BILL REQ. #: S-4731.2
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/09/10.
AN ACT Relating to eliminating boards and commissions; amending RCW 18.44.011, 18.44.195, 18.44.221, 18.44.251, 19.146.225, 28C.18.050, 28C.18.090, 43.03.027, 43.03.028, 34.12.100, 42.17.370, 43.03.040, 43.63A.760, 18.250.010, 18.250.020, 18.250.060, 70.47.040, 28A.300.520, 43.215.065, 72.09.495, 74.04.800, 41.04.033, 41.04.0331, 41.04.0332, 43.101.380, 43.105.052, 72.23.025, 43.43.930, 43.43.938, 43.43.962, 43.43.934, 38.52.530, 49.26.120, 48.62.061, 48.62.161, 41.05.035, 28B.76.280, 18.280.050, 18.280.060, 43.330.090, 43.105.041, 43.105.805, 43.105.820, 18.210.010, 18.210.050, 18.210.060, 70.118.110, 18.200.010, 18.200.050, 18.200.070, 77.95.100, 77.95.180, 77.95.190, 82.58.020, 70.95.030, 43.21A.520, 70.105.010, 70.105.160, 70.119A.180, 90.86.030, 18.104.040, 18.104.043, 18.104.049, 18.104.100, 18.104.200, 19.16.100, 19.16.420, 43.60A.010, and 43.60A.080; reenacting and amending RCW 43.105.020, 18.235.020, and 18.235.020; adding a new section to chapter 34.05 RCW; adding a new section to chapter 43.185B RCW; adding new sections to chapter 43.20A RCW; adding a new section to chapter 28B.108 RCW; adding a new section to chapter 46.66 RCW; adding a new section to chapter 70.195 RCW; adding new sections to chapter 43.31 RCW; adding a new section to chapter 26.19 RCW; adding a new section to chapter 35.78 RCW; adding a new section to chapter 43.32 RCW; adding a new section to chapter 19.16 RCW; adding a new section to chapter 72.78 RCW; adding a new section to chapter 70.198 RCW; adding new sections to chapter 28A.175 RCW; adding a new section to chapter 43.06B RCW; adding a new section to chapter 44.39 RCW; adding a new section to chapter 38.52 RCW; adding a new section to chapter 43.22 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 70.47A RCW; adding a new section to chapter 28B.115 RCW; adding a new section to chapter 77.85 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 1.40 RCW; adding a new section to chapter 1.60 RCW; adding a new section to chapter 13.60 RCW; adding a new section to chapter 43.147 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28A.195 RCW; adding a new section to chapter 36.102 RCW; adding a new section to chapter 41.04 RCW; adding a new section to chapter 74.18 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.160 RCW; adding a new section to chapter 28A.525 RCW; adding a new section to chapter 43.210 RCW; adding a new section to chapter 58.24 RCW; adding a new section to chapter 44.55 RCW; adding a new section to chapter 90.86 RCW; adding a new section to chapter 90.56 RCW; creating new sections; repealing RCW 70.96A.070, 18.44.500, 18.44.510, 79A.25.220, 19.146.280, 43.360.040, 28B.50.254, 18.250.030, 43.63A.068, 43.101.310, 43.101.315, 43.101.320, 43.101.325, 43.101.330, 43.101.335, 43.101.340, 43.101.345, 43.105.055, 70.198.010, 70.198.020, 43.43.932, 43.43.936, 70.105E.090, 48.62.051, 48.62.041, 28B.76.100, 10.98.200, 10.98.210, 10.98.220, 10.98.230, 10.98.240, 43.105.800, 43.105.810, 71.09.320, 18.210.040, 18.210.070, 70.118.100, 18.200.060, 77.95.110, 77.95.120, 70.95.040, 70.95.050, 70.95.070, 70.105.060, 70.119A.160, 18.104.190, 79A.30.030, 46.38.010, 46.38.020, 46.38.030, 46.38.040, 46.38.050, 46.38.060, 46.38.070, 46.38.080, 46.38.090, 46.39.010, 46.39.020, 43.60A.170, 43.131.405, and 43.131.406; repealing 2007 c 520 s 6016 (uncodified); repealing 2007 c 520 s 6026 (uncodified); providing effective dates; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 One of the key roles of advisory boards,
committees, and commissions is to provide input, advice and
recommendations from stakeholders, other interested parties, and the
public to state agencies. These advisory boards, committees, and
commissions may be abolished without detriment to the mission of the
agency each supports. Most of the advisory functions of these boards,
committees, and commissions can be performed without the administrative
costs of maintaining formal organizations. In the interest of building
a leaner, more efficient, and more responsible government, this vital
communications conduit must be maintained for the benefit of the state
and its citizens, through the use of modern communication technology.
