 1;
(2) RCW 43.113.010 (Commission created) and 1992 c 96 s 2;
(3) RCW 43.113.020 (Membership -- Terms -- Vacancies -- Quorum -- Expenses)
and 1992 c 96 s 3;
(4) RCW 43.113.030 (Powers and duties) and 1992 c 96 s 4;
(5) RCW 43.115.010 (Legislative declaration) and 1993 c 261 s 1,
1987 c 249 s 1, & 1971 ex.s. c 34 s 1;
(6) RCW 43.115.020 (Commission created) and 1987 c 249 s 2 & 1971
ex.s. c 34 s 2;
(7) RCW 43.115.030 (Membership -- Terms -- Vacancies -- Travel expenses--Quorum) and 1993 c 261 s 2, 1987 c 249 s 3, 1981 c 338 s 15, 1975-'76
2nd ex.s. c 34 s 130, & 1971 ex.s. c 34 s 3;
(8) RCW 43.115.040 (Officers and employees -- Rules and regulations)
and 1993 c 261 s 3, 1987 c 249 s 4, & 1971 ex.s. c 34 s 4;
(9) RCW 43.115.045 (Executive director) and 1993 c 261 s 4;
(10) RCW 43.115.060 (Relationships with local government and
private industry) and 1987 c 249 s 6 & 1971 ex.s. c 34 s 6;
(11) RCW 43.115.900 (Severability -- 1971 ex.s. c 34) and 1971 ex.s.
c 34 s 7;
(12) RCW 43.117.010 (Legislative declaration) and 2000 c 236 s 1,
1995 c 67 s 2, 1983 c 119 s 1, & 1974 ex.s. c 140 s 1;
(13) RCW 43.117.020 (Definitions) and 1995 c 67 s 3 & 1974 ex.s. c
140 s 2;
(14) RCW 43.117.030 (Commission established) and 1995 c 67 s 4 &
1974 ex.s. c 140 s 3;
(15) RCW 43.117.040 (Membership -- Terms -- Vacancies -- Travel
expenses -- Quorum -- Executive director) and 1982 c 68 s 1, 1981 c 338 s
16, 1975-'76 2nd ex.s. c 34 s 131, & 1974 ex.s. c 140 s 4;
(16) RCW 43.117.050 (Officers -- Rules and regulations -- Meetings) and
1974 ex.s. c 140 s 5;
(17) RCW 43.117.060 (Staff) and 1974 ex.s. c 140 s 6;
(18) RCW 43.117.070 (Duties of commission -- State agencies to give
assistance) and 2007 c 19 s 3, 2000 c 236 s 3, 1995 c 67 s 5, & 1974
ex.s. c 140 s 7;
(19) RCW 43.117.080 (Promotion of equal opportunity and benefits)
and 1995 c 67 s 6 & 1974 ex.s. c 140 s 8;
(20) RCW 43.117.090 (Hearings -- Information to be furnished to
commission) and 1974 ex.s. c 140 s 9;
(21) RCW 43.117.100 (Gifts, grants and endowments -- Receipt and
expenditure) and 1974 ex.s. c 140 s 10;
(22) RCW 43.117.110 (Asian Pacific American heritage month) and
2000 c 236 s 2; and
(23) RCW 43.117.900 (Severability -- 1974 ex.s. c 140) and 1974 ex.s.
c 140 s 11.
Sec. 26 RCW 2.56.030 and 2008 c 291 s 4 and 2008 c 279 s 3 are
each reenacted and amended to read as follows:
The administrator for the courts shall, under the supervision and
direction of the chief justice:
(1) Examine the administrative methods and systems employed in the
offices of the judges, clerks, stenographers, and employees of the
courts and make recommendations, through the chief justice, for the
improvement of the same;
(2) Examine the state of the dockets of the courts and determine
the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the
assignment of judges where courts are in need of assistance and carry
out the direction of the chief justice as to the assignments of judges
to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports
of the business transacted by the courts and transmit the same to the
chief justice to the end that proper action may be taken in respect
thereto;
(5) Prepare and submit budget estimates of state appropriations
necessary for the maintenance and operation of the judicial system and
make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to
the expenditure of public moneys, state and local, for the maintenance
and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or
rules adopted by the supreme court of this state on cases and other
judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to
supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW
2.56.060;
(9) Submit annually, as of February 1st, to the chief justice, a
report of the activities of the administrator's office for the
preceding calendar year including activities related to courthouse
security;
(10) Administer programs and standards for the training and
education of judicial personnel;
(11) Examine the need for new superior court and district court
judge positions under an objective workload analysis. The results of
the objective workload analysis shall be reviewed by the board for
judicial administration which shall make recommendations to the
legislature. It is the intent of the legislature that an objective
workload analysis become the basis for creating additional district and
superior court positions, and recommendations should address that
objective;
(12) Provide staff to the judicial retirement account plan under
chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme
court of this state;
(14) Within available funds, develop a curriculum for a general
understanding of child development, placement, and treatment resources,
as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules,
interviewing skills, and special needs of the abused or neglected
child. This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers and be
updated yearly to reflect changes in statutes, court rules, or case
law;
(15) Develop, in consultation with the entities set forth in RCW
2.56.150(3), a comprehensive statewide curriculum for persons who act
as guardians ad litem under Title 13 or 26 RCW. The curriculum shall
be made available July 1, 2008, and include specialty sections on child
development, child sexual abuse, child physical abuse, child neglect,
domestic violence, clinical and forensic investigative and interviewing
techniques, family reconciliation and mediation services, and relevant
statutory and legal requirements. The curriculum shall be made
available to all superior court judges, court personnel, and all
persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding of crimes of
malicious harassment, as well as specific legal skills and knowledge of
RCW 9A.36.080, relevant cases, court rules, and the special needs of
malicious harassment victims. This curriculum shall be made available
to all superior court and court of appeals judges and to all justices
of the supreme court;
(17) Develop, in consultation with the criminal justice training
commission and the ((commissions established under chapters 43.113,
43.115, and 43.117 RCW)) Washington state commission on minority
affairs established in section 13 of this act, a curriculum for a
general understanding of ethnic and cultural diversity and its
implications for working with youth of color and their families. The
curriculum shall be available to all superior court judges and court
commissioners assigned to juvenile court, and other court personnel.
