BILL REQ. #:  S-2134.1 

READ FIRST TIME 02/25/09.   

     AN ACT Relating to eliminating certain boards, committees, and commissions and the transfer of certain duties effective June 30, 2009; amending RCW 18.06.080, 70.128.163, 18.44.011, 18.44.195, 18.44.221, 18.44.251, 43.121.015, 43.121.050, 43.121.060, 43.121.180, 13.40.462, 13.40.510, 19.188.030, 43.08.250, 43.41.195, 43.63A.725, 43.70.545, 43.70.555, 43.70.580, 74.14A.060, 19.146.225, 46.20.520, 70.149.040, 79A.75.900, 70.14.060, 4.92.130, 18.84.040, 18.84.070, 70.104.090, 15.92.070, 17.21.020, 70.94.524, 70.94.527, 70.94.528, 70.94.534, 70.94.537, 70.94.541, 70.94.551, 70.94.996, 82.70.060, 28B.116.020, 28B.12.040, 46.01.325, 46.01.140, and 43.15.020; reenacting and amending RCW 69.50.520; adding new sections to chapter 43.121 RCW; creating new sections; recodifying RCW 70.190.005; repealing RCW 28B.04.085, 70.128.225, 18.20.260, 70.96A.070, 18.44.500, 18.44.510, 43.41.190, 43.121.175, 70.190.010, 70.190.020, 70.190.030, 70.190.040, 70.190.050, 70.190.060, 70.190.065, 70.190.070, 70.190.075, 70.190.080, 70.190.085, 70.190.090, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, 70.190.160, 70.190.170, 70.190.180, 70.190.190, 74.14C.050, 79A.25.220, 19.146.280, 43.09.430, 43.09.435, 43.09.440, 43.09.445, 43.09.450, 43.09.455, 43.09.460, 4.92.230, 21.20.550, 21.20.560, 21.20.570, 21.20.580, 21.20.590, 17.15.040, 17.21.230, 17.21.240, 17.21.250, 17.21.260, 17.21.270, 70.104.070, 70.104.080, 70.94.544, 43.360.040, 28B.116.040, 46.01.320, 18.155.050, 74.32.100, 74.32.110, 74.32.120, 74.32.130, 74.32.140, 74.32.150, 74.32.160, 74.32.170, and 74.32.180; repealing 2008 c 311 s 1 (uncodified); repealing 2008 c 311 s 2 (uncodified); repealing 2008 c 311 s 3 (uncodified); repealing 2008 c 311 s 4 (uncodified); repealing 1997 c 406 s 1 (uncodified); providing an effective date; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   One of the key roles of advisory boards, committees, and commissions is to provide input, advice and recommendations from stakeholders, other interested parties, and the public to state agencies. These advisory boards, committees, and commissions may be abolished without detriment to the mission of the agency each supports. Most of the advisory functions of these boards, committees, and commissions can be performed without the administrative costs of maintaining formal organizations. In the interest of building a leaner, more efficient, and more responsible government, this vital communications conduit must be maintained for the benefit of the state and its citizens, through the use of modern communication technology. It is the intent of this legislation that while advisory boards, committees, and commissions be eliminated, agencies should identify new, less costly, and more effective opportunities to ensure a broad range of citizen participation is provided and that all reasonable efforts are made to ensure that channels are maintained for vital input from the citizens of Washington.

Sec. 2   RCW 18.06.080 and 1995 c 323 s 7 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 acupuncture at least twice a year at such times and places as the secretary may select. The examination shall be a written examination and may include a practical examination.
     (2) The secretary 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 licensed acupuncturists and shall include but not necessarily be limited to anatomy, physiology, microbiology, biochemistry, pathology, hygiene, and acupuncture. 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 successfully passed, the secretary shall confer on such candidate the title of Licensed Acupuncturist.
     (4) ((The secretary may appoint members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.
     (5))) The secretary, ad hoc committee members, or individuals acting in their behalf are immune from suit in a civil action based on any certification or disciplinary proceedings or other official acts performed in the course of their duties.

NEW SECTION.  Sec. 3   RCW 28B.04.085 (Displaced homemaker program advisory committee) and 2004 c 275 s 32 & 1987 c 230 s 2 are each repealed.

NEW SECTION.  Sec. 4   RCW 70.128.225 (Advisory committee) and 2007 c 40 s 1 & 2002 c 223 s 4 are each repealed.

Sec. 5   RCW 70.128.163 and 2001 c 193 s 6 are each amended to read as follows:
     (1) When the department has summarily suspended a license, the licensee may, subject to the department's approval, elect to participate in a temporary management program. All provisions of this section shall apply.
     The purposes of a temporary management program are as follows:
     (a) To mitigate dislocation and transfer trauma of residents while the department and licensee may pursue dispute resolution or appeal of a summary suspension of license;
     (b) To facilitate the continuity of safe and appropriate resident care and services;
     (c) To preserve a residential option that meets a specialized service need and/or is in a geographical area that has a lack of available providers; and
     (d) To provide residents with the opportunity for orderly discharge.
     (2) Licensee participation in the temporary management program is voluntary. The department shall have the discretion to approve any temporary manager and the temporary management arrangements. The temporary management shall assume the total responsibility for the daily operations of the home.
     (3) The temporary management shall contract with the licensee as an independent contractor and is responsible for ensuring that all minimum licensing requirements are met. The temporary management shall protect the health, safety, and well-being of the residents for the duration of the temporary management and shall perform all acts reasonably necessary to ensure that residents' needs are met. The licensee is responsible for all costs related to administering the temporary management program and contracting with the temporary management. The temporary management agreement shall at a minimum address the following:
     (a) Provision of liability insurance to protect residents and their property;
     (b) Preservation of resident trust funds;
     (c) The timely payment of past due or current accounts, operating expenses, including but not limited to staff compensation, and all debt that comes due during the period of the temporary management;
     (d) The responsibilities for addressing all other financial obligations that would interfere with the ability of the temporary manager to provide adequate care and services to residents; and
     (e) The authority of the temporary manager to manage the home, including the hiring, managing, and firing of employees for good cause, and to provide adequate care and services to residents.
     (4) The licensee and department shall provide written notification immediately to all residents, legal representatives, interested family members, and the state long-term care ombudsman program, of the temporary management and the reasons for it. This notification shall include notice that residents may move from the home without notifying the licensee in advance, and without incurring any charges, fees, or costs otherwise available for insufficient advance notice, during the temporary management period.
     (5) The temporary management period under this section concludes twenty-eight days after issuance of the formal notification of enforcement action or conclusion of administrative proceedings, whichever date is later. Nothing in this section precludes the department from revoking its approval of the temporary management and/or exercising its licensing enforcement authority under this chapter. The department's decision whether to approve or to revoke a temporary management arrangement is not subject to the administrative procedure act, chapter 34.05 RCW.
     (6) The department is authorized to adopt rules implementing this section. In implementing this section, the department shall consult with consumers, advocates, ((the adult family home advisory committee established under chapter 18.48 RCW,)) and organizations representing adult family homes. The department may recruit and approve qualified, licensed providers interested in serving as temporary managers.

NEW SECTION.  Sec. 6   RCW 18.20.260 (Advisory board) and 2000 c 47 s 8 are each repealed.

NEW SECTION.  Sec. 7   RCW 70.96A.070 (Citizens advisory council-- Qualifications -- Duties -- Rules and policies) and 1994 c 231 s 2, 1989 c 270 s 9, 1973 1st ex.s. c 155 s 1, & 1972 ex.s. c 122 s 7 are each repealed.

NEW SECTION.  Sec. 8   The following acts or parts of acts are each repealed:
     2008 c 311 s 1 (uncodified);
     2008 c 311 s 2 (uncodified);
     2008 c 311 s 3 (uncodified); and
     2008 c 311 s 4 (uncodified).

Sec. 9   RCW 18.44.011 and 1999 c 30 s 1 are each amended to read as follows:
     Unless a different meaning is apparent from the context, terms used in this chapter shall have the following meanings:
     (1) "Department" means the department of financial institutions.
     (2) "Director" means the director of financial institutions, or his or her duly authorized representative.
     (3) "Director of licensing" means the director of the department of licensing, or his or her duly authorized representative.
     (4) "Escrow" means any transaction, except the acts of a qualified intermediary in facilitating an exchange under section 1031 of the internal revenue code, wherein any person or persons, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, or lease of real or personal property to another person or persons, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be held by such third person until the happening of a specified event or the performance of a prescribed condition or conditions, when it is then to be delivered by such third person, in compliance with instructions under which he or she is to act, to a grantee, grantor, promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor, or any agent or employee thereof.
     (5) "Split escrow" means a transaction in which two or more escrow agents act to effect and close an escrow transaction.
     (6) "Escrow agent" means any person engaged in the business of performing for compensation the duties of the third person referred to in subsection (4) of this section.
     (7) "Licensed escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a license as an escrow agent under the provisions of this chapter.
     (8) "Person" means a natural person, firm, association, partnership, corporation, limited liability company, or the plural thereof, whether resident, nonresident, citizen, or not.
     (9) "Licensed escrow officer" means any natural person handling escrow transactions and licensed as such by the director.
     (10) "Designated escrow officer" means any licensed escrow officer designated by a licensed escrow agent and approved by the director as the licensed escrow officer responsible for supervising that agent's handling of escrow transactions, management of the agent's trust account, and supervision of all other licensed escrow officers employed by the agent.
     (11) (("Escrow commission" means the escrow commission of the state of Washington created by RCW 18.44.500.
     (12))) "Controlling person" is any person who owns or controls ten percent or more of the beneficial ownership of any escrow agent, regardless of the form of business organization employed and regardless of whether such interest stands in such person's true name or in the name of a nominee.

Sec. 10   RCW 18.44.195 and 1999 c 30 s 4 are each amended to read as follows:
     (1) Any person desiring to become a licensed escrow officer must successfully pass an examination.
     (2) The escrow officer examination shall encompass the following:
     (a) Appropriate knowledge of the English language, including reading, writing, and arithmetic;
     (b) An understanding of the principles of real estate conveyancing and the general purposes and legal effects of deeds, mortgages, deeds of trust, contracts of sale, exchanges, rental and optional agreements, leases, earnest money agreements, personal property transfers, and encumbrances;
     (c) An understanding of the obligations between principal and agent;
     (d) An understanding of the meaning and nature of encumbrances upon real property;
     (e) An understanding of the principles and practice of trust accounting; and
     (f) An understanding of the escrow agent registration act and other applicable law such as the real estate settlement procedures act, 12 U.S.C. Sec. 2601, and regulation X, 24 C.F.R. Sec. 3500.
     (3) The examination shall be in such form as prescribed by the director ((with the advice of the escrow commission,)) and shall be given at least annually.

Sec. 11   RCW 18.44.221 and 1999 c 30 s 31 are each amended to read as follows:
     The director shall, within thirty days after ((the)) a written request ((of the escrow commission)), hold a public hearing to determine whether the fidelity bond, surety bond, and/or the errors and omissions policy specified in RCW 18.44.201 is reasonably available to a substantial number of licensed escrow agents. If the director determines and the insurance commissioner concurs that such bond or bonds and/or policy is not reasonably available, the director shall waive the requirements for such bond or bonds and/or policy for a fixed period of time.

Sec. 12   RCW 18.44.251 and 1995 c 238 s 5 are each amended to read as follows:
     A request for a waiver of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following:

NEW SECTION.  Sec. 13   The following acts or parts of acts are each repealed:
     (1) RCW 18.44.500 (Escrow commission -- Members -- Terms -- Compensation and travel expenses) and 1995 c 238 s 3, 1985 c 340 s 3, & 1984 c 287 s 36; and
     (2) RCW 18.44.510 (Compensation and travel expenses of commission members) and 1984 c 287 s 37 & 1977 ex.s. c 156 s 29.

Sec. 14   RCW 43.121.015 and 2008 c 152 s 8 are each amended to read as follows:
     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
     (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" means the regular collection, analysis, and sharing of information within a defined locale, a county or a multicounty area about specific needs of the family, programs, and the community, the specific risk factors affecting these, and the data that confirms these needs. Among the information useful for inclusion in an assessment are economic and environmental risk factors, community concerns, community health indicators, and the array of resources, if any, to address identified needs and gaps in service.
     (3) "At-risk" children or youth are those who engage in or are victims of at-risk behaviors.
     (4) "Child" means an unmarried person who is under eighteen years of age.
     (((2))) (5) "Community public health and safety networks" or "networks" means the organizations authorized under section 20 of this act.
     (6) "Comprehensive plan" means a two-year plan based upon an assessment that examines available resources and unmet needs, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported by local residents.
     (7) "Council" means the council for children and families.
     (((3))) (8) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
     (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) "Home visitation" means providing services in the permanent or temporary residence, or in other familiar surroundings, of the family receiving such services.
     (11) "Outcome" or "outcome-based" means defined and measurable outcomes used to evaluate progress in increasing protective factors for children, their primary caregivers, and communities.
     (12) "Policy development" has the same meaning as provided in RCW 43.70.010.
     (13) "Primary prevention" of child abuse and neglect means any effort designed to inhibit or preclude the initial occurrence of child abuse and neglect, both by the promotion of positive parenting and family interaction, and the remediation of factors linked to causes of child maltreatment.
     (((4))) (14) "Protective factors" means those factors determined by the extensive review of the research literature on the practices that most improve a child's chances of growing up in an environment that results in the prevention of at-risk behaviors and promotes the child's optimal development.
     (15) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
     (16) "Secondary prevention" means services and programs that identify and assist families under such stress that abuse or neglect is likely or families display symptoms associated with child abuse or neglect.