It is the intent of this legislation that while advisory boards,
committees, and commissions be eliminated, agencies should identify
new, less costly, and more effective opportunities to ensure a broad
range of citizen participation is provided and that all reasonable
efforts are made to ensure that channels are maintained for vital input
from the citizens of Washington.
NEW SECTION. Sec. 2 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.
Sec. 3 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. 4 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. 5 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. 6 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. 7 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.
NEW SECTION. Sec. 8 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. 9 RCW 19.146.280 (Mortgage broker commission--Code of conduct -- Complaint review) and 2009 c 518 s 1, 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. 10 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.
NEW SECTION. Sec. 11 RCW 43.360.040 (Washington main street
advisory committee) and 2005 c 514 s 911 are each repealed.
NEW SECTION. Sec. 12 RCW 28B.50.254 (Advisory council on adult
education -- Workforce training and education coordinating board to
monitor) and 1991 c 238 s 19 are each repealed.
Sec. 13 RCW 28C.18.050 and 1995 c 130 s 3 are each amended to
read as follows:
(1) The board shall be designated as the state board of vocational
education as provided for in P.L. 98-524, as amended, and shall perform
such functions as is necessary to comply with federal directives
pertaining to the provisions of such law.
(2) The board shall perform the functions of the human resource
investment council as provided for in the federal job training
partnership act, P.L. 97-300, as amended.
(3) The board shall provide policy advice for any federal act
pertaining to workforce development that is not required by state or
federal law to be provided by another state body.
(4) Upon enactment of new federal initiatives relating to workforce
development, the board shall advise the governor and the legislature on
mechanisms for integrating the federal initiatives into the state's
workforce development system and make recommendations on the
legislative or administrative measures necessary to streamline and
coordinate state efforts to meet federal guidelines.
(5) The board shall monitor for consistency with the state
comprehensive plan for workforce training and education the policies
and plans established by the state job training coordinating council((,
the advisory council on adult education,)) and the Washington state
plan for adult basic education, and provide guidance for making such
policies and plans consistent with the state comprehensive plan for
workforce training and education.
Sec. 14 RCW 28C.18.090 and 1995 c 130 s 4 are each amended to
read as follows:
(1) The board shall specify, by December 31, 1995, the common core
data to be collected by the operating agencies of the state training
system and the standards for data collection and maintenance required
in RCW 28C.18.060(8).
(2) The minimum standards for program evaluation by operating
agencies required in RCW 28C.18.060(9) shall include biennial program
evaluations; the first of such evaluations shall be completed by the
operating agencies July 1, 1996. The program evaluation of adult basic
skills education shall be provided by the ((advisory council on adult
education)) board.
(3) The board shall complete, by January 1, 1996, its first
outcome-based evaluation and, by September 1, 1996, its nonexperimental
net-impact and cost-benefit evaluations of the training system. The
outcome, net-impact, and cost-benefit evaluations shall for the first
evaluations, include evaluations of each of the following programs:
Secondary vocational-technical education, work-related adult basic
skills education, postsecondary workforce training, job training
partnership act titles II and III, as well as of the system as a whole.
(4) The board shall use the results of its outcome, net-impact, and
cost-benefit evaluations to develop and make recommendations to the
legislature and the governor for the modification, consolidation,
initiation, or elimination of workforce training and education programs
in the state.
The board shall perform the requirements of this section in
cooperation with the operating agencies.
Sec. 15 RCW 43.03.027 and 1970 ex.s. c 43 s 1 are each amended to
read as follows:
It is hereby declared to be the public policy of this state to base
the salaries of public officials on realistic standards in order that
such officials may be paid according to the true value of their
services and the best qualified citizens may be attracted to public
service. It is the purpose of ((RCW 43.03.027, 43.03.028,)) this
section and RCW 43.03.040((, 43.03.045 and 43.03.047)) to effectuate
this policy by utilizing the expert knowledge of citizens having access
to pertinent facts concerning proper salaries for public officials,
thus removing and dispelling any thought of political consideration in
fixing the appropriateness of the amount of such salaries.
Sec. 16 RCW 43.03.028 and 2007 c 241 s 3 are each amended to read
as follows:
(1) ((There is hereby created a state committee on agency
officials' salaries to consist of seven members, or their designees, as
follows: The president of the University of Puget Sound; the
chairperson of the council of presidents of the state's four-year
institutions of higher education; the chairperson of the Washington
personnel resources board; the president of the Association of
Washington Business; the president of the Pacific Northwest Personnel
Managers' Association; the president of the Washington State Bar
Association; and the president of the Washington State Labor Council.