Ethnic and cultural diversity training shall be provided annually so as
to incorporate cultural sensitivity and awareness into the daily
operation of juvenile courts statewide;
(18) Authorize the use of closed circuit television and other
electronic equipment in judicial proceedings. The administrator shall
promulgate necessary standards and procedures and shall provide
technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with
RCW 2.56.180;
(20) Administer state funds for improving the operation of the
courts and provide support for court coordinating councils, under the
direction of the board for judicial administration;
(21) Administer the family and juvenile court improvement grant
program;
(22)(a) Administer and distribute amounts appropriated from the
equal justice subaccount under RCW 43.08.250(2) for district court
judges' and qualifying elected municipal court judges' salary
contributions. The administrator for the courts shall develop a
distribution formula for these amounts that does not differentiate
between district and elected municipal court judges.
(b) A city qualifies for state contribution of elected municipal
court judges' salaries under (a) of this subsection if:
(i) The judge is serving in an elected position;
(ii) The city has established by ordinance that a full-time judge
is compensated at a rate equivalent to at least ninety-five percent,
but not more than one hundred percent, of a district court judge salary
or for a part-time judge on a pro rata basis the same equivalent; and
(iii) The city has certified to the office of the administrator for
the courts that the conditions in (b)(i) and (ii) of this subsection
have been met;
(23) Subject to the availability of funds specifically appropriated
therefor, assist courts in the development and implementation of
language assistance plans required under RCW 2.43.090.
Sec. 27 RCW 43.20.025 and 2006 c 239 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) "Commissions" means the ((Washington state commission on
African-American affairs established in chapter 43.113 RCW, the
Washington state commission on Asian Pacific American affairs
established in chapter 43.117 RCW, the Washington state commission on
Hispanic affairs established in chapter 43.115 RCW,)) Washington state
commission on minority affairs established in section 13 of this act
and the governor's office of Indian affairs.
(2) "Consumer representative" means any person who is not an
elected official, who has no fiduciary obligation to a health facility
or other health agency, and who has no material financial interest in
the rendering of health services.
(3) "Council" means the governor's interagency coordinating council
on health disparities, convened according to this chapter.
(4) "Department" means the department of health.
(5) "Health disparities" means the difference in incidence,
prevalence, mortality, or burden of disease and other adverse health
conditions, including lack of access to proven health care services
that exists between specific population groups in Washington state.
(6) "Health impact review" means a review of a legislative or
budgetary proposal completed according to the terms of this chapter
that determines the extent to which the proposal improves or
exacerbates health disparities.
(7) "Secretary" means the secretary of health, or the secretary's
designee.
(8) "Local health board" means a health board created pursuant to
chapter 70.05, 70.08, or 70.46 RCW.
(9) "Local health officer" means the legally qualified physician
appointed as a health officer pursuant to chapter 70.05, 70.08, or
70.46 RCW.
(10) "Social determinants of health" means those elements of social
structure most closely shown to affect health and illness, including at
a minimum, early learning, education, socioeconomic standing, safe
housing, gender, incidence of violence, convenient and affordable
access to safe opportunities for physical activity, healthy diet, and
appropriate health care services.
(11) "State board" means the state board of health created under
this chapter ((43.20 RCW)).
Sec. 28 RCW 43.101.280 and 2005 c 282 s 46 are each amended to
read as follows:
The criminal justice training commission shall develop, in
consultation with the administrative office of the courts and the
((commissions established under chapters 43.113, 43.115, and 43.117
RCW)) Washington state commission on minority affairs established in
section 13 of this act, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working with
youth of color and their families. The curriculum shall be developed
by October 1, 1993. The commission shall ensure that ethnic and
diversity training becomes an integral part of the training of law
enforcement personnel so as to incorporate cultural sensitivity and
awareness into the daily activities of law enforcement personnel.
Sec. 29 RCW 18.210.070 and 1999 c 263 s 8 are each amended to
read as follows:
The advisory committee shall make recommendations to the board
regarding:
(1) Development and adoption of rules to implement this chapter
including, but not limited to, evaluation of experience, examinations,
and scope and standards of practice;
(2) Development of the material content of examinations for
licensure or for a certificate of competency under this chapter;
(3) Review of complaints and investigations pertaining to the
practice of the design of on-site wastewater treatment systems; ((and))
(4) Technical guidelines and standards to keep pace with advancing
technologies; and
(5) Any other duties deemed necessary by the director or the board.