Sec. 15   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, 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) Oversee the community public health and safety networks.
     (6) Adopt its own bylaws.
     (((6))) (7) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter.

Sec. 16   RCW 43.121.060 and 1982 c 4 s 6 are each amended to read as follows:
     Programs contracted for under this chapter are intended to provide primary child abuse and neglect prevention services. Such programs may include, but are not limited to:
     (1) Community-based educational programs on prenatal care, perinatal bonding, child development, basic child care, care of children with special needs, and coping with family stress; and
     (2) Community-based programs relating to crisis care, aid to parents, child-abuse counseling, support groups for abusive or potentially abusive parents and their children, and early identification of families where the potential for child abuse and neglect exists.
     (3) Those programs listed in section 24 of this act.
     The council shall develop policies to determine whether programs will be demonstration or will receive continuous funding. Nothing in this chapter requires continued funding by the state.

Sec. 17   RCW 43.121.180 and 2008 c 152 s 6 are each amended to read as follows:
     (((1))) Within available funds, the council for children and families shall fund evidence-based and research-based home visitation programs for improving parenting skills and outcomes for children. Home visitation programs must be voluntary and must address the needs of families to alleviate the effect on child development of factors such as poverty, single parenthood, parental unemployment or underemployment, parental disability, or parental lack of high school diploma, which research shows are risk factors for child abuse and neglect and poor educational outcomes.
     (((2) The council for children and families shall develop a plan with the department of social and health services, the department of health, the department of early learning, and the family policy council to coordinate or consolidate home visitation services for children and families and report to the appropriate committees of the legislature by December 1, 2007, with their recommendations for implementation of the plan.))

NEW SECTION.  Sec. 18   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. This shall include authority to consolidate similar councils or activities in a manner consistent with the goals of this chapter.

NEW SECTION.  Sec. 19   A new section is added to chapter 43.121 RCW to read as follows:
     The council shall annually solicit from community networks proposals to facilitate greater flexibility, coordination, and responsiveness, and consolidation when justified by outcome-based evaluation data, of prevention services at the community level. The council shall consider such proposals only if:
     (1) A comprehensive plan has been prepared by the community networks;
     (2) The community network has identified potential matching funds; and
     (3) The community network has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The community network must submit reports to the council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.

NEW SECTION.  Sec. 20   A new section is added to chapter 43.121 RCW to read as follows:
     (1) The networks have only those powers and duties expressly authorized by the legislature under this chapter. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of and recommendations by the network.
     (2) A group of persons described in subsection (3) of this section may apply to be a community public health and safety network.
     (3) Each community public health and safety network shall be composed of at least thirteen people, nine of whom shall be citizens who live within the network boundary and who have no fiduciary interest. In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations. The nine persons shall be selected as follows: Two by chambers of commerce, two by school board members, three by county and/or city legislative authorities, one high school student, selected by student organizations, and one parent leader. The remaining four members shall live or work within the network boundary and shall include local representation selected by the following groups and entities: Parent organizations; cities; counties; federally recognized Indian tribes; parks and recreation programs; law enforcement agencies; state children's service workers; employment assistance workers; private social service providers, broad-based nonsecular organizations, or health service providers; and public education.
     (4) All members of each community public health and safety network must sign an annual declaration under penalty of perjury or a notarized statement that clearly, in plain and understandable language, states whether or not he or she has a fiduciary interest. If a member has a fiduciary interest, the nature of that interest must be made clear, in plain understandable language, on the signed statement.
     (5) Members of the network shall serve terms of three years.
     The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.
     (6) Not less than sixty days before the expiration of a network member's term, the chair shall submit the name of a nominee to the network for its approval. The network shall comply with subsection (3) of this section.
     (7) Networks are subject to the open public meetings act under chapter 42.30 RCW and the public records provisions of chapter 42.56 RCW.
     (8) The composition requirements of the networks in this section shall apply prospectively only and are not intended to affect the composition of any community public health and safety network's membership that was previously approved by the family policy council.

NEW SECTION.  Sec. 21   A new section is added to chapter 43.121 RCW to read as follows:
     No network member may vote to recommend to the council any expenditure in which the member's immediate family has a fiduciary interest. For the purpose of this section "immediate family" means a spouse, domestic partner, parent, grandparent, adult child, brother, or sister.

NEW SECTION.  Sec. 22   A new section is added to chapter 43.121 RCW to read as follows:
     The community public health and safety networks shall:
     (1) Review state and local public health data and analysis relating to protective factors and at-risk children and youth;
     (2) Prioritize the protective factors to reduce the likelihood of the children and youth in the network's catchment area being at risk;
     (3) Develop a long-term comprehensive plan using assessments to reduce the rate of at-risk children and youth; set definitive, measurable goals; and project their desired outcomes;
     (4) Conduct outcome-based evaluations of services and service delivery systems within network catchment areas.

NEW SECTION.  Sec. 23   A new section is added to chapter 43.121 RCW to read as follows:
     (1) The council shall act as lead fiscal agent for the networks and shall have authority to perform fiscal, accounting, contract administration, legal, and other administrative duties, including the provision of liability insurance.
     (2) The council shall perform fiscal, accounting, and other administrative duties on behalf of the networks.

NEW SECTION.  Sec. 24   A new section is added to chapter 43.121 RCW to read as follows:
     (1) The community network's plan may include recommending that the council fund evidence-based or research-based home visitation programs in accordance with RCW 43.121.180.
     (2) In developing long-term comprehensive plans to reduce the rate of at-risk children and youth, the community networks may recommend that the council consider increasing employment and job training opportunities in recognition that they constitute a strong protective factor.
     (3) The community network may recommend that the council fund:
     (a) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;
     (b) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community.
     (4) The community network's plan may include recommendations for coordination of services and/or decategorization of funding for services when intended to improve the outcomes for at-risk youth and their parents.
     (5) The community network's plan may include recommending and delivering technical assistance to applicants to increase their organizational capacity and improve the likelihood of successful service outcomes.

NEW SECTION.  Sec. 25   A new section is added to chapter 43.121 RCW to read as follows:
     (1) No later than February 1st of each odd-numbered year, the council shall request from the network its plan for the upcoming biennial period.
     (2) The council shall notify the networks of their allocation of available resources in their catchment area at least sixty days prior to the start of a new biennial period.
     (3) With the advice of the networks, the council shall, by contract, distribute funds: (a) Appropriated for plan implementation by the legislature; and (b) obtained from nonstate or federal sources. In distributing funds, the council shall ensure that administrative costs are held to a maximum of ten percent.
     (4) A network shall not provide services or operate programs.

NEW SECTION.  Sec. 26   A new section is added to chapter 43.121 RCW to read as follows:
     The council shall maintain the network boundaries established as of the effective date of this section.

NEW SECTION.  Sec. 27   A new section is added to chapter 43.121 RCW to read as follows:
     (1) The council shall only disburse funds to a program recommended by a network after a comprehensive plan has been prepared by the network and approved by the council. If the local network objects to the program or programs to which the council wants to distribute funds, the council shall resolve any objections from the local network before disbursing the funds.
     (2) The council may establish a maximum amount to be expended by a network for purposes of planning and administrative duties, that shall not, in total, exceed ten percent of funds to be allotted by the council in a network catchment area.
     (3) The council may determine that a network is not in compliance with this chapter if it fails to comply with statutory requirements. Upon a determination of noncompliance, the council may suspend or revoke a network's status or contract and specify a process and deadline for the network's compliance.

NEW SECTION.  Sec. 28   A new section is added to chapter 43.121 RCW to read as follows:
     (1) The network members are immune from all civil liability arising from their actions done in their decision-making capacity as a network member, except for their intentional tortious acts or acts of official misconduct.
     (2) The assets of a network are not subject to attachment or execution in satisfaction of a judgment for the tortious acts or official misconduct of any network member or for the acts of any agency or program to which it provides funds.

Sec. 29   RCW 13.40.462 and 2006 c 304 s 2 are each amended to read as follows:
     (1) The department of social and health services juvenile rehabilitation administration shall establish a reinvesting in youth program that awards grants to counties for implementing research-based early intervention services that target juvenile justice-involved youth and reduce crime, subject to the availability of amounts appropriated for this specific purpose.
     (2) Effective July 1, 2007, any county or group of counties may apply for participation in the reinvesting in youth program.
     (3) Counties that participate in the reinvesting in youth program shall have a portion of their costs of serving youth through the research-based intervention service models paid for with moneys from the reinvesting in youth account established pursuant to RCW 13.40.466.
     (4) The department of social and health services juvenile rehabilitation administration shall review county applications for funding through the reinvesting in youth program and shall select the counties that will be awarded grants with funds appropriated to implement this program. The department, in consultation with the Washington state institute for public policy, shall develop guidelines to determine which counties will be awarded funding in accordance with the reinvesting in youth program. At a minimum, counties must meet the following criteria in order to participate in the reinvesting in youth program:
     (a) Counties must match state moneys awarded for research-based early intervention services with nonstate resources that are at least proportional to the expected local government share of state and local government cost avoidance that would result from the implementation of such services;
     (b) Counties must demonstrate that state funds allocated pursuant to this section are used only for the intervention service models authorized pursuant to RCW 13.40.464;
     (c) Counties must participate fully in the state quality assurance program established in RCW 13.40.468 to ensure fidelity of program implementation. If no state quality assurance program is in effect for a particular selected research-based service, the county must submit a quality assurance plan for state approval with its grant application. Failure to demonstrate continuing compliance with quality assurance plans shall be grounds for termination of state funding; and
     (d) Counties that submit joint applications must submit for approval by the department of social and health services juvenile rehabilitation administration multicounty plans for efficient program delivery.
     (5) The department of social and health services juvenile rehabilitation administration shall convene a technical advisory committee comprised of representatives from the house of representatives, the senate, the governor's office of financial management, the department of social and health services juvenile rehabilitation administration, ((the family policy council,)) the juvenile court administrator's association, and the Washington association of counties to assist in the implementation of chapter 304, Laws of 2006.

Sec. 30   RCW 13.40.510 and 1997 c 338 s 61 are each amended to read as follows:
     (1) In order to receive funds under RCW 13.40.500 through 13.40.540, local governments may, through their respective agencies that administer funding for consolidated juvenile services, submit proposals that establish community juvenile accountability programs within their communities. These proposals must be submitted to the juvenile rehabilitation administration of the department of social and health services for certification.
     (2) The proposals must:
     (a) Demonstrate that the proposals were developed with the input of the community public health and safety networks ((established under RCW 70.190.060)), and the local law and justice councils established under RCW 72.09.300;
     (b) Describe how local community groups or members are involved in the implementation of the programs funded under RCW 13.40.500 through 13.40.540;
     (c) Include a description of how the grant funds will contribute to the expected outcomes of the program and the reduction of youth violence and juvenile crime in their community. Data approaches are not required to be replicated if the networks have information that addresses risks in the community for juvenile offenders.
     (3) A local government receiving a grant under this section shall agree that any funds received must be used efficiently to encourage the use of community-based programs that reduce the reliance on secure confinement as the sole means of holding juvenile offenders accountable for their crimes. The local government shall also agree to account for the expenditure of all funds received under the grant and to submit to audits for compliance with the grant criteria developed under RCW 13.40.520.
     (4) The juvenile rehabilitation administration, in consultation with the Washington association of juvenile court administrators, and the state law and justice advisory council, ((and the family policy council,)) shall establish guidelines for programs that may be funded under RCW 13.40.500 through 13.40.540. The guidelines must:
     (a) Target diverted and adjudicated juvenile offenders;
     (b) Include assessment methods to determine services, programs, and intervention strategies most likely to change behaviors and norms of juvenile offenders;
     (c) Provide maximum structured supervision in the community. Programs should use natural surveillance and community guardians such as employers, relatives, teachers, clergy, and community mentors to the greatest extent possible;
     (d) Promote good work ethic values and educational skills and competencies necessary for the juvenile offender to function effectively and positively in the community;
     (e) Maximize the efficient delivery of treatment services aimed at reducing risk factors associated with the commission of juvenile offenses;
     (f) Maximize the reintegration of the juvenile offender into the community upon release from confinement;
     (g) Maximize the juvenile offender's opportunities to make full restitution to the victims and amends to the community;
     (h) Support and encourage increased court discretion in imposing community-based intervention strategies;
     (i) Be compatible with research that shows which prevention and early intervention strategies work with juvenile offenders;
     (j) Be outcome-based in that it describes what outcomes will be achieved or what outcomes have already been achieved;
     (k) Include an evaluation component; and
     (l) Recognize the diversity of local needs.
     (5) The state law and justice advisory council, with the assistance of ((the family policy council and)) the governor's juvenile justice advisory committee, may provide support and technical assistance to local governments for training and education regarding community-based prevention and intervention strategies.