If any of the titles or positions mentioned in this subsection are
changed or abolished, any person occupying an equivalent or like
position shall be qualified for appointment by the governor to
membership upon the committee.)) The department of personnel shall study the
duties and salaries of the directors of the several departments and the
members of the several boards and commissions of state government, who
are subject to appointment by the governor or whose salaries are fixed
by the governor, and of the chief executive officers of the following
agencies of state government:
(2) The committee
The arts commission; the human rights commission; the board of
accountancy; the board of pharmacy; the eastern Washington historical
society; the Washington state historical society; the recreation and
conservation office; the criminal justice training commission; the
department of personnel; the state library; the traffic safety
commission; the horse racing commission; the advisory council on
vocational education; the public disclosure commission; the state
conservation commission; the commission on Hispanic affairs; the
commission on Asian Pacific American affairs; the state board for
volunteer firefighters and reserve officers; the transportation
improvement board; the public employment relations commission; the
forest practices appeals board; and the energy facilities site
evaluation council.
((The committee)) (2) The department of personnel shall report to
the governor or the chairperson of the appropriate salary fixing
authority at least once in each fiscal biennium on such date as the
governor may designate, but not later than seventy-five days prior to
the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for
each position.
(((3) Committee members shall be reimbursed by the department of
personnel for travel expenses under RCW 43.03.050 and 43.03.060.))
Sec. 17 RCW 34.12.100 and 1986 c 155 s 10 are each amended to
read as follows:
The chief administrative law judge shall be paid a salary fixed by
the governor after recommendation of the ((state committee on agency
officials' salaries)) department of personnel. The salaries of
administrative law judges appointed under the terms of this chapter
shall be determined by the chief administrative law judge after
recommendation of the ((state committee on agency officials' salaries))
department of personnel.
Sec. 18 RCW 42.17.370 and 1995 c 397 s 17 are each amended to
read as follows:
The commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable administrative
rules to carry out the policies and purposes of this chapter, which
rules shall be adopted under chapter 34.05 RCW. Any rule relating to
campaign finance, political advertising, or related forms that would
otherwise take effect after June 30th of a general election year shall
take effect no earlier than the day following the general election in
that year;
(2) Appoint and set, within the limits established by the
((committee on agency officials' salaries)) department of personnel
under RCW 43.03.028, the compensation of an executive director who
shall perform such duties and have such powers as the commission may
prescribe and delegate to implement and enforce this chapter
efficiently and effectively. The commission shall not delegate its
authority to adopt, amend, or rescind rules nor shall it delegate
authority to determine whether an actual violation of this chapter has
occurred or to assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in
its judgment will tend to promote the purposes of this chapter,
including reports and statistics concerning campaign financing,
lobbying, financial interests of elected officials, and enforcement of
this chapter;
(4) Make from time to time, on its own motion, audits and field
investigations;
(5) Make public the time and date of any formal hearing set to
determine whether a violation has occurred, the question or questions
to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel
attendance, take evidence and require the production of any books,
papers, correspondence, memorandums, or other records relevant or
material for the purpose of any investigation authorized under this
chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees of
obligations to comply with the provisions of this chapter relating to
election campaigns, if they have not received contributions nor made
expenditures in connection with any election campaign of more than one
thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping
accounts of and reporting on a quarterly basis costs incurred by state
agencies, counties, cities, and other municipalities and political
subdivisions in preparing, publishing, and distributing legislative
information. The term "legislative information," for the purposes of
this subsection, means books, pamphlets, reports, and other materials
prepared, published, or distributed at substantial cost, a substantial
purpose of which is to influence the passage or defeat of any
legislation. The state auditor in his or her regular examination of
each agency under chapter 43.09 RCW shall review the rules, accounts,
and reports and make appropriate findings, comments, and
recommendations in his or her examination reports concerning those
agencies;
(10) After hearing, by order approved and ratified by a majority of
the membership of the commission, suspend or modify any of the
reporting requirements of this chapter in a particular case if it finds
that literal application of this chapter works a manifestly
unreasonable hardship and if it also finds that the suspension or
modification will not frustrate the purposes of the chapter. The
commission shall find that a manifestly unreasonable hardship exists if
reporting the name of an entity required to be reported under RCW
42.17.241(1)(g)(ii) would be likely to adversely affect the competitive
position of any entity in which the person filing the report or any
member of his or her immediate family holds any office, directorship,
general partnership interest, or an ownership interest of ten percent
or more. Any suspension or modification shall be only to the extent
necessary to substantially relieve the hardship. The commission shall
act to suspend or modify any reporting requirements only if it
determines that facts exist that are clear and convincing proof of the
