BILL REQ. #:  Z-0640.2 



_____________________________________________ 

SENATE BILL 5995
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State of Washington61st Legislature2009 Regular Session

By Senators Pridemore, Schoesler, and Honeyford; by request of Governor Gregoire

Read first time 02/12/09.   Referred to Committee on Government Operations & Elections.



     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, 43.121.100, 46.20.100, 46.82.280, 46.82.330, 46.82.420, 70.128.163, 18.44.011, 18.44.195, 18.44.221, 18.44.251, 43.70.056, 13.40.462, 13.40.510, 43.08.250, 43.70.555, 74.14A.060, 74.14C.050, 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, 90.56.005, 90.56.060, 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, 47.06.050, 47.60.286, 47.60.290, 47.60.330, 28B.116.020, 28B.12.040, 46.01.325, 46.01.140, and 43.15.020; reenacting and amending RCW 69.50.520; creating new sections; repealing RCW 43.121.010, 43.121.015, 43.121.020, 43.121.030, 43.121.040, 43.121.050, 43.121.060, 43.121.070, 43.121.080, 43.121.110, 43.121.120, 43.121.130, 43.121.140, 43.121.150, 43.121.160, 43.121.170, 43.121.175, 43.121.180, 43.121.910, 28B.04.085, 46.82.300, 70.128.225, 18.20.260, 70.96A.070, 18.44.500, 18.44.510, 70.190.005, 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, 70.190.910, 70.190.920, 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, 90.56.120, 90.56.130, 70.94.544, 43.360.040, 47.60.310, 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 expiration dates; and declaring an emergency.

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

NEW SECTION.  Sec. 1   Intent. 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.

Acupuncture Ad Hoc Committee

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.

Council for Children and Families

NEW SECTION.  Sec. 3   The following acts or parts of acts are each repealed:
     (1) RCW 43.121.010 (Legislative declaration, intent) and 1982 c 4 s 1;
     (2) RCW 43.121.015 (Definitions) and 2008 c 152 s 8, 1988 c 278 s 4, & 1987 c 351 s 2;
     (3) RCW 43.121.020 (Council established -- Members, chairperson--Appointment, qualifications, terms, vacancies) and 2008 c 152 s 7, 2007 c 144 s 1, 1996 c 10 s 1, 1994 c 48 s 1, 1989 c 304 s 4, 1987 c 351 s 3, 1984 c 261 s 1, & 1982 c 4 s 2;
     (4) RCW 43.121.030 (Compensation and travel expenses of members) and 1984 c 287 s 87 & 1982 c 4 s 3;
     (5) RCW 43.121.040 (Executive director, salary -- Staff) and 1982 c 4 s 4;
     (6) RCW 43.121.050 (Council powers and duties -- Generally -- Rules) and 1988 c 278 s 5, 1987 c 351 s 4, & 1982 c 4 s 5;
     (7) RCW 43.121.060 (Contracts for services -- Scope of programs--Funding) and 1982 c 4 s 6;
     (8) RCW 43.121.070 (Contracts for services -- Factors in awarding) and 1982 c 4 s 7;
     (9) RCW 43.121.080 (Contracts for services -- Partial funding by administering organization, what constitutes) and 1982 c 4 s 8;
     (10) RCW 43.121.110 (Parenting skills -- Legislative findings) and 1988 c 278 s 1;
     (11) RCW 43.121.120 (Community-based early parenting skills programs -- Funding) and 1988 c 278 s 2;
     (12) RCW 43.121.130 (Decreased state funding of parenting skills programs -- Evaluation) and 1998 c 245 s 48 & 1988 c 278 s 3;
     (13) RCW 43.121.140 (Shaken baby syndrome -- Outreach campaign) and 1993 c 107 s 2;
     (14) RCW 43.121.150 (Juvenile crime--Legislative findings) and 1997 c 338 s 56;
     (15) RCW 43.121.160 (Postpartum depression--Public information and communication outreach campaign) and 2005 c 347 s 2;
     (16) RCW 43.121.170 (Home visitation programs -- Findings -- Intent) and 2007 c 466 s 1;
     (17) RCW 43.121.175 (Home visitation programs -- Definitions) and 2007 c 466 s 2;
     (18) RCW 43.121.180 (Home visitation programs -- Funding -- Home visitation services coordination or consolidation plan -- Report) and 2008 c 152 s 6 & 2007 c 466 s 3; and
     (19) RCW 43.121.910 (Severability -- 1982 c 4) and 1982 c 4 s 15.

Sec. 4   RCW 43.121.100 and 2005 c 53 s 4 are each amended to read as follows:
     ((The council may accept)) Contributions, grants, or gifts in cash or otherwise, including funds generated by the sale of "heirloom" birth certificates under chapter 70.58 RCW from persons, associations, or corporations and funds generated through the issuance of the "Keep Kids Safe" license plate under chapter 46.16 RCW((. All moneys received by the council or any employee thereof from contributions, grants, or gifts)) and not funds through appropriation by the legislature shall be deposited in a depository approved by the state treasurer to be known as the children's trust fund. Disbursements of such funds shall be on the authorization of the ((council or a duly authorized representative thereof and only for the purposes stated in RCW 43.121.050)) secretary of the department of social and health services or the secretary's designee. In order to maintain an effective expenditure and revenue control, such funds shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditure of such funds.