Sec. 31   RCW 19.188.030 and 1994 sp.s. c 7 s 806 are each amended to read as follows:
     The legislature finds that, as a matter of public health and safety, access by minors to violent videos and violent video games is the responsibility of parents and guardians.
     Public libraries, with the exception of university, college, and community college libraries, shall establish policies on minors' access to violent videos and violent video games. Libraries shall make their policies known to the public in their communities.
     Each library system shall formulate its own policies, and may, in its discretion, include public hearings, ((consultation with community networks as defined under chapter 70.190 RCW,)) or consultation with the Washington library association in the development of its policies.

Sec. 32   RCW 43.08.250 and 2008 c 329 s 913 are each amended to read as follows:
     (1) The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons under RCW 2.53.030, winter recreation parking, drug court operations, and state game programs. Through the fiscal biennium ending June 30, 2009, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of the office of public defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, treatment for supplemental security income clients, sexual assault treatment, operations of the administrative office of the courts, security in the common schools, alternative school start-up grants, programs for disruptive students, criminal justice data collection, Washington state patrol criminal justice activities, drug court operations, unified family courts, local court backlog assistance, financial assistance to local jurisdictions for extraordinary costs incurred in the adjudication of criminal cases, domestic violence treatment and related services, the department of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement of local governments for costs associated with implementing criminal and civil justice legislation, the replacement of the department of corrections' offender-based tracking system, secure and semi-secure crisis residential centers, HOPE beds, the ((family policy)) council ((and community public health and safety networks)) for children and families, the street youth program, public notification about registered sex offenders, and narcotics or methamphetamine-related enforcement, education, training, and drug and alcohol treatment services. During the 2007-2009 fiscal biennium, the legislature may transfer from the public safety and education account to the state general fund such amounts as to reflect the excess fund balance of the fund.
     (2)(a) The equal justice subaccount is created as a subaccount of the public safety and education account. The money received by the state treasurer from the increase in fees imposed by sections 9, 10, 12, 13, 14, 17, and 19, chapter 457, Laws of 2005 shall be deposited in the equal justice subaccount and shall be appropriated only for:
     (i) Criminal indigent defense assistance and enhancement at the trial court level, including a criminal indigent defense pilot program;
     (ii) Representation of parents in dependency and termination proceedings;
     (iii) Civil legal representation of indigent persons; and
     (iv) Contribution to district court judges' salaries and to eligible elected municipal court judges' salaries.
     (b) For the 2005-07 fiscal biennium, an amount equal to twenty-five percent of revenues to the equal justice subaccount, less one million dollars, shall be appropriated from the equal justice subaccount to the administrator for the courts for purposes of (a)(iv) of this subsection. For the 2007-09 fiscal biennium and subsequent fiscal biennia, an amount equal to fifty percent of revenues to the equal justice subaccount shall be appropriated from the equal justice subaccount to the administrator for the courts for the purposes of (a)(iv) of this subsection.

Sec. 33   RCW 43.41.195 and 1999 c 372 s 8 are each amended to read as follows:
     (((1))) The office of financial management, in consultation with affected parties, shall establish a fund distribution formula for determining allocations to the council for children and families for the community networks ((authorized under RCW 70.190.130)) and programs funded in the network's catchment area. The formula shall reflect the local needs assessment for at-risk children and consider:
     (((a))) (1) The number of arrests and convictions for juvenile violent offenses;
     (((b))) (2) The number of arrests and convictions for crimes relating to juvenile drug offenses and alcohol-related offenses;
     (((c))) (3) The number of teen pregnancies and parents;
     (((d))) (4) The number of child and teenage suicides and attempted suicides; and
     (((e))) (5) The high school graduation rate.
     (((2) In developing the formula, the office of financial management shall reserve five percent of the funds for the purpose of rewarding community networks.
     (3) The reserve fund shall be used by the council to reward community networks that show exceptional reductions in: State-funded out-of-home placements, violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, teen suicide attempts, or school dropout rates.))

Sec. 34   RCW 43.63A.725 and 1995 c 353 s 8 are each amended to read as follows:
     (1) Applications for funding under this chapter must:
     (a) Meet the criteria in RCW 43.63A.720; and
     (b) Contain evidence of active participation of the community and its commitment to providing effective prevention and intervention services for prostitutes through the participation of local governments, tribal governments, ((networks under chapter 70.190 RCW,)) human service and health organizations, and treatment entities and through meaningful involvement of others, including citizen groups.
     (2) Local governments, ((networks under chapter 70.190 RCW,)) nonprofit community groups, and nonprofit treatment providers including organizations that provide services, such as emergency housing, counseling, and crisis intervention shall, among others, be eligible for grants established under RCW 43.63A.720.

Sec. 35   RCW 43.70.545 and 1998 c 245 s 76 are each amended to read as follows:
     (1) The department of health shall develop, based on recommendations in the public health services improvement plan and in consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating to acts of violence, at-risk behaviors, and risk and protective factors. The data collection and reporting rules shall be used by any public or private entity that is required to report data relating to these behaviors and conditions. The department may require any agency or program that is state-funded or that accepts state funds and any licensed or regulated person or professional to report these behaviors and conditions. To the extent possible the department shall require the reports to be filed through existing data systems. The department may also require reporting of attempted acts of violence and of nonphysical injuries. For the purposes of this section "acts of violence" means self-directed and interpersonal behaviors that can result in suicide, homicide, and nonfatal intentional injuries. (("At-risk behaviors," "protective factors," and "risk factors" have the same meanings as provided in RCW 70.190.010.)) A copy of the data used by a school district to prepare and submit a report to the department shall be retained by the district and, in the copy retained by the district, identify the reported acts or behaviors by school site.
     (2) The department is designated as the statewide agency for the coordination of all information relating to violence and other intentional injuries, at-risk behaviors, and risk and protective factors.
     (3) ((The department shall provide necessary data to the local health departments for use in planning by or evaluation of any community network authorized under RCW 70.190.060.
     (4) The department shall by rule establish requirements for local health departments to perform assessment related to at-risk behaviors and risk and protective factors and to assist community networks in policy development and in planning and other duties under chapter 7, Laws of 1994 sp. sess.
     (5))) The department may, consistent with its general authority and directives under RCW 43.70.540 through 43.70.560, contract with a college or university that has experience in data collection relating to the health and overall welfare of children to provide assistance to:
     (a) State and local health departments in developing new sources of data to track acts of violence, at-risk behaviors, and risk and protective factors; and
     (b) Local health departments to compile and effectively communicate data in their communities.

Sec. 36   RCW 43.70.555 and 1998 c 245 s 77 are each amended to read as follows:
     The department((, in consultation with the family policy council created in chapter 70.190 RCW,)) shall establish, by rule, standards for local health departments ((and networks)) to use in assessment, performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to: Violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. The standards shall be based on the standards set forth in the public health services improvement plan as required by RCW 43.70.550.

Sec. 37   RCW 43.70.580 and 1995 c 43 s 3 are each amended to read as follows:
     The primary responsibility of the public health system, is to take those actions necessary to protect, promote, and improve the health of the population. In order to accomplish this, the department shall:
     (1) Identify, as part of the public health improvement plan, the key health outcomes sought for the population and the capacity needed by the public health system to fulfill its responsibilities in improving health outcomes.
     (2)(a) Distribute state funds that, in conjunction with local revenues, are intended to improve the capacity of the public health system. The distribution methodology shall encourage system-wide effectiveness and efficiency and provide local health jurisdictions with the flexibility both to determine governance structures and address their unique needs.
     (b) Enter into with each local health jurisdiction performance-based contracts that establish clear measures of the degree to which the local health jurisdiction is attaining the capacity necessary to improve health outcomes. The contracts negotiated between the local health jurisdictions and the department of health must identify the specific measurable progress that local health jurisdictions will make toward achieving health outcomes. A community assessment conducted by the local health jurisdiction according to the public health improvement plan((, which shall include the results of the comprehensive plan prepared according to RCW 70.190.130,)) will be used as the basis for identifying the health outcomes. The contracts shall include provisions to encourage collaboration among local health jurisdictions. State funds shall be used solely to expand and complement, but not to supplant city and county government support for public health programs.
     (3) Develop criteria to assess the degree to which capacity is being achieved and ensure compliance by public health jurisdictions.
     (4) Adopt rules necessary to carry out the purposes of chapter 43, Laws of 1995.
     (5) Biennially, within the public health improvement plan, evaluate the effectiveness of the public health system, assess the degree to which the public health system is attaining the capacity to improve the status of the public's health, and report progress made by each local health jurisdiction toward improving health outcomes.

Sec. 38   RCW 69.50.520 and 2005 c 518 s 937, and 2005 c 514 s 1107, and 2005 c 514 s 202 are each reenacted and amended to read as follows:
     The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2), 69.50.505(9)(a), 82.08.150 (5) and (7)(b)(iii), 82.24.020(2), 82.24.026(2)(c), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 ((and chapter 7, Laws of 1994 sp. sess.)) and chapter 43.121 RCW, including state incarceration costs. Funds from the account may also be appropriated to reimburse local governments for costs associated with implementing criminal justice legislation including chapter 338, Laws of 1997. ((During the 2003-2005 and 2005-2007 bienniums, funds from the account may also be used for costs associated with providing grants to local governments in accordance with chapter 338, Laws of 1997, funding drug offender treatment services in accordance with RCW 70.96A.350, maintenance and operating costs of the Washington association of sheriffs and police chiefs jail reporting system, maintenance and operating costs of the juvenile rehabilitation administration's client activity tracking system, civil indigent legal representation, multijurisdictional narcotics task forces, transfers to the health services account, and grants to community networks under chapter 70.190 RCW by the family policy council.))

Sec. 39   RCW 74.14A.060 and 2000 c 219 s 2 are each amended to read as follows:
     The secretary of the department of social and health services shall charge appropriated funds to support blended funding projects for youth subject to any current or future waiver the department receives to the requirements of IV-E funding. To be eligible for blended funding a child must be eligible for services designed to address a behavioral, mental, emotional, or substance abuse issue from the department of social and health services and require services from more than one categorical service delivery system. ((Before any blended funding project is established by the secretary, any entity or person proposing the project shall seek input from the public health and safety network or networks established in the catchment area of the project. The network or networks shall submit recommendations on the blended funding project to the family policy council. The family policy council shall advise the secretary whether to approve the proposed blended funding project. The network shall review the proposed blended funding project pursuant to its authority to examine the decategorization of program funds under RCW 70.190.110, within the current appropriation level.)) The department shall document the number of children who participate in blended funding projects, the total blended funding amounts per child, the amount charged to each appropriation by program, and services provided to each child through each blended funding project and report this information to the appropriate committees of the legislature by December 1st of each year, beginning in December 1, 2000.

NEW SECTION.  Sec. 40   RCW 70.190.005 is recodified as a section in chapter 43.121 RCW.