findings required under this section. Requests for renewals of
reporting modifications may be heard in a brief adjudicative proceeding
as set forth in RCW 34.05.482 through 34.05.494 and in accordance with
the standards established in this section. No initial request may be
heard in a brief adjudicative proceeding and no request for renewal may
be heard in a brief adjudicative proceeding if the initial request was
granted more than three years previously or if the applicant is holding
an office or position of employment different from the office or
position held when the initial request was granted. The commission
shall adopt administrative rules governing the proceedings. Any
citizen has standing to bring an action in Thurston county superior
court to contest the propriety of any order entered under this section
within one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more often than
every two years, the monetary reporting thresholds and reporting code
values of this chapter. The revisions shall be only for the purpose of
recognizing economic changes as reflected by an inflationary index
recommended by the office of financial management. The revisions shall
be guided by the change in the index for the period commencing with the
month of December preceding the last revision and concluding with the
month of December preceding the month the revision is adopted. As to
each of the three general categories of this chapter (reports of
campaign finance, reports of lobbyist activity, and reports of the
financial affairs of elected and appointed officials), the revisions
shall equally affect all thresholds within each category. Revisions
shall be adopted as rules under chapter 34.05 RCW. The first revision
authorized by this subsection shall reflect economic changes from the
time of the last legislative enactment affecting the respective code or
threshold through December 1985;
(12) Develop and provide to filers a system for certification of
reports required under this chapter which are transmitted by facsimile
or electronically to the commission. Implementation of the program is
contingent on the availability of funds.
Sec. 19 RCW 43.03.040 and 2009 c 5 s 5 are each amended to read
as follows:
The directors of the several departments and members of the several
boards and commissions, whose salaries are fixed by the governor and
the chief executive officers of the agencies named in RCW
43.03.028(((2))) (1) as now or hereafter amended shall each severally
receive such salaries, payable in monthly installments, as shall be
fixed by the governor or the appropriate salary fixing authority, in an
amount not to exceed the recommendations of the ((committee on agency
officials' salaries. For the twelve months following February 18,
2009, a salary or wage increase shall not be granted to any position
under this section)) department of personnel.
Sec. 20 RCW 43.63A.760 and 2003 1st sp.s. c 26 s 928 are each
amended to read as follows:
(1) The airport impact mitigation account is created in the custody
of the state treasury. Moneys deposited in the account, including
moneys received from the port of Seattle for purposes of this section,
may be used only for airport mitigation purposes as provided in this
section. Only the director of ((the department of community, trade,
and economic development)) commerce or the director's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(2) The department of ((community, trade, and economic
development)) commerce shall establish a competitive process to
prioritize applications for airport impact mitigation assistance
through the account created in subsection (1) of this section. The
department shall conduct a solicitation of project applications in the
airport impact area as defined in subsection (((4))) (3) of this
section. Eligible applicants include public entities such as cities,
counties, schools, parks, fire districts, and shall include
organizations eligible to apply for grants under RCW 43.63A.125. The
department ((of community, trade, and economic development)) shall
evaluate and rank applications ((in conjunction with the airport impact
mitigation advisory board established in subsection (3) of this
section)) using objective criteria developed by the department ((in
conjunction with the airport impact mitigation advisory board)). At a
minimum, the criteria must consider: The extent to which the applicant
is impacted by the airport; and the other resources available to the
applicant to mitigate the impact, including other mitigation funds.
The director of ((the department of community, trade, and economic
development)) commerce shall award grants annually to the extent funds
are available in the account created in subsection (1) of this section.
(3) ((The director of the department of community, trade, and
economic development shall establish the airport impact mitigation
advisory board comprised of persons in the airport impact area to
assist the director in developing criteria and ranking applications
under this section. The advisory board shall include representation of
local governments, the public in general, businesses, schools,
community services organizations, parks and recreational activities,
and others at the discretion of the director. The advisory board shall
be weighted toward those communities closest to the airport that are
more adversely impacted by airport activities.)) The airport impact area includes the incorporated areas of
Burien, Normandy Park, Des Moines, SeaTac, Tukwila, Kent, and Federal
Way, and the unincorporated portion of west King county.
(4)
(((5))) (4) The department of ((community, trade, and economic
development)) commerce shall report on its activities related to the
account created in this section by January 1, 2004, and each January
1st thereafter.
NEW SECTION. Sec. 21 RCW 18.250.030 (Athletic training advisory
committee) and 2007 c 253 s 4 are each repealed.
Sec. 22 RCW 18.250.010 and 2007 c 253 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Athlete" means a person who participates in exercise,
recreation, sport, or games requiring physical strength,
range-of-motion, flexibility, body awareness and control, speed,
stamina, or agility, and the exercise, recreation, sports, or games are
of a type conducted in association with an educational institution or
professional, amateur, or recreational sports club or organization.