NEW SECTION. Sec. 30 RCW 70.118.100 (Alternative systems--Technical review committee) and 1997 c 447 s 3 are each repealed.
Sec. 31 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. 32 The on-site wastewater policy advisory
committee named in WAC 246-272A-0410 must be dissolved by June 1, 2010.
All powers, duties, or functions that the department of health
reasonably determines are necessary must be assigned to the advisory
committee named in RCW 18.210.070.
NEW SECTION. Sec. 33 The HIV early intervention program steering
committee must be dissolved by July 1, 2010. The HIV/AIDS education
program review panel must assume all duties and powers of the HIV early
intervention program steering committee necessary to retain any federal
grants.
NEW SECTION. Sec. 34 The HIV policy collaborative must be
dissolved by July 1, 2010. The HIV/AIDS education program review panel
must assume all duties and powers of the HIV policy collaborative
necessary to retain any federal grants.
Sec. 35 RCW 9.46.070 and 2007 c 206 s 1 are each amended to read
as follows:
The commission shall have the following powers and duties:
(1) To authorize and issue licenses for a period not to exceed one
year to bona fide charitable or nonprofit organizations approved by the
commission meeting the requirements of this chapter and any rules and
regulations adopted pursuant thereto permitting said organizations to
conduct bingo games, raffles, amusement games, and social card games,
to utilize punchboards and pull-tabs in accordance with the provisions
of this chapter and any rules and regulations adopted pursuant thereto
and to revoke or suspend said licenses for violation of any provisions
of this chapter or any rules and regulations adopted pursuant thereto:
PROVIDED, That the commission shall not deny a license to an otherwise
qualified applicant in an effort to limit the number of licenses to be
issued: PROVIDED FURTHER, That the commission or director shall not
issue, deny, suspend, or revoke any license because of considerations
of race, sex, creed, color, or national origin: AND PROVIDED FURTHER,
That the commission may authorize the director to temporarily issue or
suspend licenses subject to final action by the commission;
(2) To license, regulate, and supervise all race meets held in this
state under the terms of this chapter and chapter 67.16 RCW, and to
cause the various race courses of the state to be visited and inspected
at least once a year;
(3) To authorize and issue licenses for a period not to exceed one
year to any person, association, or organization operating a business
primarily engaged in the selling of items of food or drink for
consumption on the premises, approved by the commission meeting the
requirements of this chapter and any rules and regulations adopted
pursuant thereto permitting said person, association, or organization
to utilize punchboards and pull-tabs and to conduct social card games
as a commercial stimulant in accordance with the provisions of this
chapter and any rules and regulations adopted pursuant thereto and to
revoke or suspend said licenses for violation of any provisions of this
chapter and any rules and regulations adopted pursuant thereto:
PROVIDED, That the commission shall not deny a license to an otherwise
qualified applicant in an effort to limit the number of licenses to be
issued: PROVIDED FURTHER, That the commission may authorize the
director to temporarily issue or suspend licenses subject to final
action by the commission;
(((3))) (4) To authorize and issue licenses for a period not to
exceed one year to any person, association, or organization approved by
the commission meeting the requirements of this chapter and meeting the
requirements of any rules and regulations adopted by the commission
pursuant to this chapter as now or hereafter amended, permitting said
person, association, or organization to conduct or operate amusement
games in such manner and at such locations as the commission may
determine. The commission may authorize the director to temporarily
issue or suspend licenses subject to final action by the commission;
(((4))) (5) To authorize, require, and issue, for a period not to
exceed one year, such licenses as the commission may by rule provide,
to any person, association, or organization to engage in the selling,
distributing, or otherwise supplying or in the manufacturing of devices
for use within this state for those activities authorized by this
chapter. The commission may authorize the director to temporarily
issue or suspend licenses subject to final action by the commission;
(((5))) (6) To establish a schedule of annual license fees for
carrying on specific gambling activities upon the premises, and for
such other activities as may be licensed by the commission, which fees
shall provide to the commission not less than an amount of money
adequate to cover all costs incurred by the commission relative to
licensing under this chapter and the enforcement by the commission of
the provisions of this chapter and rules and regulations adopted
pursuant thereto: PROVIDED, That all licensing fees shall be submitted
with an application therefor and such portion of said fee as the
commission may determine, based upon its cost of processing and
investigation, shall be retained by the commission upon the withdrawal
or denial of any such license application as its reasonable expense for
processing the application and investigation into the granting thereof:
PROVIDED FURTHER, That if in a particular case the basic license fee
established by the commission for a particular class of license is less
than the commission's actual expenses to investigate that particular
application, the commission may at any time charge to that applicant
such additional fees as are necessary to pay the commission for those
costs. The commission may decline to proceed with its investigation
and no license shall be issued until the commission has been fully paid
therefor by the applicant: AND PROVIDED FURTHER, That the commission
may establish fees for the furnishing by it to licensees of
identification stamps to be affixed to such devices and equipment as
required by the commission and for such other special services or
programs required or offered by the commission, the amount of each of
these fees to be not less than is adequate to offset the cost to the
commission of the stamps and of administering their dispersal to
licensees or the cost of administering such other special services,
requirements or programs;
(((6))) (7) To prescribe the manner and method of payment of taxes,
fees and penalties to be paid to or collected by the commission;
(((7))) (8) To require that applications for all licenses contain
such information as may be required by the commission: PROVIDED, That
all persons (a) having a managerial or ownership interest in any
gambling activity, or the building in which any gambling activity
occurs, or the equipment to be used for any gambling activity, or (b)
participating as an employee in the operation of any gambling activity,
shall be listed on the application for the license and the applicant
shall certify on the application, under oath, that the persons named on
the application are all of the persons known to have an interest in any
gambling activity, building, or equipment by the person making such
application: PROVIDED FURTHER, That the commission shall require
fingerprinting and national criminal history background checks on any
persons seeking licenses, certifications, or permits under this chapter
or of any person holding an interest in any gambling activity,
building, or equipment to be used therefor, or of any person
participating as an employee in the operation of any gambling activity.