NEW SECTION.  Sec. 41   The following acts or parts of acts are each repealed:
     (1) RCW 43.41.190 (Community network programs -- Recommended legislation) and 1994 sp.s. c 7 s 318;
     (2) RCW 43.121.175 (Home visitation programs -- Definitions) and 2007 c 466 s 2;
     (3) RCW 70.190.010 (Definitions) and 1996 c 132 s 2, 1995 c 399 s 200, & 1992 c 198 s 3;
     (4) RCW 70.190.020 (Consolidate efforts of existing entities) and 1994 sp.s. c 7 s 315 & 1992 c 198 s 4;
     (5) RCW 70.190.030 (Proposals to facilitate services at the community level) and 1994 sp.s. c 7 s 316 & 1992 c 198 s 5;
     (6) RCW 70.190.040 (Finding -- Grants to improve readiness to learn) and 1993 c 336 s 901;
     (7) RCW 70.190.050 (Community networks -- Outcome evaluation) and 1998 c 245 s 122 & 1994 sp.s. c 7 s 207;
     (8) RCW 70.190.060 (Community networks -- Legislative intent--Membership -- Open meetings) and 2005 c 274 s 345, 1998 c 314 s 12, 1996 c 132 s 3, & 1994 sp.s. c 7 s 303;
     (9) RCW 70.190.065 (Member's authorization of expenditures--Limitation) and 1996 c 132 s 5;
     (10) RCW 70.190.070 (Community networks -- Duties) and 1994 sp.s. c 7 s 304;
     (11) RCW 70.190.075 (Lead fiscal agent) and 1996 c 132 s 4;
     (12) RCW 70.190.080 (Community networks -- Programs and plans) and 1996 c 132 s 6 & 1994 sp.s. c 7 s 305;
     (13) RCW 70.190.085 (Community networks -- Sexual abstinence and activity campaign) and 1994 c 299 s 5;
     (14) RCW 70.190.090 (Community networks -- Planning grants and contracts -- Distribution of funds -- Reports) and 1999 c 309 s 918, 1996 c 132 s 7, & 1994 sp.s. c 7 s 306;
     (15) RCW 70.190.100 (Duties of council) and 1998 c 245 s 123 & 1994 sp.s. c 7 s 307;
     (16) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994 sp.s. c 7 s 308;
     (17) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s 309;
     (18) RCW 70.190.130 (Comprehensive plan -- Approval process -- Network expenditures -- Penalty for noncompliance with chapter) and 1998 c 314 s 13, 1996 c 132 s 8, & 1994 sp.s. c 7 s 310;
     (19) RCW 70.190.150 (Federal restrictions on funds transfers, waivers) and 1994 sp.s. c 7 s 312;
     (20) RCW 70.190.160 (Community networks -- Implementation in federal and state plans) and 1994 sp.s. c 7 s 314;
     (21) RCW 70.190.170 (Transfer of funds and programs to state agency) and 1994 sp.s. c 7 s 320;
     (22) RCW 70.190.180 (Community network -- Grants for use of school facilities) and 1994 sp.s. c 7 s 604;
     (23) RCW 70.190.190 (Network members immune from civil liability--Network assets not subject to attachment or execution) and 1996 c 132 s 9; and
     (24) RCW 74.14C.050 (Implementation and evaluation plan) and 1995 c 311 s 9 & 1992 c 214 s 6.

NEW SECTION.  Sec. 42   RCW 79A.25.220 (Firearms range advisory committee) and 2007 c 241 s 55, 1993 sp.s. c 2 s 71, & 1990 c 195 s 3 are each repealed.

NEW SECTION.  Sec. 43   1997 c 406 s 1 (uncodified) is repealed.

NEW SECTION.  Sec. 44   RCW 19.146.280 (Mortgage broker commission -- Code of conduct -- Complaint review) and 2006 c 19 s 17, 2001 c 177 s 6, 1997 c 106 s 20, 1994 c 33 s 26, & 1993 c 468 s 21 are each repealed.

Sec. 45   RCW 19.146.225 and 2006 c 19 s 14 are each amended to read as follows:
     In accordance with the administrative procedure act, chapter 34.05 RCW, the director may issue rules under this chapter only ((after seeking the advice of the mortgage broker commission and only)) for the purpose of governing the activities of licensed mortgage brokers, loan originators, and other persons subject to this chapter.

Sec. 46   RCW 46.20.520 and 1998 c 245 s 89 are each amended to read as follows:
     (1) The director of licensing shall use moneys designated for the motorcycle safety education account of the highway safety fund to implement by July 1, 1983, a voluntary motorcycle operator training and education program. The director may contract with public and private entities to implement this program.
     (2) ((There is created a motorcycle safety education advisory board to assist the director of licensing in the development of a motorcycle operator training education program. The board shall monitor this program following implementation and report to the director of licensing as necessary with recommendations including, but not limited to, administration, application, and substance of the motorcycle operator training and education program.
     The board shall consist of five members appointed by the director of licensing. Three members of the board, one of whom shall be appointed chairperson, shall be active motorcycle riders or members of nonprofit motorcycle organizations which actively support and promote motorcycle safety education. One member shall be a currently employed Washington state patrol motorcycle officer with at least five years experience and at least one year cumulative experience as a motorcycle officer. One member shall be a member of the public. The term of appointment shall be two years. The board shall meet at the call of the director, but not less than two times annually and not less than five times during its term of appointment, and shall receive no compensation for services but shall be reimbursed for travel expenses while engaged in business of the board in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
     (3))) The priorities of the program shall be in the following order of priority:
     (a) Public awareness of motorcycle safety.
     (b) Motorcycle safety education programs conducted by public and private entities.
     (c) Classroom and on-cycle training.
     (d) Improved motorcycle operator testing.

Sec. 47   RCW 70.149.040 and 2007 c 240 s 1 are each amended to read as follows:
     The director shall:
     (1) Design a program, consistent with RCW 70.149.120, for providing pollution liability insurance for heating oil tanks that provides up to sixty thousand dollars per occurrence coverage and aggregate limits, and protects the state of Washington from unwanted or unanticipated liability for accidental release claims;
     (2) Administer, implement, and enforce the provisions of this chapter. To assist in administration of the program, the director is authorized to appoint up to two employees who are exempt from the civil service law, chapter 41.06 RCW, and who shall serve at the pleasure of the director;
     (3) Administer the heating oil pollution liability trust account, as established under RCW 70.149.070;
     (4) Employ and discharge, at his or her discretion, agents, attorneys, consultants, companies, organizations, and employees as deemed necessary, and to prescribe their duties and powers, and fix their compensation;
     (5) Adopt rules under chapter 34.05 RCW as necessary to carry out the provisions of this chapter;
     (6) Design and from time to time revise a reinsurance contract providing coverage to an insurer or insurers meeting the requirements of this chapter. The director is authorized to provide reinsurance through the pollution liability insurance program trust account;
     (7) Solicit bids from insurers and select an insurer to provide pollution liability insurance for third-party bodily injury and property damage, and corrective action to owners and operators of heating oil tanks;
     (8) Register, and design a means of accounting for, operating heating oil tanks;
     (9) Implement a program to provide advice and technical assistance to owners and operators of active and abandoned heating oil tanks if contamination from an active or abandoned heating oil tank is suspected. Advice and assistance regarding administrative and technical requirements may include observation of testing or site assessment and review of the results of reports. If the director finds that contamination is not present or that the contamination is apparently minor and not a threat to human health or the environment, the director may provide written opinions and conclusions on the results of the investigation to owners and operators of active and abandoned heating oil tanks. The agency is authorized to collect, from persons requesting advice and assistance, the costs incurred by the agency in providing such advice and assistance. The costs may include travel costs and expenses associated with review of reports and preparation of written opinions and conclusions. Funds from cost reimbursement must be deposited in the heating oil pollution liability trust account. The state of Washington, the pollution liability insurance agency, and its officers and employees are immune from all liability, and no cause of action arises from any act or omission in providing, or failing to provide, such advice, opinion, conclusion, or assistance;
     (10) Establish a public information program to provide information regarding liability, technical, and environmental requirements associated with active and abandoned heating oil tanks;
     (11) Monitor agency expenditures and seek to minimize costs and maximize benefits to ensure responsible financial stewardship;
     (12) ((Create an advisory committee of stakeholders to advise the director on all aspects of program operations and fees authorized by this chapter, including pollution prevention programs. The advisory committee must have one member each from the Pacific Northwest oil heat council, the Washington oil marketers association, the western states petroleum association, and the department of ecology and three members from among the owners of home heating oil tanks registered with the pollution liability insurance agency who are generally representative of the geographical distribution and types of registered owners. The committee should meet at least quarterly, or more frequently at the discretion of the director; and
     (13))) Study if appropriate user fees to supplement program funding are necessary and develop recommendations for legislation to authorize such fees.

Sec. 48   RCW 79A.75.900 and 2004 c 14 s 5 are each amended to read as follows:
     This act expires ((December 31, 2013)) June 30, 2009.

NEW SECTION.  Sec. 49   The following acts or parts of acts are each repealed:
     (1) RCW 43.09.430 (Performance audits -- Definitions) and 2005 c 385 s 2;
     (2) RCW 43.09.435 (Performance audits -- Citizen advisory board) and 2005 c 385 s 3;
     (3) RCW 43.09.440 (Performance audits -- Collaboration with joint legislative audit and review committee -- Criteria -- Statewide performance review -- Contracting out -- Release of audit reports) and 2005 c 385 s 5;
     (4) RCW 43.09.445 (Performance audits -- Local jurisdictions) and 2005 c 385 s 6;
     (5) RCW 43.09.450 (Performance audits -- Audit of performance audit program) and 2005 c 385 s 8;
     (6) RCW 43.09.455 (Performance audits -- Follow-up and corrective action -- Progress reports) and 2005 c 385 s 9; and
     (7) RCW 43.09.460 (Performance audits -- Appropriation -- Budget request) and 2005 c 385 s 11.

Sec. 50   RCW 70.14.060 and 2005 c 129 s 1 are each amended to read as follows:
     (1) The administrator of the state health care authority shall, directly or by contract, adopt policies necessary for establishment of a prescription drug purchasing consortium. The consortium's purchasing activities shall be based upon the evidence-based prescription drug program established under RCW 70.14.050. State purchased health care programs as defined in RCW 41.05.011 shall purchase prescription drugs through the consortium for those prescription drugs that are purchased directly by the state and those that are purchased through reimbursement of pharmacies, unless exempted under this section. The administrator shall not require any supplemental rebate offered to the department of social and health services by a pharmaceutical manufacturer for prescription drugs purchased for medical assistance program clients under chapter 74.09 RCW be extended to any other state purchased health care program, or to any other individuals or entities participating in the consortium. The administrator shall explore joint purchasing opportunities with other states.
     (2) Participation in the purchasing consortium shall be offered as an option beginning January 1, 2006. Participation in the consortium is purely voluntary for units of local government, private entities, labor organizations, and for individuals who lack or are underinsured for prescription drug coverage. The administrator may set reasonable fees, including enrollment fees, to cover administrative costs attributable to participation in the prescription drug consortium.
     (3) ((The prescription drug consortium advisory committee is created within the authority. The function of the prescription drug advisory committee is to advise the administrator of the state health care authority on the implementation of the prescription drug purchasing consortium.
     (4) The prescription drug consortium advisory committee shall be composed of eleven members selected as provided in this subsection.
     (a) The administrator shall select one member of the prescription drug consortium advisory committee from each list of three nominees submitted by statewide organizations representing the following:
     (i) One representative of state employees, who represents an employee union certified as exclusive representative of at least one bargaining unit of classified employees;
     (ii) One member who is a licensed physician;
     (iii) One member who is a licensed pharmacist;
     (iv) One member who is a licensed advanced registered nurse practitioner;
     (v) One member representing a health carrier licensed under Title 48 RCW; and
     (vi) One member representing unions that represent private sector employees;
     (b) The administrator shall select two members of the advisory committee from a list of nominees submitted by statewide organizations representing consumers. One of the consumer members shall have knowledge or experience regarding senior citizen prescription drug cost and utilization issues;
     (c) The administrator shall select two members of the advisory committee from a list of nominees submitted by statewide organizations representing business, one of whom shall represent small businesses who employ fifty or fewer employees and one of whom shall represent large businesses; and
     (d) The administrator shall select one member who is versed in biologic medicine through research or academia from the University of Washington or Washington State University.
     (5) The administrator shall consult with the advisory committee on at least a quarterly basis on significant policy decisions related to implementation of the purchasing consortium.
     (6))) This section does not apply to state purchased health care services that are purchased from or through health carriers as defined in RCW 48.43.005, or group model health maintenance organizations that are accredited by the national committee for quality assurance.
     (((7))) (4) The state health care authority is authorized to adopt rules implementing chapter 129, Laws of 2005.
     (((8))) (5) State purchased health care programs are exempt from the requirements of this section if they can demonstrate to the administrator that, as a result of the availability of federal programs or other purchasing arrangements, their other purchasing mechanisms will result in greater discounts and aggregate cost savings than would be realized through participation in the consortium.

NEW SECTION.  Sec. 51   RCW 4.92.230 (Risk management -- Advisory committee created -- Duties) and 2002 c 332 s 19 & 1989 c 419 s 7 are each repealed.