(2) "Athletic injury" means an injury or condition sustained by an
athlete that affects the person's participation or performance in
exercise, recreation, sport, or games and the injury or condition is
within the professional preparation and education of an athletic
trainer.
(3) "Athletic trainer" means a person who is licensed under this
chapter. An athletic trainer can practice athletic training through
the consultation, referral, or guidelines of a licensed health care
provider working within their scope of practice.
(4)(a) "Athletic training" means the application of the following
principles and methods as provided by a licensed athletic trainer:
(i) Risk management and prevention of athletic injuries through
preactivity screening and evaluation, educational programs, physical
conditioning and reconditioning programs, application of commercial
products, use of protective equipment, promotion of healthy behaviors,
and reduction of environmental risks;
(ii) Recognition, evaluation, and assessment of athletic injuries
by obtaining a history of the athletic injury, inspection and palpation
of the injured part and associated structures, and performance of
specific testing techniques related to stability and function to
determine the extent of an injury;
(iii) Immediate care of athletic injuries, including emergency
medical situations through the application of first-aid and emergency
procedures and techniques for nonlife-threatening or life-threatening
athletic injuries;
(iv) Treatment, rehabilitation, and reconditioning of athletic
injuries through the application of physical agents and modalities,
therapeutic activities and exercise, standard reassessment techniques
and procedures, commercial products, and educational programs, in
accordance with guidelines established with a licensed health care
provider as provided in RCW 18.250.070; and
(v) Referral of an athlete to an appropriately licensed health care
provider if the athletic injury requires further definitive care or the
injury or condition is outside an athletic trainer's scope of practice,
in accordance with RCW 18.250.070.
(b) "Athletic training" does not include:
(i) The use of spinal adjustment or manipulative mobilization of
the spine and its immediate articulations;
(ii) Orthotic or prosthetic services with the exception of
evaluation, measurement, fitting, and adjustment of temporary,
prefabricated or direct-formed orthosis as defined in chapter 18.200
RCW;
(iii) The practice of occupational therapy as defined in chapter
18.59 RCW;
(iv) The practice of acupuncture as defined in chapter 18.06 RCW;
(v) Any medical diagnosis; and
(vi) Prescribing legend drugs or controlled substances, or surgery.
(5) (("Committee" means the athletic training advisory committee.)) "Department" means the department of health.
(6)
(((7))) (6) "Licensed health care provider" means a physician,
physician assistant, osteopathic physician, osteopathic physician
assistant, advanced registered nurse practitioner, naturopath, physical
therapist, chiropractor, dentist, massage practitioner, acupuncturist,
occupational therapist, or podiatric physician and surgeon.
(((8))) (7) "Secretary" means the secretary of health or the
secretary's designee.
Sec. 23 RCW 18.250.020 and 2007 c 253 s 3 are each amended to
read as follows:
(1) In addition to any other authority provided by law, the
secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to
implement this chapter;
(b) Establish all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this
chapter;
(d) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250 and 43.70.280.
All fees collected under this section must be credited to the health
professions account as required under RCW 43.70.320;
(e) Develop and administer, or approve, or both, examinations to
applicants for a license under this chapter;
(f) Issue a license to any applicant who has met the education,
training, and examination requirements for licensure and deny a license
to applicants who do not meet the minimum qualifications for licensure.
However, denial of licenses based on unprofessional conduct or impaired
practice is governed by the uniform disciplinary act, chapter 18.130
RCW;
(g) ((In consultation with the committee,)) Approve examinations
prepared or administered by private testing agencies or organizations
for use by an applicant in meeting the licensing requirements under RCW
18.250.060;
(h) Determine which states have credentialing requirements
substantially equivalent to those of this state, and issue licenses to
individuals credentialed in those states that have successfully
fulfilled the requirements of RCW 18.250.080;
(i) Hire clerical, administrative, and investigative staff as
needed to implement and administer this chapter;
(j) Maintain the official department record of all applicants and
licensees; and
(k) Establish requirements and procedures for an inactive license.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and the
discipline of licensees under this chapter.
Sec. 24 RCW 18.250.060 and 2007 c 253 s 7 are each amended to
read as follows:
An applicant for an athletic trainer license must:
(1) Have received a bachelor's or advanced degree from an
accredited four-year college or university that meets the academic
standards of athletic training, accepted by the secretary((, as advised
by the committee));
(2) Have successfully completed an examination administered or
approved by the secretary((, in consultation with the committee)); and
(3) Submit an application on forms prescribed by the secretary and
pay the licensure fee required under this chapter.