All national criminal history background checks shall be conducted
using fingerprints submitted to the United States department of
justice-federal bureau of investigation. The commission must establish
rules to delineate which persons named on the application are subject
to national criminal history background checks. In identifying these
persons, the commission must take into consideration the nature,
character, size, and scope of the gambling activities requested by the
persons making such applications;
(((8))) (9) To require that any license holder maintain records as
directed by the commission and submit such reports as the commission
may deem necessary;
(((9))) (10) To require that all income from bingo games, raffles,
and amusement games be recorded and reported as established by rule or
regulation of the commission to the extent deemed necessary by
considering the scope and character of the gambling activity in such a
manner that will disclose gross income from any gambling activity,
amounts received from each player, the nature and value of prizes, and
the fact of distributions of such prizes to the winners thereof;
(((10))) (11) To regulate and establish maximum limitations on
income derived from bingo. In establishing limitations pursuant to
this subsection the commission shall take into account (a) the nature,
character, and scope of the activities of the licensee; (b) the source
of all other income of the licensee; and (c) the percentage or extent
to which income derived from bingo is used for charitable, as
distinguished from nonprofit, purposes. However, the commission's
powers and duties granted by this subsection are discretionary and not
mandatory;
(((11))) (12) To regulate and establish the type and scope of and
manner of conducting the gambling activities authorized by this
chapter, including but not limited to, the extent of wager, money, or
other thing of value which may be wagered or contributed or won by a
player in any such activities;
(((12))) (13) To regulate the collection of and the accounting for
the fee which may be imposed by an organization, corporation, or person
licensed to conduct a social card game on a person desiring to become
a player in a social card game in accordance with RCW 9.46.0282;
(((13))) (14) To cooperate with and secure the cooperation of
county, city, and other local or state agencies in investigating any
matter within the scope of its duties and responsibilities;
(((14))) (15) In accordance with RCW 9.46.080, to adopt such rules
and regulations as are deemed necessary to carry out the purposes and
provisions of this chapter. All rules and regulations shall be adopted
pursuant to the administrative procedure act, chapter 34.05 RCW;
(((15))) (16) To set forth for the perusal of counties, city-counties, cities and towns, model ordinances by which any legislative
authority thereof may enter into the taxing of any gambling activity
authorized by this chapter;
(((16))) (17)(a) To establish and regulate a maximum limit on
salaries or wages which may be paid to persons employed in connection
with activities conducted by bona fide charitable or nonprofit
organizations and authorized by this chapter, where payment of such
persons is allowed, and to regulate and establish maximum limits for
other expenses in connection with such authorized activities, including
but not limited to rent or lease payments. However, the commissioner's
powers and duties granted by this subsection are discretionary and not
mandatory.
(b) In establishing these maximum limits the commission shall take
into account the amount of income received, or expected to be received,
from the class of activities to which the limits will apply and the
amount of money the games could generate for authorized charitable or
nonprofit purposes absent such expenses. The commission may also take
into account, in its discretion, other factors, including but not
limited to, the local prevailing wage scale and whether charitable
purposes are benefited by the activities;
(((17))) (18) To authorize, require, and issue for a period not to
exceed one year such licenses or permits, for which the commission may
by rule provide, to any person to work for any operator of any gambling
activity authorized by this chapter in connection with that activity,
or any manufacturer, supplier, or distributor of devices for those
activities in connection with such business. The commission may
authorize the director to temporarily issue or suspend licenses subject
to final action by the commission. The commission shall not require
that persons working solely as volunteers in an authorized activity
conducted by a bona fide charitable or bona fide nonprofit
organization, who receive no compensation of any kind for any purpose
from that organization, and who have no managerial or supervisory
responsibility in connection with that activity, be licensed to do such
work. The commission may require that licensees employing such
unlicensed volunteers submit to the commission periodically a list of
the names, addresses, and dates of birth of the volunteers. If any
volunteer is not approved by the commission, the commission may require
that the licensee not allow that person to work in connection with the
licensed activity;
(((18))) (19) To publish and make available at the office of the
commission or elsewhere to anyone requesting it a list of the
commission licensees, including the name, address, type of license, and
license number of each licensee;
(((19))) (20) To establish guidelines for determining what
constitutes active membership in bona fide nonprofit or charitable
organizations for the purposes of this chapter;
(((20))) (21) To renew the license of every person who applies for
renewal within six months after being honorably discharged, removed, or
released from active military service in the armed forces of the United
States upon payment of the renewal fee applicable to the license
period, if there is no cause for denial, suspension, or revocation of
the license; and
(((21))) (22) To perform all other matters and things necessary to
carry out the purposes and provisions of this chapter.