Sec. 52   RCW 4.92.130 and 2002 c 332 s 14 are each amended to read as follows:
     A liability account in the custody of the treasurer is hereby created as a nonappropriated account to be used solely and exclusively for the payment of liability settlements and judgments against the state under 42 U.S.C. Sec. 1981 et seq. or for the tortious conduct of its officers, employees, and volunteers and all related legal defense costs.
     (1) The purpose of the liability account is to: (a) Expeditiously pay legal liabilities and defense costs of the state resulting from tortious conduct; (b) promote risk control through a cost allocation system which recognizes agency loss experience, levels of self-retention, and levels of risk exposure; and (c) establish an actuarially sound system to pay incurred losses, within defined limits.
     (2) The liability account shall be used to pay claims for injury and property damages and legal defense costs exclusive of agency-retained expenses otherwise budgeted.
     (3) No money shall be paid from the liability account, except for defense costs, unless all proceeds available to the claimant from any valid and collectible liability insurance shall have been exhausted and unless:
     (a) The claim shall have been reduced to final judgment in a court of competent jurisdiction; or
     (b) The claim has been approved for payment.
     (4) The liability account shall be financed through annual premiums assessed to state agencies, based on sound actuarial principles, and shall be for liability coverage in excess of agency-budgeted self-retention levels.
     (5) Annual premium levels shall be determined by the risk manager((, with the consultation and advice of the risk management advisory committee)). An actuarial study shall be conducted to assist in determining the appropriate level of funding.
     (6) Disbursements for claims from the liability account shall be made to the claimant, or to the clerk of the court for judgments, upon written request to the state treasurer from the risk manager.
     (7) The director may direct agencies to transfer moneys from other funds and accounts to the liability account if premiums are delinquent.
     (8) The liability account shall not exceed fifty percent of the actuarial value of the outstanding liability as determined annually by the risk management division. If the account exceeds the maximum amount specified in this section, premiums may be adjusted by the risk management division in order to maintain the account balance at the maximum limits. If, after adjustment of premiums, the account balance remains above the limits specified, the excess amount shall be prorated back to the appropriate funds.

NEW SECTION.  Sec. 53   The following acts or parts of acts are each repealed:
     (1) RCW 21.20.550 (State advisory committee -- Composition, appointment, qualifications) and 1973 1st ex.s. c 171 s 3 & 1959 c 282 s 55;
     (2) RCW 21.20.560 (State advisory committee -- Chairperson, secretary -- Meetings) and 1979 ex.s. c 68 s 39, 1973 1st ex.s. c 171 s 4, & 1959 c 282 s 56;
     (3) RCW 21.20.570 (State advisory committee -- Terms -- Vacancies) and 1959 c 282 s 57;
     (4) RCW 21.20.580 (State advisory committee -- Duties) and 1981 c 272 s 10, 1979 ex.s. c 68 s 40, & 1959 c 282 s 58; and
     (5) RCW 21.20.590 (State advisory committee -- Reimbursement of travel expenses) and 1981 c 272 s 11, 1975-'76 2nd ex.s. c 34 s 65, & 1959 c 282 s 59.

Sec. 54   RCW 18.84.040 and 2008 c 246 s 4 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) Set all registration, certification, and renewal fees in accordance with RCW 43.70.250;
     (c) Establish forms and procedures necessary to administer this chapter;
     (d) Evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a certificate;
     (e) Determine whether alternative methods of training are equivalent to formal education, and to establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to receive a certificate;
     (f) Issue a certificate to any applicant who has met the education, training, examination, and conduct requirements for certification; and
     (g) Issue a registration to an applicant who meets the requirement for a registration.
     (2) The secretary may hire clerical, administrative, and investigative staff as needed to implement this chapter.
     (3) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications, unregistered and uncertified practice, and the discipline of registrants and certificants under this chapter. The secretary is the disciplining authority under this chapter.
     (((4) The secretary may appoint ad hoc members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.))

Sec. 55   RCW 18.84.070 and 1994 sp.s. c 9 s 507 are each amended to read as follows:
     The secretary((, ad hoc committee members,)) or individuals acting on ((their)) his or her behalf are immune from suit in any civil action based on any certification or disciplinary proceedings or other official acts performed in the course of their duties.

NEW SECTION.  Sec. 56   The following acts or parts of acts are each repealed:
     (1) RCW 17.15.040 (Interagency integrated pest management coordinating committee--Creation--Composition--Duties--Public notice--Progress reports) and 1997 c 357 s 5;
     (2) RCW 17.21.230 (Pesticide advisory board) and 1994 c 283 s 26, 1989 c 380 s 54, 1988 c 36 s 8, 1974 ex.s. c 20 s 1, 1971 ex.s. c 191 s 8, 1967 c 177 s 14, & 1961 c 249 s 23;
     (3) RCW 17.21.240 (Pesticide advisory board -- Vacancies) and 1994 c 283 s 27, 1989 c 380 s 55, & 1961 c 249 s 24;
     (4) RCW 17.21.250 (Pesticide advisory board -- Duties) and 1989 c 380 s 56 & 1961 c 249 s 25;
     (5) RCW 17.21.260 (Pesticide advisory board -- Officers, meetings) and 1994 c 283 s 28, 1989 c 380 s 57, & 1961 c 249 s 26;
     (6) RCW 17.21.270 (Pesticide advisory board -- Travel expenses) and 1989 c 380 s 58, 1975-'76 2nd ex.s. c 34 s 24, & 1961 c 249 s 27;
     (7) RCW 70.104.070 (Pesticide incident reporting and tracking review panel -- Intent) and 1989 c 380 s 67; and
     (8) RCW 70.104.080 (Pesticide panel -- Generally) and 1994 c 264 s 41, 1991 c 3 s 363, & 1989 c 380 s 68.

Sec. 57   RCW 70.104.090 and 1991 c 3 s 364 are each amended to read as follows:
     ((The responsibilities of the review panel shall include, but not be limited to:
     (1) Establishing guidelines for centralizing the receipt of information relating to actual or alleged health and environmental incidents involving pesticides;
     (2) Reviewing and making recommendations for procedures for investigation of pesticide incidents, which shall be implemented by the appropriate agency unless a written statement providing the reasons for not adopting the recommendations is provided to the review panel;
     (3) Monitoring the time periods required for response to reports of pesticide incidents by the departments of agriculture, health, and labor and industries;
     (4) At the request of the chair or any panel member, reviewing pesticide incidents of unusual complexity or those that cannot be resolved;
     (5) Identifying inadequacies in state and/or federal law that result in insufficient protection of public health and safety, with specific attention to advising the appropriate agencies on the adequacy of pesticide reentry intervals established by the federal environmental protection agency and registered pesticide labels to protect the health and safety of farmworkers. The panel shall establish a priority list for reviewing reentry intervals, which considers the following criteria:
     (a) Whether the pesticide is being widely used in labor-intensive agriculture in Washington;
     (b) Whether another state has established a reentry interval for the pesticide that is longer than the existing federal reentry interval;
     (c) The toxicity category of the pesticide under federal law;
     (d) Whether the pesticide has been identified by a federal or state agency or through a scientific review as presenting a risk of cancer, birth defects, genetic damage, neurological effects, blood disorders, sterility, menstrual dysfunction, organ damage, or other chronic or subchronic effects; and
     (e) Whether reports or complaints of ill effects from the pesticide have been filed following worker entry into fields to which the pesticide has been applied; and
     (6) Reviewing and approving an annual report prepared by)) The department of health shall prepare an annual report to the governor, agency heads, and members of the legislature, with the same available to the public. The report shall include, at a minimum:
     (((a))) (1) A summary of the year's activities;
     (((b))) (2) A synopsis of the cases reviewed;
     (((c))) (3) A separate descriptive listing of each case in which adverse health or environmental effects due to pesticides were found to occur;
     (((d))) (4) A tabulation of the data from each case;
     (((e))) (5) An assessment of the effects of pesticide exposure in the workplace;
     (((f))) (6) The identification of trends, issues, and needs; and
     (((g))) (7) Any recommendations for improved pesticide use practices.

Sec. 58   RCW 15.92.070 and 1991 c 341 s 8 are each amended to read as follows:
     The laboratory is advised by a board appointed by the dean of the Washington State University college of agriculture and home economics. The dean shall cooperate with appropriate officials in Washington, Idaho, and Oregon in selecting board members.
     (1) The board shall consist of one representative from each of the following interests: A human toxicologist or a health professional knowledgeable in worker exposure to pesticides, the Washington State University vice-provost for research or research administrator, representatives from the state department of agriculture, the department of ecology, the department of health, the department of labor and ((industry [industries])) industries, privately owned Washington pesticide analytical laboratories, federal regional pesticide laboratories, an Idaho and Oregon laboratory, whether state, university, or private, a chemical and fertilizer industry representative, farm organizations, food processors, marketers, farm labor, environmental organizations, and consumers. Each board member shall serve a three-year term. The members of the board shall serve without compensation but shall be reimbursed for travel expenses incurred while engaged in the business of the board as provided in RCW 43.03.050 and 43.03.060.
     (2) The board ((is in liaison with the pesticide advisory board and the pesticide incident reporting and tracking panel and)) shall review the chemicals investigated by the laboratory according to the following criteria:
     (a) Chemical uses for which a database exists on environmental fate and acute toxicology, and that appear safer environmentally than pesticides available on the market;
     (b) Chemical uses not currently under evaluation by public laboratories in Idaho or Oregon for use on Washington crops;
     (c) Chemicals that have lost or may lose their registration and that no reasonably viable alternatives for Washington crops are known; and
     (d) Other chemicals vital to Washington agriculture.
     (3) The laboratory shall conduct research activities using approved good laboratory practices, namely procedures and recordkeeping required of the national IR-4 minor use pesticide registration program.
     (4) The laboratory shall coordinate activities with the national IR-4 program.