Sec. 25 RCW 70.47.040 and 1993 c 492 s 211 are each amended to
read as follows:
(1) The Washington basic health plan is created as a program within
the Washington state health care authority. The administrative head
and appointing authority of the plan shall be the administrator of the
Washington state health care authority. The administrator shall
appoint a medical director. The medical director and up to five other
employees of the plan shall be exempt from the civil service law,
chapter 41.06 RCW.
(2) The administrator shall employ such other staff as are
necessary to fulfill the responsibilities and duties of the
administrator, such staff to be subject to the civil service law,
chapter 41.06 RCW. In addition, the administrator may contract with
third parties for services necessary to carry out its activities where
this will promote economy, avoid duplication of effort, and make best
use of available expertise. Any such contractor or consultant shall be
prohibited from releasing, publishing, or otherwise using any
information made available to it under its contractual responsibility
without specific permission of the plan. The administrator may call
upon other agencies of the state to provide available information as
necessary to assist the administrator in meeting its responsibilities
under this chapter, which information shall be supplied as promptly as
circumstances permit.
(3) The administrator may appoint such technical or advisory
committees as he or she deems necessary. ((The administrator shall
appoint a standing technical advisory committee that is representative
of health care professionals, health care providers, and those directly
involved in the purchase, provision, or delivery of health care
services, as well as consumers and those knowledgeable of the ethical
issues involved with health care public policy. Individuals appointed
to any technical or other advisory committee shall serve without
compensation for their services as members, but may be reimbursed for
their travel expenses pursuant to RCW 43.03.050 and 43.03.060.))
(4) The administrator may apply for, receive, and accept grants,
gifts, and other payments, including property and service, from any
governmental or other public or private entity or person, and may make
arrangements as to the use of these receipts, including the undertaking
of special studies and other projects relating to health care costs and
access to health care.
(5) Whenever feasible, the administrator shall reduce the
administrative cost of operating the program by adopting joint policies
or procedures applicable to both the basic health plan and employee
health plans.
NEW SECTION. Sec. 26 RCW 43.63A.068 (Advisory committee on
policies and programs for children and families with incarcerated
parents -- Funding for programs and services) and 2009 c 518 s 18 & 2007
c 384 s 6 are each repealed.
Sec. 27 RCW 28A.300.520 and 2009 c 578 s 9 are each amended to
read as follows:
(1) The superintendent of public instruction shall review current
policies and assess the adequacy and availability of programs targeted
at children who have a parent who is incarcerated in a department of
corrections facility. The superintendent of public instruction shall
adopt policies that support the children of incarcerated parents and
meet their needs with the goal of facilitating normal child
development, including maintaining adequate academic progress, while
reducing intergenerational incarceration.
(2) To the extent funds are available, ((the superintendent shall
conduct the following activities)) to assist in implementing the
requirements of subsection (1) of this section((:)), the superintendent shall gather information and data on the
students who are the children of inmates incarcerated in department of
corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 28 RCW 43.215.065 and 2007 c 384 s 4 are each amended to
read as follows:
(1)(a) The director of the department of early learning shall
review current department policies and assess the adequacy and
availability of programs targeted at persons who receive assistance who
are the children and families of a person who is incarcerated in a
department of corrections facility. Great attention shall be focused
on programs and policies affecting foster youth who have a parent who
is incarcerated.
(b) The director shall adopt policies that support the children of
incarcerated parents and meet their needs with the goal of facilitating
normal child development, while reducing intergenerational
incarceration.
(2) ((The director shall conduct the following activities)) To
assist in implementing the requirements of subsection (1) of this
section((:)), the director shall gather information and data on the
recipients of assistance who are the children and families of inmates
incarcerated in department of corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 29 RCW 72.09.495 and 2007 c 384 s 2 are each amended to read
as follows:
(1) The secretary of corrections shall review current department
policies and assess the following:
(a) The impact of existing policies on the ability of offenders to
maintain familial contact and engagement between inmates and children;
and
(b) The adequacy and availability of programs targeted at inmates
with children.
(2) The secretary shall adopt policies that encourage familial
contact and engagement between inmates and their children with the goal
of reducing recidivism and intergenerational incarceration. Programs
and policies should take into consideration the children's need to
maintain contact with his or her parent and the inmate's ability to
develop plans to financially support their children, assist in
reunification when appropriate, and encourage the improvement of
parenting skills where needed.
(3) The department shall conduct the following activities to assist
in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the families of inmates,
particularly the children of incarcerated parents; and
(b) Evaluate data to determine the impact on recidivism and
intergenerational incarceration((; and)).