Sec. 36 RCW 67.16.010 and 2004 c 246 s 5 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Commission" shall mean the Washington ((horse racing)) state
gambling commission((, hereinafter created)).
(2) "Parimutuel machine" shall mean and include both machines at
the track and machines at the satellite locations, that record
parimutuel bets and compute the payoff.
(3) "Person" shall mean and include individuals, firms,
corporations and associations.
(4) "Race meet" shall mean and include any exhibition of
thoroughbred, quarter horse, paint horse, appaloosa horse racing,
arabian horse racing, or standard bred harness horse racing, where the
parimutuel system is used.
NEW SECTION. Sec. 37 The following acts or parts of acts are
each repealed:
(1) RCW 67.16.012 (Washington horse racing commission -- Creation--Terms -- Vacancies -- Bonds -- Oaths) and 1998 c 345 s 4, 1987 c 453 s 2,
1973 1st ex.s. c 216 s 1, 1969 ex.s. c 233 s 1, & 1933 c 55 s 2;
(2) RCW 67.16.014 (Washington horse racing commission -- Ex officio
nonvoting members) and 1991 c 270 s 2 & 1987 c 453 s 3;
(3) RCW 67.16.015 (Washington horse racing commission--Organization -- Secretary -- Records -- Annual reports) and 1977 c 75 s 80 &
1933 c 55 s 3; and
(4) RCW 67.16.017 (Washington horse racing commission -- Compensation
and travel expenses) and 1984 c 287 s 100, 1975-'76 2nd ex.s. c 34 s
155, & 1969 ex.s. c 233 s 2.
Sec. 38 RCW 67.16.020 and 2000 c 86 s 5 are each amended to read
as follows:
(1) It shall be the duty of the commission((, as soon as it is
possible after its organization,)) to prepare and promulgate a complete
set of rules and regulations to govern the race meets in this state.
It shall determine and announce the place, time and duration of race
meets for which license fees are exacted; and it shall be the duty of
each person holding a license under the authority of this chapter, and
every owner, trainer, jockey, and attendant at any race course in this
state, to comply with all rules and regulations promulgated and all
orders issued by the commission. It shall be unlawful for any person
to hold any race meet without having first obtained and having in force
and effect a license issued by the commission as in this chapter
provided; and it shall be unlawful for any owner, trainer or jockey to
participate in race meets in this state without first securing a
license therefor from the ((state racing)) commission, the fee for
which shall be set by the commission which shall offset the cost of
administration and shall not be for a period exceeding one year.
(2) The commission shall immediately suspend the license of a
person who has been certified under RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a
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 shall be automatic upon the department's
receipt of a release issued by the department of social and health
services stating that the licensee is in compliance with the 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.
NEW SECTION. Sec. 39 RCW 67.16.040 (Commission to regulate and
license meets -- Inspection) and 1933 c 55 s 5 are each repealed.
Sec. 40 RCW 67.16.101 and 2006 c 174 s 2 are each amended to read
as follows:
The legislature finds that:
(1) A primary responsibility of the horse racing commission is the
encouragement of the training and development of the equine industry in
the state of Washington whether the result of this training and
development results in legalized horse racing or in the recreational
use of horses;
(2) The ((horse racing)) commission has a further major
responsibility to assure that any facility used as a race course should
be maintained and upgraded to insure the continued safety of both the
public and the horse at any time the facility is used for the training
or contesting of these animals;
(3) Nonprofit race meets within the state have difficulty in
obtaining sufficient funds to provide the maintenance and upgrading
necessary to assure this safety at these facilities, or to permit
frequent use of these facilities by 4-H children or other horse owners
involved in training; and
(4) The one percent of the parimutuel machine gross receipts used
to pay a special purse to the licensed owners of Washington bred horses
is available for the purpose of drawing interest, thereby obtaining
funds to be disbursed to achieve the necessary support to these
nonprofit race meets.
Sec. 41 RCW 67.16.102 and 2004 c 246 s 6 are each amended to read
as follows:
(1) Notwithstanding any other provision of chapter 67.16 RCW to the
contrary the licensee shall withhold and shall pay daily to the
commission, in addition to the percentages authorized by RCW 67.16.105,
one percent of the gross receipts of all parimutuel machines at each
race meet which sums shall, at the end of each meet, be paid by the
commission to the licensed owners of those horses finishing first,
second, third and fourth Washington bred only at each meet from which
the additional one percent is derived in accordance with an equitable
distribution formula to be promulgated by the commission prior to the
commencement of each race meet: PROVIDED, That nothing in this section
shall apply to race meets which are nonprofit in nature, are of ten
days or less, and have an average daily handle of less than one hundred
twenty thousand dollars.
(2) The additional one percent specified in subsection (1) of this
section shall be deposited by the commission in the ((Washington horse
racing)) gambling commission Washington bred owners' bonus fund account
created in RCW 67.16.275. The interest derived from this account shall
be distributed annually on an equal basis to those race courses at
which independent race meets are held which are nonprofit in nature and
are of ten days or less. Prior to receiving a payment under this
subsection any new race course shall meet the qualifications set forth
in this section for a period of two years. All funds distributed under
this subsection shall be used for the purpose of maintaining and
upgrading the respective racing courses and equine quartering areas of
said nonprofit meets.