Sec. 59   RCW 17.21.020 and 2004 c 100 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) "Agricultural commodity" means any plant or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.
     (2) "Agricultural land" means land on which an agricultural commodity is produced or land that is in a government-recognized conservation reserve program. This definition does not apply to private gardens where agricultural commodities are produced for personal consumption.
     (3) "Antimicrobial pesticide" means a pesticide that is used for the control of microbial pests, including but not limited to viruses, bacteria, algae, and protozoa, and is intended for use as a disinfectant or sanitizer.
     (4) "Apparatus" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in such land, but shall not include any pressurized handsized household device used to apply any pesticide, or any equipment, device, or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application, or any other small equipment, device, or contrivance that is transported in a piece of equipment licensed under this chapter as an apparatus.
     (5) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
     (6) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, private applicator, limited private applicator, rancher private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA or the director as a restricted use pesticide.
     (7) "Commercial pesticide applicator" means any person who engages in the business of applying pesticides to the land of another.
     (8) "Commercial pesticide operator" means any employee of a commercial pesticide applicator who uses or supervises the use of any pesticide and who is required to be licensed under provisions of this chapter.
     (9) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.
     (10) "Department" means the Washington state department of agriculture.
     (11) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.
     (12) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, but not including equipment used for the application of pesticides when sold separately from the pesticides.
     (13) "Direct supervision" by certified private applicators shall mean that the designated restricted use pesticide shall be applied for purposes of producing any agricultural commodity on land owned or rented by the applicator or the applicator's employer, by a competent person acting under the instructions and control of a certified private applicator who is available if and when needed, even though such certified private applicator is not physically present at the time and place the pesticide is applied. The certified private applicator shall have direct management responsibility and familiarity of the pesticide, manner of application, pest, and land to which the pesticide is being applied. Direct supervision by all other certified applicators means direct on-the-job supervision and shall require that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. However, direct supervision for forest application does not require constant voice and visual contact when general use pesticides are applied using nonapparatus type equipment, the certified applicator is physically present and readily available in the immediate application area, and the certified applicator directly observes pesticide mixing and batching. Direct supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.
     (14) "Director" means the director of the department or a duly authorized representative.
     (15) "Engage in business" means any application of pesticides by any person upon lands or crops of another.
     (16) "EPA" means the United States environmental protection agency.
     (17) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.
     (18) "FIFRA" means the federal insecticide, fungicide and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
     (19) "Forest application" means the application of pesticides to agricultural land used to grow trees for the commercial production of wood or wood fiber for products such as dimensional lumber, shakes, plywood, poles, posts, pilings, particle board, hardboard, oriented strand board, pulp, paper, cardboard, or other similar products.
     (20) "Fumigant" means any pesticide product or combination of products that is a vapor or gas or forms a vapor or gas on application and whose method of pesticidal action is through the gaseous state.
     (21) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, and yeasts, except those on or in a living person or other animals.
     (22) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.
     (23) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed or other higher plant.
     (24) "Immediate service call" means a landscape application to satisfy an emergency customer request for service, or a treatment to control a pest to landscape plants.
     (25) "Insect" means any small invertebrate animal, in any life stage, whose adult form is segmented and which generally belongs to the class insecta, comprised of six-legged, usually winged forms, as, for example, beetles, bugs, bees, and flies. The term insect shall also apply to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
     (26) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insect.
     (27) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices, and contrivances, appurtenant to or situated on, fixed or mobile, including any used for transportation.
     (28) "Landscape application" means an application of any EPA registered pesticide to any exterior landscape area around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a) Applications made by private applicators, limited private applicators, or rancher private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control programs sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.
     (29) "Limited private applicator" means a certified applicator who uses or is in direct supervision, as defined for private applicators in this section, of the use of any herbicide classified by the EPA or the director as a restricted use pesticide, for the sole purpose of controlling weeds on nonproduction agricultural land owned or rented by the applicator or the applicator's employer. Limited private applicators may also use restricted use pesticides on timber areas, excluding aquatic sites, to control weeds designated for mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state and local regulations adopted under chapters 17.04, 17.06, and 17.10 RCW. A limited private applicator may apply restricted use herbicides to the types of land described in this subsection of another person if applied without compensation other than trading of personal services between the applicator and the other person. This license is only valid when making applications in counties of Washington located east of the crest of the Cascade mountains.
     (30) "Limited production agricultural land" means land used to grow hay and grain crops that are consumed by the livestock on the farm where produced. No more than ten percent of the hay and grain crops grown on limited production agricultural land may be sold each crop year. Limited production agricultural land does not include aquatic sites.
     (31) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.
     (32) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts. Nematodes may also be called nemas or eelworms.
     (33) "Nonproduction agricultural land" means pastures, rangeland, fencerows, and areas around farm buildings but not aquatic sites.
     (34) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.
     (35) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form of plant or animal life or virus, except virus, bacteria, or other microorganisms on or in a living person or other animal or in or on processed food or beverages or pharmaceuticals, which is normally considered to be a pest, or which the director may declare to be a pest.
     (36) "Pesticide" means, but is not limited to:
     (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any pest;
     (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and
     (c) Any spray adjuvant as defined in RCW 15.58.030.
     (37) (("Pesticide advisory board" means the pesticide advisory board as provided for in this chapter.
     (38))) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
     (((39))) (38) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of any pesticide classified by the EPA or the director as a restricted use pesticide, for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.
     (((40))) (39) "Private-commercial applicator" means a certified applicator who uses or supervises the use of any pesticide classified by the EPA or the director as a restricted use pesticide for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.
     (((41))) (40) "Rancher private applicator" means a certified applicator who uses or is in direct supervision, as defined for private applicators in this section, of the use of any herbicide or any rodenticide classified by the EPA or the director as a restricted use pesticide for the purpose of controlling weeds and pest animals on nonproduction agricultural land and limited production agricultural land owned or rented by the applicator or the applicator's employer. Rancher private applicators may also use restricted use pesticides on timber areas, excluding aquatic sites, to control weeds designated for mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state and local regulations adopted under chapters 17.04, 17.06, and 17.10 RCW. A rancher private applicator may apply restricted use herbicides and rodenticides to the types of land described in this subsection of another person if applied without compensation other than trading of personal services between the applicator and the other person. This license is only valid when making applications in counties of Washington located east of the crest of the Cascade mountains.
     (((42))) (41) "Residential property" includes property less than one acre in size zoned as residential by a city, town, or county, but does not include property zoned as agricultural or agricultural homesites.
     (((43))) (42) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.
     (((44))) (43) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.
     (((45))) (44) "School facility" means any facility used for licensed day care center purposes or for the purposes of a public kindergarten or public elementary or secondary school. School facility includes the buildings or structures, playgrounds, landscape areas, athletic fields, school vehicles, or any other area of school property.
     (((46))) (45) "Snails or slugs" include all harmful mollusks.
     (((47))) (46) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.
     (((48))) (47) "Weed" means any plant which grows where it is not wanted.

Sec. 60   RCW 70.94.524 and 2006 c 329 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) "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year.
     (2) "Major worksite" means a building or group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way, and at which there are one hundred or more full-time employees, who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months.
     (3) "Major employment installation" means a military base or federal reservation, excluding tribal reservations, at which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months during the year.
     (4) "Person hours of delay" means the daily person hours of delay per mile in the peak period of 6:00 a.m. to 9:00 a.m., as calculated using the best available methodology by the department of transportation.
     (5) "Commute trip" means trips made from a worker's home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. on weekdays.
     (6) "Proportion of single-occupant vehicle commute trips" means the number of commute trips made by single-occupant automobiles divided by the number of full-time employees.
     (7) "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.
     (8) "Base year" means the twelve-month period commencing when a major employer is determined to be participating by the local jurisdiction, on which commute trip reduction goals shall be based.
     (9) "Growth and transportation efficiency center" means a defined, compact, mixed-use urban area that contains jobs or housing and supports multiple modes of transportation. For the purpose of funding, a growth and transportation efficiency center must meet minimum criteria established by the ((commute trip reduction board under RCW 70.94.537)) department of transportation, and must be certified by a regional transportation planning organization as established in RCW 47.80.020.
     (10)(a) "Affected urban growth area" means:
     (i) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, and any contiguous urban growth areas; and
     (ii) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas.
     (b) Affected urban growth areas will be listed by the department of transportation in the rules for chapter 329, Laws of 2006 using the criteria identified in (a) of this subsection.
     (11) "Certification" means a determination by a regional transportation planning organization that a locally designated growth and transportation efficiency center program meets the minimum criteria developed in a collaborative regional process and the rules established by the department of transportation.

Sec. 61   RCW 70.94.527 and 2006 c 329 s 2 are each amended to read as follows:
     (1) Each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth areas, shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area by a date specified by the ((commute trip reduction board)) department of transportation. Jurisdictions located within an urban growth area with a population greater than seventy thousand that adopted a commute trip reduction ordinance before the year 2000, as well as any jurisdiction within contiguous urban growth areas, shall also adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area by a date specified by the ((commute trip reduction board)) department of transportation. Jurisdictions containing a major employment installation in a county with an affected growth area, designated pursuant to RCW 36.70A.110, shall adopt a commute trip reduction plan and ordinance for major employers in the major employment installation by a date specified by the ((commute trip reduction board)) department of transportation. The ordinance shall establish the requirements for major employers and provide an appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of the ordinance, may obtain waiver or modification of those requirements. The plan shall be designed to achieve reductions in the proportion of single-occupant vehicle commute trips and be consistent with the rules established by the department of transportation. The county, city, or town shall submit its adopted plan to the regional transportation planning organization. The county, city, or town plan shall be included in the regional commute trip reduction plan for regional transportation planning purposes, consistent with the rules established by the department of transportation in RCW 70.94.537.
     (2) All other counties, cities, and towns may adopt and implement a commute trip reduction plan consistent with department of transportation rules established under RCW 70.94.537. Tribal governments are encouraged to adopt a commute trip reduction plan for their lands. State investment in voluntary commute trip reduction plans shall be limited to those areas that meet criteria developed by the ((commute trip reduction board)) department of transportation.
     (3) The department of ecology may, after consultation with the department of transportation, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.
     (4) A commute trip reduction plan shall be consistent with the rules established under RCW 70.94.537 and shall include but is not limited to (a) goals for reductions in the proportion of single- occupant vehicle commute trips consistent with the state goals ((established by the commute trip reduction board under RCW 70.94.537)) and the regional commute trip reduction plan goals established in the regional commute trip reduction plan; (b) a description of the requirements for major public and private sector employers to implement commute trip reduction programs; (c) a commute trip reduction program for employees of the county, city, or town; and (d) means, consistent with rules established by the department of transportation, for determining base year values and progress toward meeting commute trip reduction plan goals. The plan shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
     (5) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues. Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction. Counties, cities, and towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, transportation management associations or other private or nonprofit providers of transportation services, or regional transportation planning organizations to coordinate the development and implementation of such plans. Transit agencies shall work with counties, cities, and towns as a part of their six-year transit development plan established in RCW 35.58.2795 to take into account the location of major employer worksites when planning and prioritizing transit service changes or the expansion of public transportation services, including rideshare services. Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070. Regional transportation planning organizations shall review the local commute trip reduction plans during the development and update of the regional commute trip reduction plan.
     (6) Each affected regional transportation planning organization shall adopt a commute trip reduction plan for its region consistent with the rules and deadline established by the department of transportation under RCW 70.94.537. The plan shall include, but is not limited to: (a) Regional program goals for commute trip reduction in urban growth areas and all designated growth and transportation efficiency centers; (b) a description of strategies for achieving the goals; (c) a sustainable financial plan describing projected revenues and expenditures to meet the goals; (d) a description of the way in which progress toward meeting the goals will be measured; and (e) minimum criteria for growth and transportation efficiency centers. (i) Regional transportation planning organizations shall review proposals from local jurisdictions to designate growth and transportation efficiency centers and shall determine whether the proposed growth and transportation efficiency center is consistent with the criteria defined in the regional commute trip reduction plan. (ii) Growth and transportation efficiency centers certified as consistent with the minimum requirements by the regional transportation planning organization shall be identified in subsequent updates of the regional commute trip reduction plan. These plans shall be developed in collaboration with all affected local jurisdictions, transit agencies, and other interested parties within the region. The plan will be reviewed and approved by (([the] commute trip reduction board as established under RCW 70.94.537)) the department of transportation. Regions without an approved regional commute trip reduction plan shall not be eligible for state commute trip reduction program funds.
     The regional commute trip reduction plan shall be consistent with and incorporated into transportation demand management components in the regional transportation plan as required by RCW 47.80.030.
     (7) Each regional transportation planning organization implementing a regional commute trip reduction program shall, consistent with the rules and deadline established by the department of transportation, submit its plan as well as any related local commute trip reduction plans and certified growth and transportation efficiency center programs, to the ((commute trip reduction board established under RCW 70.94.537)) department of transportation. The ((commute trip reduction board)) department of transportation shall review the regional commute trip reduction plan and the local commute trip reduction plans. The regional transportation planning organization shall collaborate with the ((commute trip reduction board)) department of transportation to evaluate the consistency of local commute trip reduction plans with the regional commute trip reduction plan. Local and regional plans must be approved by the ((commute trip reduction board)) department of transportation in order to be eligible for state funding provided for the purposes of this chapter.
     (8) Each regional transportation planning organization implementing a regional commute trip reduction program shall submit an annual progress report to the ((commute trip reduction board established under RCW 70.94.537)) department of transportation. The report shall be due at the end of each state fiscal year for which the program has been implemented. The report shall describe progress in attaining the applicable commute trip reduction goals and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the ((commute trip reduction board)) department of transportation.
     (9) Any waivers or modifications of the requirements of a commute trip reduction plan granted by a jurisdiction shall be submitted for review to the ((commute trip reduction board established under RCW 70.94.537)) department of transportation. The ((commute trip reduction board)) department of transportation may not deny the granting of a waiver or modification of the requirements of a commute trip reduction plan by a jurisdiction but they may notify the jurisdiction of any comments or objections.
     (10) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees.
     (11) Plans implemented under this section shall not apply to construction worksites when the expected duration of the construction project is less than two years.
     (12) If an affected urban growth area has not previously implemented a commute trip reduction program and the state has funded solutions to state highway deficiencies to address the area's exceeding the person hours of delay threshold, the affected urban growth area shall be exempt from the duties of this section for a period not exceeding two years.

Sec. 62   RCW 70.94.528 and 2006 c 329 s 4 are each amended to read as follows:
     (1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in the designated area.
     (a) The transportation demand management program for the growth and transportation efficiency center shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
     (b) In order to be eligible for state funding provided for the purposes of this section, designated growth and transportation efficiency centers shall be certified by the applicable regional transportation organization to: (i) Meet the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit agencies, the regional transportation planning organization, and other interested parties as part of the regional commute trip reduction plan; and (ii) have established a transportation demand management program that includes the elements identified in (c) of this subsection and is consistent with the rules established by the department of transportation in RCW 70.94.537(((2))) (1). If a designated growth and transportation efficiency center is denied certification, the local jurisdiction may appeal the decision to the ((commute trip reduction board)) department of transportation.
     (c) Transportation demand management programs for growth and transportation efficiency centers shall include, but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more aggressive than the state program goal ((established by the commute trip reduction board)); (ii) a sustainable financial plan demonstrating how the program can be implemented to meet state and regional trip reduction goals, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques consistent with chapter 47.29 RCW, including public/private partnerships, to finance needed facilities, services, and programs; (iii) a proposed organizational structure for implementing the program; (iv) a proposal to measure performance toward the goal and implementation progress; and (v) an evaluation to which local land use and transportation policies apply, including parking policies and ordinances, to determine the extent that they complement and support the trip reduction investments of major employers. Each of these program elements shall be consistent with the rules established under RCW 70.94.537.
     (d) A designated growth and transportation efficiency center shall be consistent with the land use and transportation elements of the local comprehensive plan.
     (e) Transit agencies, local governments, and regional transportation planning organizations shall identify certified growth and transportation efficiency centers as priority areas for new service and facility investments in their respective investment plans.
     (2) A county, city, or town that has established a growth and transportation efficiency center program shall support vehicle trip reduction activities in the designated area. The implementing jurisdiction shall adopt policies, ordinances, and funding strategies that will lead to attainment of program goals in those areas.