Displaced Homemaker Program Statewide Advisory Committee

NEW SECTION.  Sec. 5   RCW 28B.04.085 (Displaced homemaker program advisory committee) and 2004 c 275 s 32 & 1987 c 230 s 2 are each repealed.

Driver Instructor's Advisory Committee

Sec. 6   RCW 46.20.100 and 2002 c 195 s 1 are each amended to read as follows:
     (1) Application. The application of a person under the age of eighteen years for a driver's license or a motorcycle endorsement must be signed by a parent or guardian with custody of the minor. If the person under the age of eighteen has no father, mother, or guardian, then the application must be signed by the minor's employer.
     (2) Traffic safety education requirement. For a person under the age of eighteen years to obtain a driver's license he or she must meet the traffic safety education requirements of this subsection.
     (a) To meet the traffic safety education requirement for a driver's license the applicant must satisfactorily complete a traffic safety education course as defined in RCW 28A.220.020 for a course offered by a school district, or as defined by the department of licensing for a course offered by a driver training school licensed under chapter 46.82 RCW. The course offered by a school district or an approved private school must meet the standards established by the office of the state superintendent of public instruction. The course offered by a driver training school must meet the standards established by the department of licensing ((with the advice of the driver instructors' advisory committee, pursuant to RCW 46.82.300)). The traffic safety education course may be provided by:
     (i) A recognized secondary school; or
     (ii) A driver training school licensed under chapter 46.82 RCW that is annually approved by the department of licensing.
     (b) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.
     (c) The department may waive the traffic safety education requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:
     (i) He or she was unable to take or complete a traffic safety education course;
     (ii) A need exists for the applicant to operate a motor vehicle; and
     (iii) He or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property.
The department may adopt rules to implement this subsection (2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
     (d) The department may waive the traffic safety education requirement if the applicant was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.

Sec. 7   RCW 46.82.280 and 2006 c 219 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Behind-the-wheel instruction" means instruction in an approved driver training school instruction vehicle according to and inclusive of the minimum required curriculum. Behind-the-wheel instruction is characterized by driving experience.
     (2) "Classroom" means a space dedicated to and used exclusively by a driver training instructor for the instruction of students. With prior department approval, a branch office classroom may be located within alternative facilities, such as a public or private library, school, community college, college or university, or a business training facility.
     (3) "Classroom instruction" means that portion of a traffic safety education course that is characterized by classroom-based student instruction conducted by or under the direct supervision of a licensed instructor or licensed instructors.
     (4) "Driver training school" means a commercial driver training school engaged in the business of giving instruction, for a fee, in the operation of automobiles.
     (5) "Driver training education course" means a course of instruction in traffic safety education approved and licensed by the department of licensing that consists of classroom and behind-the-wheel instruction as documented by the minimum approved curriculum.
     (6) "Director" means the director of the department of licensing of the state of Washington.
     (7) (("Advisory committee" means the driving instructors' advisory committee as created in this chapter.
     (8)
)) "Fraudulent practices" means any conduct or representation on the part of a driver training school owner or instructor including:
     (a) Inducing anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other license granted by the director may be obtained by any means other than those prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes;
     (b) ((Operation of)) Operating a driver training school without a license, providing instruction without an instructor's license, verifying enrollment prior to being licensed, misleading or false statements on applications for a commercial driver training school license or instructor's license or on any required records or supporting documentation;
     (c) Failing to fully document and maintain all required driver training school records of instruction, school operation, and instructor training;
     (d) Issuing a driver training course certificate without requiring completion of the necessary behind-the-wheel and classroom instruction.
     (((9))) (8) "Instructor" means any person employed by or otherwise associated with a driver training school to instruct persons in the operation of an automobile.
     (((10))) (9) "Owner" means an individual, partnership, corporation, association, or other person or group that holds a substantial interest in a driver training school.
     (((11))) (10) "Place of business" means a designated location at which the business of a driver training school is transacted and its records are kept.
     (((12))) (11) "Person" means any individual, firm, corporation, partnership, or association.
     (((13))) (12) "Substantial interest holder" means a person who has actual or potential influence over the management or operation of any driver training school. Evidence of substantial interest includes, but is not limited to, one or more of the following:
     (a) Directly or indirectly owning, operating, managing, or controlling a driver training school or any part of a driver training school;
     (b) Directly or indirectly profiting from or assuming liability for debts of a driver training school;
     (c) Is an officer or director of a driver training school;
     (d) Owning ten percent or more of any class of stock in a privately or closely held corporate driver training school, or five percent or more of any class of stock in a publicly traded corporate driver training school;
     (e) Furnishing ten percent or more of the capital, whether in cash, goods, or services, for the operation of a driver training school during any calendar year; or
     (f) Directly or indirectly receiving a salary, commission, royalties, or other form of compensation from the activity in which a driver training school is or seeks to be engaged.
     (((14))) (13) "Student" means any person enrolled in a driver training course that pays a fee for instruction.

NEW SECTION.  Sec. 8   RCW 46.82.300 (Driver instructors' advisory committee) and 2006 c 219 s 3, 2002 c 195 s 5, 1984 c 287 s 93, & 1979 ex.s. c 51 s 3 are each repealed.