(3) The commission shall not permit the licensees to take into
consideration the benefits derived from this section in establishing
purses.
(4) The commission is authorized to pay at the end of the calendar
year one-half of the one percent collected from a new licensee under
subsection (1) of this section for reimbursement of capital
construction of that new licensee's new race track for a period of
fifteen years. This reimbursement does not include interest earned on
that one-half of one percent and such interest shall continue to be
collected and disbursed as provided in RCW 67.16.101 and subsection (1)
of this section.
Sec. 42 RCW 67.16.105 and 2004 c 246 s 7 are each amended to read
as follows:
(1) Licensees of race meets that are nonprofit in nature and are of
ten days or less shall be exempt from payment of a parimutuel tax.
(2) Licensees that do not fall under subsection (1) of this section
shall withhold and pay to the commission daily for each authorized day
of parimutuel wagering the following applicable percentage of all daily
gross receipts from its in-state parimutuel machines:
(a) If the gross receipts of all its in-state parimutuel machines
are more than fifty million dollars in the previous calendar year, the
licensee shall withhold and pay to the commission daily 1.30 percent of
the daily gross receipts; and
(b) If the gross receipts of all its in-state parimutuel machines
are fifty million dollars or less in the previous calendar year, the
licensee shall withhold and pay to the commission daily 1.803 percent
of the daily gross receipts.
(3) In addition to those amounts in subsection (2) of this section,
a licensee shall forward one-tenth of one percent of the daily gross
receipts of all its in-state parimutuel machines to the commission for
payment to those nonprofit race meets as set forth in RCW 67.16.130 and
subsection (1) of this section, but said percentage shall not be
charged against the licensee. Payments to nonprofit race meets under
this subsection shall be distributed on a pro rata per-race-day basis
and used only for purses at race tracks that have been operating under
RCW 67.16.130 and subsection (1) of this section for the five
consecutive years immediately preceding the year of payment. The
commission shall transfer funds generated under subsection (2) of this
section equal to the difference between:
(a)(i) Funds collected under this subsection (3);
(ii) Interest earned from the Washington ((horse racing)) gambling
commission horse racing operating account created in RCW 67.16.280; and
(iii) Fines imposed by the board of stewards in a calendar year;
and
(b) Three hundred thousand dollars;
and distribute that amount under this subsection (3).
(4) Beginning July 1, 1999, at the conclusion of each authorized
race meet, the commission shall calculate the mathematical average
daily gross receipts of parimutuel wagering that is conducted only at
the physical location of the live race meet at those race meets of
licensees with gross receipts of all their in-state parimutuel machines
of more than fifty million dollars. Such calculation shall include
only the gross parimutuel receipts from wagering occurring on live
racing dates, including live racing receipts and receipts derived from
one simulcast race card that is conducted only at the physical location
of the live racing meet, which, for the purposes of this subsection, is
"the handle." If the calculation exceeds eight hundred eighty-six
thousand dollars, the licensee shall within ten days of receipt of
written notification by the commission forward to the commission a sum
equal to the product obtained by multiplying 0.6 percent by the handle.
Sums collected by the commission under this subsection shall be
forwarded on the next business day following receipt thereof to the
state treasurer to be deposited in the fair fund created in RCW
15.76.115.
Sec. 43 RCW 67.16.130 and 1991 c 270 s 7 are each amended to read
as follows:
(1) Notwithstanding any other provision of law or of chapter 67.16
RCW, the commission may license race meets which are nonprofit in
nature, of ten days or less, and which have an average daily handle of
one hundred twenty thousand dollars or less, at a daily licensing fee
of ten dollars, and the sponsoring nonprofit association shall be
exempt from any other fees as provided for in chapter 67.16 RCW or by
rule or regulation of the commission: PROVIDED, That the commission
may deny the application for a license to conduct a racing meet by a
nonprofit association, if same shall be determined not to be a
nonprofit association by the ((Washington state racing)) commission.
(2) Notwithstanding any other provision of law or of chapter 67.16
RCW or any rule promulgated by the commission, no license for a race
meet which is nonprofit in nature, of ten days or less, and which has
an average daily handle of one hundred twenty thousand dollars or less,
shall be denied for the reason that the applicant has not installed an
electric parimutuel tote board.
(3) As a condition to the reduction in fees as provided for in
subsection (1) of this section, all fees charged to horse owners,
trainers, or jockeys, or any other fee charged for a permit incident to
the running of such race meet shall be retained by the commission as
reimbursement for its expenses incurred in connection with the
particular race meet.
Sec. 44 RCW 67.16.140 and 1973 1st ex.s. c 216 s 3 are each
amended to read as follows:
No employee of the ((horse racing)) commission shall serve as an
employee of any track at which that individual will also serve as an
employee of the commission.
Sec. 45 RCW 67.16.150 and 1973 1st ex.s. c 216 s 4 are each
amended to read as follows:
No employee nor any commissioner of the ((horse racing)) commission
shall have any financial interest whatsoever, other than an ownership
interest in a community venture, in any track at which said employee
serves as an agent or employee of the commission or at any track with
respect to a commissioner.