(c) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 30 RCW 74.04.800 and 2007 c 384 s 3 are each amended to read
as follows:
(1)(a) The secretary of social and health services shall review
current department policies and assess the adequacy and availability of
programs targeted at persons who receive services through the
department who are the children and families of a person who is
incarcerated in a department of corrections facility. Great attention
shall be focused on programs and policies affecting foster youth who
have a parent who is incarcerated.
(b) The secretary shall adopt policies that encourage familial
contact and engagement between inmates of the department of corrections
facilities and their children with the goal of facilitating normal
child development, while reducing recidivism and intergenerational
incarceration. Programs and policies should take into consideration
the children's need to maintain contact with his or her parent, the
inmate's ability to develop plans to financially support their
children, assist in reunification when appropriate, and encourage the
improvement of parenting skills where needed. The programs and
policies should also meet the needs of the child while the parent is
incarcerated.
(2) ((The secretary shall conduct the following activities)) To
assist in implementing the requirements of subsection (1) of this
section((:)), the secretary shall gather information and data on the
recipients of public assistance, or children in the care of the state
under chapter 13.34 RCW, who are the children and families of inmates
incarcerated in department of corrections facilities((
(a); and)).
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee
Sec. 31 RCW 41.04.033 and 2003 c 205 s 1 are each amended to read
as follows:
The director of the department of personnel is authorized to adopt
rules, after consultation with state agencies, institutions of higher
education, and employee organizations((, to create a Washington state
combined fund drive committee, and)) for the operation of the
Washington state combined fund drive.
Sec. 32 RCW 41.04.0331 and 2003 c 205 s 2 are each amended to
read as follows:
To operate the Washington state combined fund ((drive's powers and
duties include)) drive program, the director of the department of
personnel or his or her designee may but ((are)) is not limited to the
following:
(1) Raising money for charity, and reducing the disruption to
government caused by multiple fund drives;
(2) Establishing criteria by which a public or private nonprofit
organization may participate in the combined fund drive;
(3) Engaging in or encouraging fund-raising activities including
the solicitation and acceptance of charitable gifts, grants, and
donations from state employees, retired public employees, corporations,
foundations, and other individuals for the benefit of the beneficiaries
of the Washington state combined fund drive;
(4) Requesting the appointment of employees from state agencies and
institutions of higher education to lead and manage workplace
charitable giving campaigns within state government;
(5) Engaging in educational activities, including classes,
exhibits, seminars, workshops, and conferences, related to the basic
purpose of the combined fund drive;
(6) Engaging in appropriate fund-raising and advertising activities
for the support of the administrative duties of the Washington state
combined fund drive; and
(7) Charging an administrative fee to the beneficiaries of the
Washington state combined fund drive to fund the administrative duties
of the Washington state combined fund drive.
Activities of the Washington state combined fund drive shall not
result in direct commercial solicitation of state employees, or a
benefit or advantage that would violate one or more provisions of
chapter 42.52 RCW. This section does not authorize individual state
agencies to enter into contracts or partnerships unless otherwise
authorized by law.
Sec. 33 RCW 41.04.0332 and 2003 c 205 s 3 are each amended to
read as follows:
The ((Washington state combined fund drive committee)) department
of personnel may enter into contracts and partnerships with private
institutions, persons, firms, or corporations for the benefit of the
beneficiaries of the Washington state combined fund drive. Activities
of the Washington state combined fund drive shall not result in direct
commercial solicitation of state employees, or a benefit or advantage
that would violate one or more provisions of chapter 42.52 RCW. This
section does not authorize individual state agencies to enter into
contracts or partnerships unless otherwise authorized by law.
NEW SECTION. Sec. 34 The following acts or parts of acts are
each repealed:
(1) RCW 43.101.310 (Board on law enforcement training standards and
education -- Board on correctional training standards -- Created -- Purpose)
and 1997 c 351 s 2;
(2) RCW 43.101.315 (Boards -- Membership) and 1997 c 351 s 3;
(3) RCW 43.101.320 (Boards -- Terms of members) and 1997 c 351 s 4;
(4) RCW 43.101.325 (Termination of membership upon termination of
qualifying office or employment) and 1997 c 351 s 5;
(5) RCW 43.101.330 (Boards -- Chairs -- Quorum) and 1997 c 351 s 6;
(6) RCW 43.101.335 (Boards -- Travel expenses) and 1997 c 351 s 7;
(7) RCW 43.101.340 (Boards -- Powers -- Report to commission) and 1997
c 351 s 8; and
(8) RCW 43.101.345 (Recommendations of boards -- Review by
commission) and 1997 c 351 s 9.