Sec. 9   RCW 46.82.330 and 2006 c 219 s 7 are each amended to read as follows:
     (1) The application for an instructor's license shall document the applicant's fitness, knowledge, skills, and abilities to teach the classroom and behind-the-wheel phases of a driver training education program in a commercial driver training school.
     (2) An applicant shall be eligible to apply for an original instructor's certificate if the applicant possesses and meets the following qualifications and conditions:
     (a) Has been licensed to drive for five or more years and possesses a current and valid Washington driver's license or is a resident of a jurisdiction immediately adjacent to Washington state and possesses a current and valid license issued by such jurisdiction, and does not have on his or her driving record any of the violations or penalties set forth in (((2)))(a)(i), (ii), or (iii) of this ((section)) subsection. The director shall have the right to examine the driving record of the applicant from the department of licensing and from other jurisdictions and from these records determine if the applicant has had:
     (i) Not more than one moving traffic violation within the preceding twelve months or more than two moving traffic violations in the preceding twenty-four months;
     (ii) No alcohol-related traffic violation or incident within the preceding seven years; and
     (iii) No driver's license suspension, cancellation, revocation, or denial within the preceding five years;
     (b) Is a high school graduate or the equivalent and at least twenty-one years of age;
     (c) Has completed an acceptable application on a form prescribed by the director;
     (d) Has satisfactorily completed a course of instruction in the training of drivers acceptable to the director that is no less than sixty hours in length and includes instruction in classroom and behind- the-wheel teaching methods and supervised practice behind-the-wheel teaching of driving techniques; and
     (e) Has paid an examination fee as set by rule of the department and has successfully completed an instructor's examination ((as prepared by the advisory committee)), which shall consist of a knowledge test and an actual driving test conducted in a vehicle provided by the applicant. The examination shall determine:
     (i) The applicant's knowledge of driving laws and rules;
     (ii) The applicant's ability to safely operate a motor vehicle; and
     (iii) The applicant's ability to impart this knowledge and ability to others.

Sec. 10   RCW 46.82.420 and 2008 c 125 s 3 are each amended to read as follows:
     (1) The ((advisory committee shall consult with the)) department ((in the development and maintenance of)) shall develop and maintain a basic minimum required curriculum and ((the department)) shall furnish to each qualifying applicant for an instructor's license or a driver training school license a copy of such curriculum.
     (2) In addition to information on the safe, lawful, and responsible operation of motor vehicles on the state's highways, the basic minimum required curriculum shall include information on:
     (a) Intermediate driver's license issuance, passenger and driving restrictions and sanctions for violating the restrictions, and the effect of traffic violations and collisions on the driving privileges;
     (b) The effects of alcohol and drug use on motor vehicle operators, including information on drug and alcohol related traffic injury and mortality rates in the state of Washington and the current penalties for driving under the influence of drugs or alcohol;
     (c) Motorcycle awareness, approved by the director, to ensure new operators of motor vehicles have been instructed in the importance of safely sharing the road with motorcyclists;
     (d) Bicycle safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing the road with bicyclists; and
     (e) Pedestrian safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing the road with pedestrians.
     (3) Should the director be presented with acceptable proof that any licensed instructor or driver training school is not showing proper diligence in teaching such basic minimum curriculum as required, the instructor or school shall be required to appear before the ((advisory committee)) director and show cause why the license of the instructor or school should not be revoked for such negligence. If the ((committee)) director does not accept such reasons as may be offered, the director may revoke the license of the instructor or school, or both.

Adult Family Home Advisory Committee

NEW SECTION.  Sec. 11   RCW 70.128.225 (Advisory committee) and 2007 c 40 s 1 & 2002 c 223 s 4 are each repealed.

Sec. 12   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.

Boarding Home Advisory Board

NEW SECTION.  Sec. 13   RCW 18.20.260 (Advisory board) and 2000 c 47 s 8 are each repealed.

Citizens Advisory Council on Alcoholism and Drug Addiction

NEW SECTION.  Sec. 14   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.

Citizens' Work Group on Health Care Reform

NEW SECTION.  Sec. 15   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).

Escrow Commission

Sec. 16   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. 17   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. 18   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. 19   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:

REQUEST FOR WAIVER OF
ERRORS AND OMISSIONS POLICY
     I, . . . . . . , residing at . . . . . . , City of . . . . . . , County of . . . . . . , State of Washington, declare the following:
     (1) ((The state escrow commission has determined that)) An errors and omissions policy is not reasonably available to a substantial number of licensed escrow officers; and
     (2) Purchasing an errors and omissions policy is cost-prohibitive at this time; and
     (3) I have not engaged in any conduct that resulted in the termination of my escrow certificate; and
     (4) I have not paid, directly or through an errors and omissions policy, claims in excess of ten thousand dollars, exclusive of costs and attorneys' fees, during the calendar year preceding submission of this affidavit; and
     (5) I have not paid, directly or through an errors and omissions policy, claims, exclusive of costs and attorneys' fees, totaling in excess of twenty thousand dollars in the three calendar years immediately preceding submission of this affidavit; and
     (6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding submission of this application.
     THEREFORE, in consideration of the above, I, . . . . . . , respectfully request that the director of financial institutions grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions policy covering my activities as an escrow agent licensed by the state of Washington for the period from . . . . . . , 19. . . , to . . . . . . , 19. . .
     Submitted this day of . . . . day of . . . . . . , 19. . .
. . . . . . . . . . . .
(signature)
State of Washington,|
|
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|
|
ss.
County of . . . . . . . .
     I certify that I know or have satisfactory evidence that . . . . . . . . . , signed this instrument and acknowledged it to be . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument.
Dated . . . . . . . . . . . .
Signature of
Notary Public . . . . . . . . . . . .
(Seal or stamp)     Title . . . . . . . . . . . .
My appointment expires . . . . . . . . . . . .