Sec. 46 RCW 67.16.160 and 2004 c 274 s 3 are each amended to read
as follows:
((No later than ninety days after July 16, 1973, the horse racing))
The commission shall adopt, pursuant to chapter 34.05 RCW, reasonable
rules implementing to the extent applicable to the circumstances of the
((horse racing)) commission the conflict of interest laws of the state
of Washington as set forth in chapter 42.52 RCW. In no case may a
commissioner make any wager on the outcome of a horse race at a race
meet conducted under the authority of the commission.
Sec. 47 RCW 67.16.260 and 2007 c 209 s 1 are each amended to read
as follows:
(1) The ((horse racing)) commission may authorize advance deposit
wagering to be conducted by:
(a) A licensed class 1 racing association operating a live horse
racing facility; or
(b) The operator of an advance deposit wagering system accepting
wagers pursuant to an agreement with a licensed class 1 racing
association. The agreement between the operator and the class 1 racing
association must be approved by the commission.
(2) An entity authorized to conduct advance deposit wagering under
subsection (1) of this section:
(a) May accept advance deposit wagering for races conducted in this
state under a class 1 license or races not conducted within this state
on a schedule approved by the class 1 licensee. A system of advance
deposit wagering located outside or within this state may not accept
wagers from residents or other individuals located within this state,
and residents or other individuals located within this state are
prohibited from placing wagers through advance deposit wagering
systems, except with an entity authorized to conduct advance deposit
wagering under subsection (1) of this section;
(b) May not accept an account wager in an amount in excess of the
funds on deposit in the advance deposit wagering account of the
individual placing the wager;
(c) May not allow individuals under the age of twenty-one to open,
own, or have access to an advance deposit wagering account;
(d) Must include a statement in all forms of advertising for
advance deposit wagering that individuals under the age of twenty-one
are not allowed to open, own, or have access to an advance deposit
wagering account; and
(e) Must verify the identification, residence, and age of the
advance deposit wagering account holder using methods and technologies
approved by the commission.
(3) As used in this section, "advance deposit wagering" means a
form of parimutuel wagering in which an individual deposits money in an
account with an entity authorized by the commission to conduct advance
deposit wagering and then the account funds are used to pay for
parimutuel wagers made in person, by telephone, or through
communication by other electronic means.
(4) In order to participate in advance deposit wagering, the holder
of a class 1 racing association license must have conducted at least
one full live racing season. All class 1 racing associations must
complete a live race meet within each succeeding twelve-month period to
maintain eligibility to continue participating in advance deposit
wagering.
(5) When more than one class 1 racing association is participating
in advance deposit wagering the moneys paid to the racing associations
shall be allocated proportionate to the gross amount of all sources of
parimutuel wagering during each twelve-month period derived from the
associations' live race meets. This percentage must be calculated
annually. Revenue derived from advance deposit wagers placed on races
conducted by the class 1 racing association shall all be allocated to
that association.
(6) The commission shall adopt rules regulating advance deposit
wagering.
Sec. 48 RCW 67.16.270 and 2004 c 246 s 1 are each amended to read
as follows:
Upon making a determination that an individual or licensee has
violated a commission rule, the board of stewards may assess a fine,
suspend or revoke a person's license, or any combination of these
penalties. The commission must adopt by rule standard penalties for a
rules violation. All fines collected must be deposited in the
((Washington horse racing)) gambling commission class C purse fund
account, created in RCW 67.16.285, and used as authorized in RCW
67.16.105(3).
Sec. 49 RCW 67.16.275 and 2004 c 246 s 2 are each amended to read
as follows:
The Washington ((horse racing)) gambling commission Washington bred
owners' bonus fund account is created in the custody of the state
treasurer. All receipts collected by the commission under RCW
67.16.102(1) must be deposited into the account. Expenditures from the
account may be used only as authorized in RCW 67.16.102. Only the
secretary of the commission or the secretary'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.
Sec. 50 RCW 67.16.280 and 2006 c 174 s 1 are each amended to read
as follows:
(1) The Washington ((horse racing)) gambling commission horse
racing operating account is created in the custody of the state
treasurer. All receipts collected by the commission under RCW
67.16.105(2) must be deposited into the account. Moneys in the account
may be spent only after appropriation. Except as provided in
subsection (2) of this section, expenditures from the account may be
used only for operating expenses of the commission. Investment
earnings from the account must be distributed to the ((Washington horse
racing)) gambling commission class C purse fund account, created in RCW
67.16.285, pursuant to RCW 43.79A.040.
(2) In order to provide funding in support of the legislative
findings in RCW 67.16.101 (1) through (3), and to provide additional
necessary support to the nonprofit race meets beyond the funding
provided by RCW 67.16.101(4) and 67.16.102(2), the commission is
authorized to spend up to three hundred thousand dollars per fiscal
year from its operating account for the purpose of developing the
equine industry, maintaining and upgrading racing facilities, and
assisting equine health research. When determining how to allocate the
funds available for these purposes, the commission shall give first
consideration to uses that assist the nonprofit race meets and equine
health research. These expenditures may occur only when sufficient
funds remain for the continued operations of the ((horse racing))
commission.
Sec. 51 RCW 67.16.285 and 2004 c 246 s 4 are each amended to read
as follows:
The ((Washington horse racing)) gambling commission class C purse
fund account is created in the custody of the state treasurer. All
receipts from RCW 67.16.105(3) must be deposited into the account.
