BILL REQ. #: Z-0640.2
| State of Washington | 61st Legislature | 2009 Regular Session |
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
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.)) 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.
(5)
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.
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.
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.)) "Fraudulent practices" means any conduct or representation on
the part of a driver training school owner or instructor including:
(8)
(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.
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.
NEW SECTION. Sec. 13 RCW 18.20.260 (Advisory board) and 2000 c
47 s 8 are each repealed.
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.
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).
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.)) "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.
(12)
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:
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.
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.)) The department shall adopt rules as necessary to carry out
its responsibilities under this section.
(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)
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.
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.
NEW SECTION. Sec. 31 1997 c 406 s 1 (uncodified) is repealed.
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.
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 priorities of the program shall be in the following order
of priority:
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)
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by public and
private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing.
Sec. 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)) Study if appropriate user fees to supplement program funding
are necessary and develop recommendations for legislation to authorize
such fees.
(13)
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.
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.
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.)) 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.
(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)
(((7))) (4) The state health care authority is authorized to adopt
rules implementing chapter 129, Laws of 2005.
(((8))) (5) State purchased health care programs are exempt from
the requirements of this section if they can demonstrate to the
administrator that, as a result of the availability of federal programs
or other purchasing arrangements, their other purchasing mechanisms
will result in greater discounts and aggregate cost savings than would
be realized through participation in the consortium.
NEW SECTION. Sec. 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.
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.
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.
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:)) 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:
(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
(((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.)) "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.
(38)
(((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.
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.
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:)) The department of transportation shall
establish rules for commute trip reduction plans and implementation
procedures. ((
(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 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.)) 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.
(2)
(((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).
NEW SECTION. Sec. 61 RCW 43.360.040 (Washington main street
advisory committee) and 2005 c 514 s 911 are each repealed.
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.
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.
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.
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.
NEW SECTION. Sec. 73 RCW 18.155.050 (Sexual offender treatment
providers advisory committee) and 1990 c 3 s 805 are each repealed.
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.
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;)) PNWER-Net working subgroup under chapter 43.147 RCW;
(w)
(((x))) (w) Community economic revitalization board, RCW
43.160.030;
(((y))) (x) Washington economic development finance authority, RCW
43.163.020;
(((z) Tourism development advisory committee, RCW 43.330.095;)) (y) Life sciences discovery fund authority, RCW 43.350.020;
(aa)
(((bb))) (z) Legislative children's oversight committee, RCW
44.04.220;
(((cc))) (aa) Joint legislative audit and review committee, RCW
44.28.010;
(((dd))) (bb) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((ee))) (cc) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((ff))) (dd) Agency council on coordinated transportation, RCW
47.06B.020;
(((gg))) (ee) Manufactured housing task force, RCW 59.22.090;
(((hh))) (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;)) (ii) Joint legislative committee on water supply during
drought, RCW 90.86.020; and
(ll) Puget Sound council, RCW 90.71.030;
(mm)
(((nn) Statute law committee, RCW 1.08.001; and)) (jj) Joint legislative oversight committee on trade policy,
RCW 44.55.020.
(oo)
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.