NEW SECTION.  Sec. 20   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.

Expert Panel on Infection Control

Sec. 21   RCW 43.70.056 and 2007 c 261 s 2 are each amended to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Health care-associated infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxins and that was not present or incubating at the time of admission to the hospital.
     (b) "Hospital" means a health care facility licensed under chapter 70.41 RCW.
     (2)(a) A hospital shall collect data related to health care-associated infections as required under this subsection (2) on the following:
     (i) Beginning July 1, 2008, central line-associated bloodstream infection in the intensive care unit;
     (ii) Beginning January 1, 2009, ventilator-associated pneumonia; and
     (iii) Beginning January 1, 2010, surgical site infection for the following procedures:
     (A) Deep sternal wound for cardiac surgery, including coronary artery bypass graft;
     (B) Total hip and knee replacement surgery; and
     (C) Hysterectomy, abdominal and vaginal.
     (b) Until required otherwise under (c) of this subsection, a hospital must routinely collect and submit the data required to be collected under (a) of this subsection to the national healthcare safety network of the United States centers for disease control and prevention in accordance with national healthcare safety network definitions, methods, requirements, and procedures.
     (c)(i) With respect to any of the health care-associated infection measures for which reporting is required under (a) of this subsection, the department must, by rule, require hospitals to collect and submit the data to the centers for medicare and medicaid services according to the definitions, methods, requirements, and procedures of the hospital compare program, or its successor, instead of to the national healthcare safety network, if the department determines that:
     (A) The measure is available for reporting under the hospital compare program, or its successor, under substantially the same definition; and
     (B) Reporting under this subsection (2)(c) will provide substantially the same information to the public.
     (ii) If the department determines that reporting of a measure must be conducted under this subsection (2)(c), the department must adopt rules to implement such reporting. The department's rules must require reporting to the centers for medicare and medicaid services as soon as practicable, but not more than one hundred twenty days, after the centers for medicare and medicaid services allow hospitals to report the respective measure to the hospital compare program, or its successor. However, if the centers for medicare and medicaid services allow infection rates to be reported using the centers for disease control and prevention's national healthcare safety network, the department's rules must require reporting that reduces the burden of data reporting and minimizes changes that hospitals must make to accommodate requirements for reporting.
     (d) Data collection and submission required under this subsection (2) must be overseen by a qualified individual with the appropriate level of skill and knowledge to oversee data collection and submission.
     (e)(i) A hospital must release to the department, or grant the department access to, its hospital-specific information contained in the reports submitted under this subsection (2), as requested by the department.
     (ii) The hospital reports obtained by the department under this subsection (2), and any of the information contained in them, are not subject to discovery by subpoena or admissible as evidence in a civil proceeding, and are not subject to public disclosure as provided in RCW 42.56.360.
     (3) The department shall:
     (a) Provide oversight of the health care-associated infection reporting program established in this section;
     (b) By January 1, 2011, submit a report to the appropriate committees of the legislature ((based on the recommendations of the advisory committee established in subsection (5) of this section)) for additional reporting requirements related to health care-associated infections, considering the methodologies and practices of the United States centers for disease control and prevention, the centers for medicare and medicaid services, the joint commission, the national quality forum, the institute for healthcare improvement, and other relevant organizations;
     (c) Delete, by rule, the reporting of categories that the department determines are no longer necessary to protect public health and safety;
     (d) By December 1, 2009, and by each December 1st thereafter, prepare and publish a report on the department's web site that compares the health care-associated infection rates at individual hospitals in the state using the data reported in the previous calendar year pursuant to subsection (2) of this section. The department may update the reports quarterly. ((In developing a methodology for the report and determining its contents, the department shall consider the recommendations of the advisory committee established in subsection (5) of this section.)) The report is subject to the following:
     (i) The report must disclose data in a format that does not release health information about any individual patient; and
     (ii) The report must not include data if the department determines that a data set is too small or possesses other characteristics that make it otherwise unrepresentative of a hospital's particular ability to achieve a specific outcome; and
     (e) Evaluate, on a regular basis, the quality and accuracy of health care-associated infection reporting required under subsection (2) of this section and the data collection, analysis, and reporting methodologies.
     (4) The department may respond to requests for data and other information from the data required to be reported under subsection (2) of this section, at the requestor's expense, for special studies and analysis consistent with requirements for confidentiality of patient records.
     (5)(((a) The department shall establish an advisory committee which may include members representing infection control professionals and epidemiologists, licensed health care providers, nursing staff, organizations that represent health care providers and facilities, health maintenance organizations, health care payers and consumers, and the department. The advisory committee shall make recommendations to assist the department in carrying out its responsibilities under this section, including making recommendations on allowing a hospital to review and verify data to be released in the report and on excluding from the report selected data from certified critical access hospitals.
     (b) In developing its recommendations, the advisory committee shall consider methodologies and practices related to health care-associated infections of the United States centers for disease control and prevention, the centers for medicare and medicaid services, the joint commission, the national quality forum, the institute for healthcare improvement, and other relevant organizations.
     (6)
)) The department shall adopt rules as necessary to carry out its responsibilities under this section.