Sec. 63   RCW 70.94.534 and 2006 c 329 s 6 are each amended to read as follows:
     (1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW 36.70A.070 shall review each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable commute trip reduction goals. The employer shall be notified by the jurisdiction of its findings. If the jurisdiction finds that the program is not likely to meet the applicable commute trip reduction goals, the jurisdiction will work with the employer to modify the program as necessary. The jurisdiction shall complete review of each employer's initial commute trip reduction program within ninety days of receipt.
     (2) Employers implementing commute trip reduction programs are expected to undertake good faith efforts to achieve the goals outlined in RCW 70.94.527(4). Employers are considered to be making a good faith effort if the following conditions have been met:
     (a) The employer has met the minimum requirements identified in RCW 70.94.531;
     (b) The employer has notified the jurisdiction of its intent to substantially change or modify its program and has either received the approval of the jurisdiction to do so or has acknowledged that its program may not be approved without additional modifications;
     (c) The employer has provided adequate information and documentation of implementation when requested by the jurisdiction; and
     (d) The employer is working collaboratively with its jurisdiction to continue its existing program or is developing and implementing program modifications likely to result in improvements to the program over an agreed upon length of time.
     (3) Each jurisdiction shall review at least once every two years each employer's progress and good faith efforts toward meeting the applicable commute trip reduction goals. If an employer makes a good faith effort, as defined in this section, but is not likely to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the employer to make modifications to the commute trip reduction program. Failure of an employer to reach the applicable commute trip reduction goals is not a violation of this chapter.
     (4) If an employer fails to make a good faith effort and fails to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the employer to propose modifications to the program and shall direct the employer to revise its program within thirty days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.
     (5) Each jurisdiction implementing a commute trip reduction plan pursuant to this chapter may impose civil penalties, in the manner provided in chapter 7.80 RCW, for failure by an employer to implement a commute trip reduction program or to modify its commute trip reduction program as required in subsection (4) of this section. No major employer may be held liable for civil penalties for failure to reach the applicable commute trip reduction goals. No major employer shall be liable for civil penalties under this chapter if failure to achieve a commute trip reduction program goal was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith.
     (6) Jurisdictions shall notify major employers of the procedures for applying for goal modification or exemption from the commute trip reduction requirements based on the guidelines established by the ((commute trip reduction board authorized under RCW 70.94.537)) department of transportation.

Sec. 64   RCW 70.94.537 and 2006 c 329 s 7 are each amended to read as follows:
     (1) ((A sixteen member state commute trip reduction board is established as follows:
     (a) The secretary of the department of transportation or the secretary's designee who shall serve as chair;
     (b) One representative from the office of the governor or the governor's designee;
     (c) The director or the director's designee of one of the following agencies, to be determined by the governor:
     (i) Department of general administration;
     (ii) Department of ecology;
     (iii) Department of community, trade, and economic development;
     (d) Three representatives from cities and towns or counties appointed by the governor for staggered four-year terms from a list recommended by the association of Washington cities or the Washington state association of counties;
     (e) Two representatives from transit agencies appointed by the governor for staggered four-year terms from a list recommended by the Washington state transit association;
     (f) Two representatives from participating regional transportation planning organizations appointed by the governor for staggered four-year terms;
     (g) Four representatives of employers at or owners of major worksites in Washington, or transportation management associations, business improvement areas, or other transportation organizations representing employers, appointed by the governor for staggered four-year terms; and
     (h) Two citizens appointed by the governor for staggered four-year terms.
     Members of the commute trip reduction board shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members appointed by the governor shall be compensated in accordance with RCW 43.03.220. The board has all powers necessary to carry out its duties as prescribed by this chapter.
     (2) By March 1, 2007,)) The department of transportation shall establish rules for commute trip reduction plans and implementation procedures. ((The commute trip reduction board shall advise the department on the content of the rules.)) The rules are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, special employer circumstances, and other relevant factors ((the board determines to be relevant)). The rules shall include:
     (a) Guidance criteria for growth and transportation efficiency centers;
     (b) Data measurement methods and procedures for determining the efficacy of commute trip reduction activities and progress toward meeting commute trip reduction plan goals;
     (c) Model commute trip reduction ordinances;
     (d) Methods for assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction;
     (e) An appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification;
     (f) Establishment of a process for determining the state's affected areas, including criteria and procedures for regional transportation planning organizations in consultation with local jurisdictions to propose to add or exempt urban growth areas;
     (g) Listing of the affected areas of the program to be done every four years as identified in subsection (((5))) (4) of this section;
     (h) Establishment of a criteria and application process to determine whether jurisdictions that voluntarily implement commute trip reduction are eligible for state funding;
     (i) Guidelines and deadlines for creating and updating local commute trip reduction plans, including guidance to ensure consistency between the local commute trip reduction plan and the transportation demand management strategies identified in the transportation element in the local comprehensive plan, as required by RCW 36.70A.070;
     (j) Guidelines for creating and updating regional commute trip reduction plans, including guidance to ensure the regional commute trip reduction plan is consistent with and incorporated into transportation demand management components in the regional transportation plan;
     (k) Methods for regional transportation planning organizations to evaluate and certify that designated growth and transportation efficiency center programs meet the minimum requirements and are eligible for funding;
     (l) Guidelines for creating and updating growth and transportation efficiency center programs; and
     (m) Establishment of statewide program goals. The goals shall be designed to achieve substantial reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee, at a level that is projected to improve the mobility of people and goods by increasing the efficiency of the state highway system.
     (((3))) (2) The ((board)) department shall create a state commute trip reduction plan that shall be updated every four years as discussed in subsection (((5))) (4) of this section. The state commute trip reduction plan shall include, but is not limited to: (a) Statewide commute trip reduction program goals that are designed to substantially improve the mobility of people and goods; (b) identification of strategies at the state and regional levels to achieve the goals and recommendations for how transportation demand management strategies can be targeted most effectively to support commute trip reduction program goals; (c) performance measures for assessing the cost-effectiveness of commute trip reduction strategies and the benefits for the state transportation system; and (d) a sustainable financial plan. The ((board)) department shall review and approve regional commute trip reduction plans, and work collaboratively with regional transportation planning organizations in the establishment of the state commute trip reduction plan.
     (((4))) (3) The ((board)) department shall work with affected jurisdictions, major employers, and other parties to develop and implement a public awareness campaign designed to increase the effectiveness of local commute trip reduction programs and support achievement of the objectives identified in this chapter.
     (((5))) (4) The ((board)) department shall evaluate and update the commute trip reduction program plan and recommend changes to the rules every four years, with the first assessment report due July 1, 2011, to ensure that the latest data methodology used by the department of transportation is incorporated into the program and to determine which areas of the state should be affected by the program. The ((board)) department shall review the definition of a major employer no later than December 1, 2009. The ((board)) department shall regularly identify urban growth areas that are projected to be affected by chapter 329, Laws of 2006 in the next four-year period and may provide advance planning support to the potentially affected jurisdictions.
     (((6))) (5) The ((board)) department shall review progress toward implementing commute trip reduction plans and programs and the costs and benefits of commute trip reduction plans and programs and shall make recommendations to the legislature and the governor by December 1, 2009, and every two years thereafter. In assessing the costs and benefits, the ((board)) department shall consider the costs of not having implemented commute trip reduction plans and programs ((with the assistance of the transportation performance audit board authorized under chapter 44.75 RCW)). The ((board)) department shall examine other transportation demand management programs nationally and incorporate its findings into its recommendations to the legislature. The recommendations shall address the need for continuation, modification, or termination or any or all requirements of this chapter.
     (((7) The board shall invite personnel with appropriate expertise from state, regional, and local government, private, public, and nonprofit providers of transportation services, and employers or owners of major worksites in Washington to act as a technical advisory group. The technical advisory group shall advise the board on the implementation of local and regional commute trip reduction plans and programs, program evaluation, program funding allocations, and state rules and guidelines.))

Sec. 65   RCW 70.94.541 and 2006 c 329 s 8 are each amended to read as follows:
     (1) ((The department of transportation shall provide staff support to the commute trip reduction board in carrying out the requirements of RCW 70.94.537.
     (2))) The department of transportation shall provide technical assistance to regional transportation planning organizations, counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in single measurement methodology and practice to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training, and informational materials shall be developed in cooperation with representatives of regional transportation planning organizations, local governments, transit agencies, and employers.
     (((3))) (2) In carrying out this section the department of transportation may contract with statewide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.

NEW SECTION.  Sec. 66   RCW 70.94.544 (Transportation demand management -- Use of funds) and 2006 c 329 s 9, 2001 c 74 s 1, & 1991 c 202 s 17 are each repealed.

Sec. 67   RCW 70.94.551 and 2006 c 329 s 11 are each amended to read as follows:
     (1) The director of the department of general administration ((may coordinate an interagency board for the purpose of developing)), in consultation with state agencies, shall develop policies or guidelines that promote consistency among state agency commute trip reduction programs required by RCW 70.94.527 and 70.94.531. ((The board shall include representatives of the departments of transportation, ecology, and community, trade, and economic development and such other departments and interested groups as the director of the department of general administration determines to be necessary.)) Policies and guidelines shall be applicable to all state agencies including but not limited to policies and guidelines regarding parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative worksites, and the use of state-owned vehicles for car and van pools and guaranteed rides home. The policies and guidelines shall also consider the costs and benefits to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs.
     (2) State agencies sharing a common location in affected urban growth areas where the total number of state employees is one hundred or more shall, with assistance from the department of general administration, develop and implement a joint commute trip reduction program. The worksite shall be treated as specified in RCW 70.94.531 and 70.94.534.
     (3) The department of general administration shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not likely to meet the applicable commute trip reduction goals, the department of general administration will work with the agency to modify the program as necessary.
     (4) Each state agency implementing a commute trip reduction plan shall report at least once per year to its agency director on the performance of the agency's commute trip reduction program as part of the agency's quality management, accountability, and performance system as defined by RCW 43.17.385. The reports shall assess the performance of the program, progress toward state goals established under RCW 70.94.537, and recommendations for improving the program.
     (5) The department of general administration shall review the agency performance reports defined in subsection (4) of this section and submit a biennial report for state agencies subject to this chapter to the governor and incorporate the report in the ((commute trip reduction board)) department of transportation report to the legislature as directed in RCW 70.94.537(((6))) (5). The report shall include, but is not limited to, an evaluation of the most recent measurement results, progress toward state goals established under RCW 70.94.537, and recommendations for improving the performance of state agency commute trip reduction programs. The information shall be reported in a form established by the ((commute trip reduction board)) department of transportation.

Sec. 68   RCW 70.94.996 and 2004 c 229 s 501 are each amended to read as follows:
     (1) To the extent that funds are appropriated, the department of transportation shall administer a performance-based grant program for private employers, public agencies, nonprofit organizations, developers, and property managers who provide financial incentives for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting, including telework, before July 1, 2013, to their own or other employees.
     (2) The amount of the grant will be determined based on the value to the transportation system of the vehicle trips reduced. The ((commute trip reduction task force)) department of transportation shall develop an award rate giving priority to applications achieving the greatest reduction in trips and commute miles per public dollar requested and considering the following criteria: The local cost of providing new highway capacity, congestion levels, and geographic distribution.
     (3) No private employer, public agency, nonprofit organization, developer, or property manager is eligible for grants under this section in excess of one hundred thousand dollars in any fiscal year.
     (4) The total of grants provided under this section may not exceed seven hundred fifty thousand dollars in any fiscal year. However, this subsection does not apply during the 2003-2005 fiscal biennium.
     (5) The department of transportation shall report to the department of revenue by the 15th day of each month the aggregate monetary amount of grants provided under this section in the prior month and the identity of the recipients of those grants.
     (6) The source of funds for this grant program is the multimodal transportation account.
     (7) This section expires January 1, 2014.

Sec. 69   RCW 82.70.060 and 2005 c 319 s 138 are each amended to read as follows:
     The ((commute trip reduction task force)) department of transportation shall determine the effectiveness of the tax credit under RCW 82.70.020, the grant program in RCW 70.94.996, and the relative effectiveness of the tax credit and the grant program as part of its ongoing evaluation of the commute trip reduction law and report to the senate and house transportation committees and to the fiscal committees of the house of representatives and the senate. The report must include information on the amount of tax credits claimed to date and recommendations on future funding between the tax credit program and the grant program. The report must be incorporated into the recommendations required in RCW 70.94.537(((5))) (6).

NEW SECTION.  Sec. 70   RCW 43.360.040 (Washington main street advisory committee) and 2005 c 514 s 911 are each repealed.