Expenditures from the account may be used only for the purposes
provided in RCW 67.16.105(3). Only the secretary of the commission or
the secretary'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.
Sec. 52 RCW 43.79A.040 and 2008 c 239 s 9, 2008 c 208 s 9, 2008
c 128 s 20, and 2008 c 122 s 24 are each reenacted and amended to read
as follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury.
(2) All income received from investment of the treasurer's trust
fund shall be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
agricultural local fund, the American Indian scholarship endowment
fund, the foster care scholarship endowment fund, the foster care
endowed scholarship trust fund, the students with dependents grant
account, the basic health plan self-insurance reserve account, the
contract harvesting revolving account, the Washington state combined
fund drive account, the commemorative works account, the Washington
international exchange scholarship endowment fund, the toll collection
account, the developmental disabilities endowment trust fund, the
energy account, the fair fund, the family leave insurance account, the
food animal veterinarian conditional scholarship account, the fruit and
vegetable inspection account, the future teachers conditional
scholarship account, the game farm alternative account, the GET ready
for math and science scholarship account, the grain inspection
revolving fund, the juvenile accountability incentive account, the law
enforcement officers' and firefighters' plan 2 expense fund, the local
tourism promotion account, the pilotage account, the produce railcar
pool account, the regional transportation investment district account,
the rural rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the sulfur dioxide abatement account, the children's
trust fund, the ((Washington horse racing)) gambling commission
Washington bred owners' bonus fund account, the ((Washington horse
racing)) gambling commission class C purse fund account, the individual
development account program account, the ((Washington horse racing))
gambling commission horse racing operating account (earnings from the
Washington ((horse racing)) gambling commission horse racing operating
account must be credited to the ((Washington horse racing)) gambling
commission class C purse fund account), the life sciences discovery
fund, the Washington state heritage center account, the reduced
cigarette ignition propensity account, and the reading achievement
account. However, the earnings to be distributed shall first be
reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right-of-way
revolving fund, the advanced environmental mitigation revolving
account, the city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, the local rail service assistance account, and the
miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 53 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;
(b) Civil legal aid oversight committee, RCW 2.53.010;
(c) Office of public defense advisory committee, RCW 2.70.030;
(d) Washington state gambling commission, RCW 9.46.040;
(e) Sentencing guidelines commission, RCW 9.94A.860;
(f) State building code council, RCW 19.27.070;
(g) Women's history consortium board of advisors, RCW 27.34.365;
(h) Financial literacy public-private partnership, RCW 28A.300.450;
(i) Joint administrative rules review committee, RCW 34.05.610;
(j) Capital projects advisory review board, RCW 39.10.220;
(k) Select committee on pension policy, RCW 41.04.276;
(l) Legislative ethics board, RCW 42.52.310;
(m) Washington citizens' commission on salaries, RCW 43.03.305;
(n) Legislative oral history ((advisory)) committee, RCW
((43.07.230)) 44.04.325;
(o) State council on aging, RCW 43.20A.685;
(p) State investment board, RCW 43.33A.020;
(q) Capitol campus design advisory committee, RCW 43.34.080;
(r) Washington state arts commission, RCW 43.46.015;
(s) Information services board, RCW 43.105.032;
(t) K-20 educational network board, RCW 43.105.800;
(u) Municipal research council, RCW 43.110.010;
(v) ((Council for children and families, RCW 43.121.020;)) PNWER-Net working subgroup under chapter 43.147 RCW;
(w)
(((x))) (w) Community economic revitalization board, RCW
43.160.030;
(((y))) (x) Washington economic development finance authority, RCW
43.163.020;
(((z) Tourism development advisory committee, RCW 43.330.095;)) (y) Life sciences discovery fund authority, RCW 43.350.020;
(aa)
(((bb))) (z) Legislative children's oversight committee, RCW
44.04.220;
(((cc))) (aa) Joint legislative audit and review committee, RCW
44.28.010;
(((dd))) (bb) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((ee))) (cc) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((ff))) (dd) Agency council on coordinated transportation, RCW
47.06B.020;
(((gg))) (ee) Manufactured housing task force, RCW 59.22.090;
(((hh) Washington horse racing commission, RCW 67.16.014;)) (ff) Correctional industries board of directors, RCW
72.09.080;
(ii)
(((jj))) (gg) Joint committee on veterans' and military affairs,
RCW 73.04.150;
(((kk))) (hh) Washington state parks centennial advisory committee,
RCW 79A.75.010;
(((ll) Puget Sound council, RCW 90.71.030;)) (ii) Joint legislative committee on water supply during
drought, RCW 90.86.020;
(mm)
(((nn))) (jj) Statute law committee, RCW 1.08.001; and
(((oo))) (kk) Joint legislative oversight committee on trade
policy, RCW 44.55.020.
NEW SECTION. Sec. 54 (1) All documents and papers, equipment, or
other tangible property in the possession of a consolidated or
dissolved entity under this act shall be delivered to the custody of
the entity assuming the responsibilities of the consolidated or
dissolved 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 consolidated or
dissolved 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 consolidated or dissolved entity, or if there is none to such
entity as the governor shall direct.
NEW SECTION. Sec. 55 Sections 35 through 52 of this act take
effect August 1, 2009.