Family Policy Council

Sec. 22   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. 23   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. 24   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, 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. 25   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. 26   RCW 69.50.520 and 2005 c 518 s 937, 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., 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, and transfers to the health services account((, and grants to community networks under chapter 70.190 RCW by the family policy council)).

NEW SECTION.  Sec. 27   The following acts or parts of acts are each repealed:
     (1) RCW 70.190.005 (Purpose) and 1994 sp.s. c 7 s 301 & 1992 c 198 s 1;
     (2) RCW 70.190.010 (Definitions) and 1996 c 132 s 2, 1995 c 399 s 200, & 1992 c 198 s 3;
     (3) RCW 70.190.020 (Consolidate efforts of existing entities) and 1994 sp.s. c 7 s 315 & 1992 c 198 s 4;
     (4) 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;
     (5) RCW 70.190.040 (Finding -- Grants to improve readiness to learn) and 1993 c 336 s 901;
     (6) RCW 70.190.050 (Community networks -- Outcome evaluation) and 1998 c 245 s 122 & 1994 sp.s. c 7 s 207;
     (7) 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;
     (8) RCW 70.190.065 (Member's authorization of expenditures--Limitation) and 1996 c 132 s 5;
     (9) RCW 70.190.070 (Community networks -- Duties) and 1994 sp.s. c 7 s 304;
     (10) RCW 70.190.075 (Lead fiscal agent) and 1996 c 132 s 4;
     (11) RCW 70.190.080 (Community networks -- Programs and plans) and 1996 c 132 s 6 & 1994 sp.s. c 7 s 305;
     (12) RCW 70.190.085 (Community networks -- Sexual abstinence and activity campaign) and 1994 c 299 s 5;
     (13) 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;
     (14) RCW 70.190.100 (Duties of council) and 1998 c 245 s 123 & 1994 sp.s. c 7 s 307;
     (15) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994 sp.s. c 7 s 308;
     (16) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s 309;
     (17) 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;
     (18) RCW 70.190.150 (Federal restrictions on funds transfers, waivers) and 1994 sp.s. c 7 s 312;
     (19) RCW 70.190.160 (Community networks -- Implementation in federal and state plans) and 1994 sp.s. c 7 s 314;
     (20) RCW 70.190.170 (Transfer of funds and programs to state agency) and 1994 sp.s. c 7 s 320;
     (21) RCW 70.190.180 (Community network -- Grants for use of school facilities) and 1994 sp.s. c 7 s 604;
     (22) RCW 70.190.190 (Network members immune from civil liability--Network assets not subject to attachment or execution) and 1996 c 132 s 9;
     (23) RCW 70.190.910 (Severability -- 1992 c 198) and 1992 c 198 s 20; and
     (24) RCW 70.190.920 (Effective date -- 1992 c 198) and 1992 c 198 s 21.

Sec. 28   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.

Sec. 29   RCW 74.14C.050 and 1995 c 311 s 9 are each amended to read as follows:
     By December 1, 1995, the department, with the assistance of ((the family policy council,)) two urban and two rural public health and safety networks to be chosen by the ((family policy council)) secretary, and two private, nonprofit agencies with expertise and experience in preservation services, shall submit to the legislature an implementation and evaluation plan that identifies:
     (1) A valid and reliable process that can be used by caseworkers for accurately identifying clients who are eligible for intensive family preservation services and family preservation services. The plan shall recognize the due process rights of families that receive preservation services and recognize that family preservation services are not intended to be investigative for purposes of chapter 13.34 RCW;
     (2) Necessary data by which program success will be measured, projections of service needs, budget requests, and long-range planning;
     (3) Regional and statewide projections of service needs;
     (4) A cost estimate for statewide implementation and expansion of preservation services on a phased-in basis beginning no later than July 1, 1996;
     (5) A plan and time frame for phased-in implementation of preservation services on a statewide basis to be accomplished as soon as possible but no later than July 1, 1997;
     (6) Data regarding the number of children in foster care, group care, institutional placements, and other out-of-home placements due to medical needs, mental health needs, developmental disabilities, and juvenile offenses, and an assessment of the feasibility of providing preservation services to include all of these children;
     (7) Standards and outcome measures for the department when the department provides preservation services directly; and
     (8) A process to assess outcome measures identified in RCW 74.14C.030 for contractors providing preservation services.

Firearms Range Advisory Committee

NEW SECTION.  Sec. 30   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.

Model Toxic Control Act Science Advisory Board

NEW SECTION.  Sec. 31   1997 c 406 s 1 (uncodified) is repealed.

Mortgage Brokers

NEW SECTION.  Sec. 32   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. 33   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.

Motorcycle Safety Education Advisory Board

Sec. 34   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.

Oil Heat Advisory Committee

Sec. 35   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.

Parks Centennial Advisory Committee

Sec. 36   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.

Performance Audit Citizen Advisory Board

NEW SECTION.  Sec. 37   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.





Prescription Drug Purchasing Consortium Advisory Commission

Sec. 38   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.