NEW SECTION.  Sec. 71   RCW 28B.116.040 (Foster care endowed scholarship advisory board) and 2005 c 215 s 5 are each repealed.

Sec. 72   RCW 28B.116.020 and 2005 c 215 s 3 are each amended to read as follows:
     (1) The foster care endowed scholarship program is created. The purpose of the program is to help students who were in foster care attend an institution of higher education in the state of Washington. The foster care endowed scholarship program shall be administered by the higher education coordinating board.
     (2) In administering the program, the higher education coordinating board's powers and duties shall include but not be limited to:
     (a) Adopting necessary rules and guidelines; and
     (b) Administering the foster care endowed scholarship trust fund and the foster care scholarship endowment fund((; and
     (c) Establishing and assisting the foster care endowed scholarship advisory board in its duties as described in RCW 28B.116.040)).
     (3) In administering the program, the higher education coordinating board's powers and duties may include but not be limited to:
     (a) Working with the department of social and health services and the superintendent of public instruction to provide information about the foster care endowed scholarship program to children in foster care in the state of Washington and to students over the age of sixteen who could be eligible for this program;
     (b) Publicizing the program; and
     (c) Contracting with a private agency to perform outreach to the potentially eligible students.

Sec. 73   RCW 28B.12.040 and 1994 c 130 s 4 are each amended to read as follows:
     ((With the assistance of an advisory committee,)) The higher education coordinating board shall develop and administer the state work-study program. The board shall be authorized to enter into agreements with employers and eligible institutions for the operation of the program. These agreements shall include such provisions as the higher education coordinating board may deem necessary or appropriate to carry out the purposes of this chapter.
     ((The members of the work-study advisory committee may include, but need not be limited to representatives of public and private community colleges, technical colleges, and four-year institutions of higher education; vocational schools; students; community service organizations; public schools; business; and labor. When selecting members of the advisory committee, the board shall consult with institutions of higher education, the state board for community and technical colleges, the workforce training and education coordinating board, and appropriate associations and organizations.)) With the exception of off-campus community service placements, the share from moneys disbursed under the state work-study program of the compensation of students employed under such program in accordance with such agreements shall not exceed eighty percent of the total such compensation paid such students.
     By rule, the board shall define community service placements and may determine any salary matching requirements for any community service employers.

NEW SECTION.  Sec. 74   RCW 46.01.320 (Title and registration advisory committee) and 2005 c 319 s 115, 1996 c 315 s 2, & 1992 c 216 s 3 are each repealed.

Sec. 75   RCW 46.01.325 and 2005 c 319 s 116 are each amended to read as follows:
     (1) The director shall prepare((, with the advice of the title and registration advisory committee,)) an annual comprehensive analysis and evaluation of agent and subagent fees. The director shall make recommendations for agent and subagent fee revisions ((approved by the title and registration advisory committee)) to the senate and house transportation committees by January 1st of every third year starting with 1996. Fee revision recommendations may be made more frequently when justified by the annual analysis and evaluation((, and requested by the title and registration advisory committee)).
     (2) The annual comprehensive analysis and evaluation must consider, but is not limited to:
     (a) Unique and significant financial, legislative, or other relevant developments that may impact fees;
     (b) Current funding for ongoing operating and maintenance automation project costs affecting revenue collection and service delivery;
     (c) Future system requirements including an appropriate sharing of costs between the department, agents, and subagents;
     (d) Beneficial mix of customer service delivery options based on a fee structure commensurate with quality performance standards;
     (e) Appropriate indices projecting state and national growth in business and economic conditions prepared by the United States department of commerce, the department of revenue, and the revenue forecast council for the state of Washington.

Sec. 76   RCW 46.01.140 and 2005 c 343 s 1 are each amended to read as follows:
     (1) The county auditor, if appointed by the director of licensing shall carry out the provisions of this title relating to the licensing of vehicles and the issuance of vehicle license number plates under the direction and supervision of the director and may with the approval of the director appoint assistants as special deputies and recommend subagents to accept applications and collect fees for vehicle licenses and transfers and to deliver vehicle license number plates.
     (2) A county auditor appointed by the director may request that the director appoint subagencies within the county.
     (a) Upon authorization of the director, the auditor shall use an open competitive process including, but not limited to, a written business proposal and oral interview to determine the qualifications of all interested applicants.
     (b) A subagent may recommend a successor who is either the subagent's sibling, spouse, or child, or a subagency employee, as long as the recommended successor participates in the open, competitive process used to select an applicant. In making successor recommendation and appointment determinations, the following provisions apply:
     (i) If a subagency is held by a partnership or corporate entity, the nomination must be submitted on behalf of, and agreed to by, all partners or corporate officers.
     (ii) No subagent may receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not receive any financial benefit from the transfer or termination of an appointment.
     (iii) (a) and (b) of this subsection are intended to assist in the efficient transfer of appointments in order to minimize public inconvenience. They do not create a proprietary or property interest in the appointment.
     (c) The auditor shall submit all proposals to the director, and shall recommend the appointment of one or more subagents who have applied through the open competitive process. The auditor shall include in his or her recommendation to the director, not only the name of the successor who is a relative or employee, if applicable and if otherwise qualified, but also the name of one other applicant who is qualified and was chosen through the open competitive process. The director has final appointment authority.
     (3)(a) A county auditor who is appointed as an agent by the department shall enter into a standard contract provided by the director((, developed with the advice of the title and registration advisory committee)).
     (b) A subagent appointed under subsection (2) of this section shall enter into a standard contract with the county auditor((, developed with the advice of the title and registration advisory committee)). The director shall provide the standard contract to county auditors.
     (c) The contracts provided for in (a) and (b) of this subsection must contain at a minimum provisions that:
     (i) Describe the responsibilities, and where applicable, the liability, of each party relating to the service expectations and levels, equipment to be supplied by the department, and equipment maintenance;
     (ii) Require the specific type of insurance or bonds so that the state is protected against any loss of collected motor vehicle tax revenues or loss of equipment;
     (iii) Specify the amount of training that will be provided by the state, the county auditor, or subagents;
     (iv) Describe allowable costs that may be charged to vehicle licensing activities as provided for in (d) of this subsection;
     (v) Describe the causes and procedures for termination of the contract, which may include mediation and binding arbitration.
     (d) The department shall develop procedures that will standardize and prescribe allowable costs that may be assigned to vehicle licensing and vessel registration and title activities performed by county auditors.
     (e) The contracts may include any provision that the director deems necessary to ensure acceptable service and the full collection of vehicle and vessel tax revenues.
     (f) The director may waive any provisions of the contract deemed necessary in order to ensure that readily accessible service is provided to the citizens of the state.
     (4)(a) At any time any application is made to the director, the county auditor, or other agent pursuant to any law dealing with licenses, registration, or the right to operate any vehicle or vessel upon the public highways or waters of this state, excluding applicants already paying such fee under RCW 46.16.070 or 46.16.085, the applicant shall pay to the director, county auditor, or other agent a fee of three dollars for each application in addition to any other fees required by law.
     (b) Counties that do not cover the expenses of vehicle licensing and vessel registration and title activities may submit to the department a request for cost-coverage moneys. The request must be submitted on a form developed by the department. The department shall develop procedures to verify whether a request is reasonable. Payment shall be made on requests found to be allowable from the licensing services account.
     (c) Applicants for certificates of ownership, including applicants paying fees under RCW 46.16.070 or 46.16.085, shall pay to the director, county auditor, or other agent a fee of four dollars in addition to any other fees required by law.
     (d) The fees under (a) and (c) of this subsection, if paid to the county auditor as agent of the director, or if paid to a subagent of the county auditor, shall be paid to the county treasurer in the same manner as other fees collected by the county auditor and credited to the county current expense fund. If the fee is paid to another agent of the director, the fee shall be used by the agent to defray his or her expenses in handling the application.
     (e) Applicants required to pay the three-dollar fee established under (a) of this subsection, must pay an additional seventy-five cents, which must be collected and remitted to the state treasurer and distributed as follows:
     (i) Fifty cents must be deposited into the department of licensing services account of the motor vehicle fund and must be used for agent and subagent support, which is to include but not be limited to the replacement of department-owned equipment in the possession of agents and subagents.
     (ii) Twenty-five cents must be deposited into the license plate technology account created under RCW 46.16.685.
     (5) A subagent shall collect a service fee of (a) ten dollars for changes in a certificate of ownership, with or without registration renewal, or verification of record and preparation of an affidavit of lost title other than at the time of the title application or transfer and (b) four dollars for registration renewal only, issuing a transit permit, or any other service under this section.
     (6) If the fee is collected by the state patrol as agent for the director, the fee so collected shall be certified to the state treasurer and deposited to the credit of the state patrol highway account. If the fee is collected by the department of transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the motor vehicle fund. All such fees collected by the director or branches of his office shall be certified to the state treasurer and deposited to the credit of the highway safety fund.
     (7) Any county revenues that exceed the cost of providing vehicle licensing and vessel registration and title activities in a county, calculated in accordance with the procedures in subsection (3)(d) of this section, shall be expended as determined by the county legislative authority during the process established by law for adoption of county budgets.
     (8) The director may adopt rules to implement this section.

NEW SECTION.  Sec. 77   RCW 18.155.050 (Sexual offender treatment providers advisory committee) and 1990 c 3 s 805 are each repealed.

NEW SECTION.  Sec. 78   The following acts or parts of acts are each repealed:
     (1) RCW 74.32.100 (Advisory committee on vendor rates -- Created--Members -- Chairman) and 1971 ex.s. c 87 s 1 & 1969 ex.s. c 203 s 1;
     (2) RCW 74.32.110 (Advisory committee on vendor rates -- "Vendor rates" defined) and 1969 ex.s. c 203 s 2;
     (3) RCW 74.32.120 (Advisory committee on vendor rates -- Meetings--Travel expenses) and 1975-'76 2nd ex.s. c 34 s 170 & 1969 ex.s. c 203 s 3;
     (4) RCW 74.32.130 (Advisory committee on vendor rates -- Powers and duties) and 1971 ex.s. c 87 s 2 & 1969 ex.s. c 203 s 4;
     (5) RCW 74.32.140 (Investigation to determine if additional requirements or standards affecting vendor group) and 1971 ex.s. c 298 s 1;
     (6) RCW 74.32.150 (Investigation to determine if additional requirements or standards affecting vendor group -- Scope of investigation) and 1971 ex.s. c 298 s 2;
     (7) RCW 74.32.160 (Investigation to determine if additional requirements or standards affecting vendor group -- Changes investigated regardless of source) and 1971 ex.s. c 298 s 3;
     (8) RCW 74.32.170 (Investigation to determine if additional requirements or standards affecting vendor group -- Prevailing wage scales and fringe benefit programs to be considered) and 1971 ex.s. c 298 s 4; and
     (9) RCW 74.32.180 (Investigation to determine if additional requirements or standards affecting vendor group -- Additional factors to be accounted for) and 1971 ex.s. c 298 s 5.

Sec. 79   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;
     (w) PNWER-Net working subgroup under chapter 43.147 RCW;
     (x) Community economic revitalization board, RCW 43.160.030;
     (y) Washington economic development finance authority, RCW 43.163.020;
     (((z) Tourism development advisory committee, RCW 43.330.095;
     (aa))) (z) Life sciences discovery fund authority, RCW 43.350.020;
     (((bb))) (aa) Legislative children's oversight committee, RCW 44.04.220;
     (((cc))) (bb) Joint legislative audit and review committee, RCW 44.28.010;
     (((dd))) (cc) Joint committee on energy supply and energy conservation, RCW 44.39.015;
     (((ee))) (dd) Legislative evaluation and accountability program committee, RCW 44.48.010;
     (((ff))) (ee) Agency council on coordinated transportation, RCW 47.06B.020;
     (((gg))) (ff) Manufactured housing task force, RCW 59.22.090;
     (((hh))) (gg) Washington horse racing commission, RCW 67.16.014;
     (((ii))) (hh) Correctional industries board of directors, RCW 72.09.080;
     (((jj))) (ii) Joint committee on veterans' and military affairs, RCW 73.04.150;
     (((kk) Washington state parks centennial advisory committee, RCW 79A.75.010;
     (ll) Puget Sound council, RCW 90.71.030;
     (mm))) (jj) Joint legislative committee on water supply during drought, RCW 90.86.020;
     (((nn))) (kk) Statute law committee, RCW 1.08.001; and
     (((oo))) (ll) Joint legislative oversight committee on trade policy, RCW 44.55.020.

NEW SECTION.  Sec. 80   Section 47 of this act expires June 1, 2013.

NEW SECTION.  Sec. 81   (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. 82   Subheadings used in this act are not any part of the law.

NEW SECTION.  Sec. 83   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2009.