Risk Management Advisory Committee

NEW SECTION.  Sec. 39   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. 40   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.

Securities Advisory Committee

NEW SECTION.  Sec. 41   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.

Radiologic Technologists Ad Hoc Committee

Sec. 42   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. 43   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.

Pesticide Committees

NEW SECTION.  Sec. 44   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. 45   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. 46   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. 47   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.

Oil Spill Advisory Council

NEW SECTION.  Sec. 48   The following acts or parts of acts are each repealed:
     (1) RCW 90.56.120 (Oil spill advisory council--Meetings--Travel expenses and compensation) and 2006 c 372 s 907 & 2005 c 304 s 2; and
     (2) RCW 90.56.130 (Council--Duties--Work plan--Reports) and 2005 c 304 s 3.

Sec. 49   RCW 90.56.005 and 2005 c 304 s 1 are each amended to read as follows:
     (1) The legislature declares that water borne transportation as a source of supply for oil and hazardous substances poses special concern for the state of Washington. Each year billions of gallons of crude oil and refined petroleum products are transported as cargo and fuel by vessels on the navigable waters of the state. These shipments are expected to increase in the coming years. Vessels transporting oil into Washington travel on some of the most unique and special marine environments in the United States. These marine environments are a source of natural beauty, recreation, and economic livelihood for many residents of this state. As a result, the state has an obligation to ensure the citizens of the state that the waters of the state will be protected from oil spills.
     (2) The legislature finds that prevention is the best method to protect the unique and special marine environments in this state. The technology for containing and cleaning up a spill of oil or hazardous substances is at best only partially effective. Preventing spills is more protective of the environment and more cost-effective when all the response and damage costs associated with responding to a spill are considered. Therefore, the legislature finds that the primary objective of the state is to achieve a zero spills strategy to prevent any oil or hazardous substances from entering waters of the state.
     (3) The legislature also finds that:
     (a) Recent accidents in Washington, Alaska, southern California, Texas, Pennsylvania, and other parts of the nation have shown that the transportation, transfer, and storage of oil have caused significant damage to the marine environment;
     (b) Even with the best efforts, it is nearly impossible to remove all oil that is spilled into the water, and average removal rates are only fourteen percent;
     (c) Washington's navigable waters are treasured environmental and economic resources that the state cannot afford to place at undue risk from an oil spill;
     (d) The state has a fundamental responsibility, as the trustee of the state's natural resources and the protector of public health and the environment to prevent the spill of oil; and
     (e) In section 5002 of the federal oil pollution act of 1990, the United States congress found that many people believed that complacency on the part of industry and government was one of the contributing factors to the Exxon Valdez spill and, further, that one method to combat this complacency is to involve local citizens in the monitoring and oversight of oil spill plans. Congress also found that a mechanism should be established that fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals. Moreover, congress concluded that, in addition to Alaska, a program of citizen monitoring and oversight should be established in other major crude oil terminals in the United States because recent oil spills indicate that the safe transportation of oil is a national problem.
     (4) In order to establish a comprehensive prevention and response program to protect Washington's waters and natural resources from spills of oil, it is the purpose of this chapter:
     (a) To establish state agency expertise in marine safety and to centralize state activities in spill prevention and response activities;
     (b) To prevent spills of oil and to promote programs that reduce the risk of both catastrophic and small chronic spills;
     (c) To ensure that responsible parties are liable, and have the resources and ability, to respond to spills and provide compensation for all costs and damages;
     (d) To provide for state spill response and wildlife rescue planning and implementation;
     (e) To support and complement the federal oil pollution act of 1990 and other federal law, especially those provisions relating to the national contingency plan for cleanup of oil spills and discharges, including provisions relating to the responsibilities of state agencies designated as natural resource trustees. The legislature intends this chapter to be interpreted and implemented in a manner consistent with federal law;
     (f) To provide broad powers of regulation to the department of ecology relating to spill prevention and response;
     (g) To provide for ((an)) independent ((oil spill advisory council to)) review, on an ongoing basis, of the adequacy of oil spill prevention, preparedness, and response activities in this state; and
     (h) To provide an adequate funding source for state response and prevention programs.

Sec. 50   RCW 90.56.060 and 2005 c 304 s 4 are each amended to read as follows:
     (1) The department shall prepare and annually update a statewide master oil and hazardous substance spill prevention and contingency plan. In preparing the plan, the department shall consult with an advisory committee representing diverse interests concerned with oil and hazardous substance spills, including the United States coast guard, the federal environmental protection agency, state agencies, local governments, port districts, private facilities, environmental organizations, oil companies, shipping companies, containment and cleanup contractors, tow companies, and hazardous substance manufacturers((, and with the oil spill advisory council)).
     (2) The state master plan prepared under this section shall at a minimum:
     (a) Take into consideration the elements of oil spill prevention and contingency plans approved or submitted for approval pursuant to this chapter and chapter 88.46 RCW and oil and hazardous substance spill contingency plans prepared pursuant to other state or federal law or prepared by federal agencies and regional entities;
     (b) State the respective responsibilities as established by relevant statutes and rules of each of the following in the prevention of and the assessment, containment, and cleanup of a worst case spill of oil or hazardous substances into the environment of the state: (i) State agencies; (ii) local governments; (iii) appropriate federal agencies; (iv) facility operators; (v) property owners whose land or other property may be affected by the oil or hazardous substance spill; and (vi) other parties identified by the department as having an interest in or the resources to assist in the containment and cleanup of an oil or hazardous substance spill;
     (c) State the respective responsibilities of the parties identified in (b) of this subsection in an emergency response;
     (d) Identify actions necessary to reduce the likelihood of spills of oil and hazardous substances;
     (e) Identify and obtain mapping of environmentally sensitive areas at particular risk to oil and hazardous substance spills;
     (f) Establish an incident command system for responding to oil and hazardous substances spills; and
     (g) Establish a process for immediately notifying affected tribes of any oil spill.
     (3) In preparing and updating the state master plan, the department shall:
     (a) Consult with federal, provincial, municipal, and community officials, other state agencies, the state of Oregon, and with representatives of affected regional organizations;
     (b) Submit the draft plan to the public for review and comment;
     (c) Submit to the appropriate standing committees of the legislature for review, not later than November 1st of each year, the plan and any annual revision of the plan; and
     (d) Require or schedule unannounced oil spill drills as required by RCW 90.56.260 to test the sufficiency of oil spill contingency plans approved under RCW 90.56.210.
     (4) The department shall evaluate the functions of advisory committees created by the department regarding oil spill prevention, preparedness, and response programs, and shall revise or eliminate those functions which are no longer necessary.

Commute Trip Reduction Board

Sec. 51   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. 52   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. 53   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. 54   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. 55   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. 56   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. 57   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. 58   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. 59   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. 60   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).

Main Street Advisory Committee

NEW SECTION.  Sec. 61   RCW 43.360.040 (Washington main street advisory committee) and 2005 c 514 s 911 are each repealed.

Ferry Advisory Committee

NEW SECTION.  Sec. 62   RCW 47.60.310 (State ferries -- Local expressions -- Ferry advisory committees) and 1988 c 100 s 1, 1983 c 15 s 24, 1983 c 3 s 137, 1977 c 29 s 1, & 1961 c 13 s 47.60.310 are each repealed.

Sec. 63   RCW 47.06.050 and 2007 c 516 s 10 are each amended to read as follows:
     The state-owned facilities component of the statewide multimodal transportation plan shall consist of:
     (1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:
     (a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. Lowest life cycle cost methodologies must be used in developing a pavement management system. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;
     (b) A highway maintenance element, establishing service levels for highway maintenance on state-owned highways. The highway maintenance element must include an estimate of costs for achieving those service levels over twenty years. This element will serve as the basis for the maintenance component of the six-year highway program and the two-year biennial budget request to the legislature;
     (c) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;
     (d) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;
     (e) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.
     (2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, develop strategies for ferry system investment that consider regional and statewide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan must provide for maintenance of capital assets. The plan must also provide for preservation of capital assets based on lowest life cycle cost methodologies. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system((, and shall be developed in conjunction with the ferry advisory committees)).

Sec. 64   RCW 47.60.286 and 2007 c 512 s 4 are each amended to read as follows:
     (1) The commission shall, with the involvement of the department, conduct a survey to gather data on ferry users to help inform level of service, operational, pricing, planning, and investment decisions. The survey must include, but is not limited to:
     (a) Recreational use;
     (b) Walk-on customer use;
     (c) Vehicle customer use;
     (d) Freight and goods movement demand; and
     (e) Reactions to potential operational strategies and pricing policies described under RCW 47.60.327 and 47.60.290.
     (2) The commission shall develop the survey ((after providing an opportunity for ferry advisory committees to offer input)).
     (3) The survey must be updated at least every two years and maintained to support the development and implementation of adaptive management of ferry services.

Sec. 65   RCW 47.60.290 and 2007 c 512 s 5 are each amended to read as follows:
     (1) The department shall annually review fares and pricing policies applicable to the operation of the Washington state ferries.
     (2) Beginning in 2008, the department shall develop fare and pricing policy proposals that must:
     (a) Recognize that each travel shed is unique, and might not have the same farebox recovery rate and the same pricing policies;
     (b) Use data from the current survey conducted under RCW 47.60.286;
     (c) Be developed with input from affected ferry users by public hearing ((and by review with the affected ferry advisory committees)), in addition to the data gathered from the survey conducted in RCW 47.60.286;
     (d) Generate the amount of revenue required by the biennial transportation budget;
     (e) Consider the impacts on users, capacity, and local communities; and
     (f) Keep fare schedules as simple as possible.
     (3) While developing fare and pricing policy proposals, the department must consider the following:
     (a) Options for using pricing to level vehicle peak demand; and
     (b) Options for using pricing to increase off-peak ridership.

Sec. 66   RCW 47.60.330 and 2007 c 512 s 8 are each amended to read as follows:
     (1) Before a substantial change to the service levels provided to ferry users, the department shall consult with affected ferry users by public hearing ((and by review with the affected ferry advisory committees)).
     (2) Before adding or eliminating a ferry route, the department shall consult with affected ferry users and receive legislative approval.

Foster Care Endowed Scholarship Advisory Board

NEW SECTION.  Sec. 67   RCW 28B.116.040 (Foster care endowed scholarship advisory board) and 2005 c 215 s 5 are each repealed.

Sec. 68   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.

Higher Education Coordinating Board--Work Study

Sec. 69   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.

Title and Registration Advisory Committee

NEW SECTION.  Sec. 70   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. 71   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. 72   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.

Sexual Offender Treatment Providers Advisory Committee

NEW SECTION.  Sec. 73   RCW 18.155.050 (Sexual offender treatment providers advisory committee) and 1990 c 3 s 805 are each repealed.

Vendor Rates Advisory Rates

NEW SECTION.  Sec. 74   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.

Lieutenant Governor Appointments and Assignments

Sec. 75   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))) (w) Community economic revitalization board, RCW 43.160.030;
     (((y))) (x) Washington economic development finance authority, RCW 43.163.020;
     (((z) Tourism development advisory committee, RCW 43.330.095;
     (aa)
)) (y) Life sciences discovery fund authority, RCW 43.350.020;
     (((bb))) (z) Legislative children's oversight committee, RCW 44.04.220;
     (((cc))) (aa) Joint legislative audit and review committee, RCW 44.28.010;
     (((dd))) (bb) Joint committee on energy supply and energy conservation, RCW 44.39.015;
     (((ee))) (cc) Legislative evaluation and accountability program committee, RCW 44.48.010;
     (((ff))) (dd) Agency council on coordinated transportation, RCW 47.06B.020;
     (((gg))) (ee) Manufactured housing task force, RCW 59.22.090;
     (((hh))) (ff) Washington horse racing commission, RCW 67.16.014;
     (((ii))) (gg) Correctional industries board of directors, RCW 72.09.080;
     (((jj))) (hh) 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)
)) (ii) Joint legislative committee on water supply during drought, RCW 90.86.020; and
     (((nn) Statute law committee, RCW 1.08.001; and
     (oo)
)) (jj) Joint legislative oversight committee on trade policy, RCW 44.55.020.

NEW SECTION.  Sec. 76   Section 35 of this act expires June 1, 2013.

NEW SECTION.  Sec. 77   (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. 78   Subheadings used in this act are not any part of the law.

NEW SECTION.  Sec. 79   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.


     INDEX       PAGE #


ACUPUNCTURE AD HOC COMMITTEE . . . . . . . . . . . . 2
ADULT FAMILY HOME ADVISORY COMMITTEE . . . . . . . . . . . . 11
BOARDING HOME ADVISORY BOARD . . . . . . . . . . . . 13
CITIZENS ADVISORY COUNCIL ON ALCOHOLISM AND DRUG ADDICTION . . . . . . . . . . . . 13
CITIZENS' WORK GROUP ON HEALTH CARE REFORM . . . . . . . . . . . . 13
COMMUTE TRIP REDUCTION BOARD . . . . . . . . . . . . 53
COUNCIL FOR CHILDREN AND FAMILIES . . . . . . . . . . . . 3
DISPLACED HOMEMAKER PROGRAM STATEWIDE ADVISORY COMMITTEE . . . . . . . . . . . . 5
DRIVER INSTRUCTOR'S ADVISORY COMMITTEE . . . . . . . . . . . . 5
ESCROW COMMISSION . . . . . . . . . . . . 14
EXPERT PANEL ON INFECTION CONTROL . . . . . . . . . . . . 18
FAMILY POLICY COUNCIL . . . . . . . . . . . . 21
FERRY ADVISORY COMMITTEE . . . . . . . . . . . . 70
FIREARMS RANGE ADVISORY COMMITTEE . . . . . . . . . . . . 30
FOSTER CARE ENDOWED SCHOLARSHIP ADVISORY BOARD . . . . . . . . . . . . 73
HIGHER EDUCATION COORDINATING BOARD--WORK STUDY . . . . . . . . . . . . 74
LIEUTENANT GOVERNOR APPOINTMENTS AND ASSIGNMENTS . . . . . . . . . . . . 80
MAIN STREET ADVISORY COMMITTEE . . . . . . . . . . . . 69
MODEL TOXIC CONTROL ACT SCIENCE ADVISORY BOARD . . . . . . . . . . . . 30
MORTGAGE BROKERS . . . . . . . . . . . . 30
MOTORCYCLE SAFETY EDUCATION ADVISORY BOARD . . . . . . . . . . . . 31
OIL HEAT ADVISORY COMMITTEE . . . . . . . . . . . . 32
OIL SPILL ADVISORY COUNCIL . . . . . . . . . . . . 49
PARKS CENTENNIAL ADVISORY COMMITTEE . . . . . . . . . . . . 34
PERFORMANCE AUDIT CITIZEN ADVISORY BOARD . . . . . . . . . . . . 34
PESTICIDE COMMITTEES . . . . . . . . . . . . 40
PRESCRIPTION DRUG PURCHASING CONSORTIUM ADVISORY COMMISSION . . . . . . . . . . . . 34
RADIOLOGIC TECHNOLOGISTS AD HOC COMMITTEE . . . . . . . . . . . . 38
RISK MANAGEMENT ADVISORY COMMITTEE . . . . . . . . . . . . 36
SECURITIES ADVISORY COMMITTEE . . . . . . . . . . . . 38
SEXUAL OFFENDER TREATMENT PROVIDERS ADVISORY COMMITTEE . . . . . . . . . . . . 79
TITLE AND REGISTRATION ADVISORY COMMITTEE . . . . . . . . . . . . 75
VENDOR RATES ADVISORY RATES . . . . . . . . . . . . 79

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