Sec. 35 RCW 43.101.380 and 2009 c 25 s 1 are each amended to read
as follows:
(1) The procedures governing adjudicative proceedings before
agencies under chapter 34.05 RCW, the administrative procedure act,
govern hearings before the commission and govern all other actions
before the commission unless otherwise provided in this chapter. The
standard of proof in actions before the commission is clear, cogent,
and convincing evidence.
(2) In all hearings requested under RCW 43.101.155, a five-member
hearings panel shall both hear the case and make the commission's final
administrative decision. Members of the commission ((or the board on
law enforcement training standards and education)) may, but need not,
be((,)) appointed to the hearings panels. The commission shall appoint
as follows two or more panels to hear appeals from certification
actions:
(a) When a hearing is requested in relation to a certification
action of a Washington peace officer who is not a peace officer of the
Washington state patrol, the commission shall appoint to the panel:
(i) One police chief; (ii) one sheriff; (iii) two certified Washington
peace officers who are at or below the level of first line supervisor,
one of whom is from a city or county law enforcement agency, and who
have at least ten years' experience as peace officers; and (iv) one
person who is not currently a peace officer and who represents a
community college or four-year college or university.
(b) When a hearing is requested in relation to a certification
action of a peace officer of the Washington state patrol, the
commission shall appoint to the panel: (i) Either one police chief or
one sheriff; (ii) one administrator of the state patrol; (iii) one
certified Washington peace officer who is at or below the level of
first line supervisor, who is not a state patrol officer, and who has
at least ten years' experience as a peace officer; (iv) one state
patrol officer who is at or below the level of first line supervisor,
and who has at least ten years' experience as a peace officer; and (v)
one person who is not currently a peace officer and who represents a
community college or four-year college or university.
(c) When a hearing is requested in relation to a certification
action of a tribal police officer, the commission shall appoint to the
panel (i) either one police chief or one sheriff; (ii) one tribal
police chief; (iii) one certified Washington peace officer who is at or
below the level of first line supervisor, and who has at least ten
years' experience as a peace officer; (iv) one tribal police officer
who is at or below the level of first line supervisor, and who has at
least ten years' experience as a peace officer; and (v) one person who
is not currently a peace officer and who represents a community college
or four-year college or university.
(d) Persons appointed to hearings panels by the commission shall,
in relation to any certification action on which they sit, have the
powers, duties, and immunities, and are entitled to the emoluments,
including travel expenses in accordance with RCW 43.03.050 and
43.03.060, of regular commission members.
(3) Where the charge upon which revocation or denial is based is
that a peace officer was "discharged for disqualifying misconduct," and
the discharge is "final," within the meaning of RCW 43.101.105(1)(d),
and the officer received a civil service hearing or arbitration hearing
culminating in an affirming decision following separation from service
by the employer, the hearings panel may revoke or deny certification if
the hearings panel determines that the discharge occurred and was based
on disqualifying misconduct; the hearings panel need not redetermine
the underlying facts but may make this determination based solely on
review of the records and decision relating to the employment
separation proceeding. However, the hearings panel may, in its
discretion, consider additional evidence to determine whether such a
discharge occurred and was based on such disqualifying misconduct. The
hearings panel shall, upon written request by the subject peace
officer, allow the peace officer to present additional evidence of
extenuating circumstances.
Where the charge upon which revocation or denial of certification
is based is that a peace officer "has been convicted at any time of a
felony offense" within the meaning of RCW 43.101.105(1)(c), the
hearings panel shall revoke or deny certification if it determines that
the peace officer was convicted of a felony. The hearings panel need
not redetermine the underlying facts but may make this determination
based solely on review of the records and decision relating to the
criminal proceeding. However, the hearings panel shall, upon the
panel's determination of relevancy, consider additional evidence to
determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is based is under
RCW 43.101.105(1) (a), (b), (e), or (f), the hearings panel shall
determine the underlying facts relating to the charge upon which
revocation or denial of certification is based.
(4) The commission's final administrative decision is subject to
judicial review under RCW 34.05.510 through 34.05.598.
NEW SECTION. Sec. 36 RCW 43.105.055 (Advisory committees -- Customer advisory board) and 1999 c 80 s 7 & 1987 c 504 s 9 are each
repealed.
Sec. 37 RCW 43.105.052 and 2000 c 180 s 1 are each amended to
read as follows:
The department shall:
(1) Perform all duties and responsibilities the board delegates to
the department, including but not limited to:
(a) The review of agency information technology portfolios and
related requests; and
(b) Implementation of statewide and interagency policies,
standards, and guidelines;
(2) Make available information services to state agencies and local
governments and public benefit nonprofit corporations on a full cost-recovery basis. For the purposes of this section "public benefit
nonprofit corporation" means a public benefit nonprofit corporation as
defined in RCW 24.03.005 that is receiving local, state, or federal
funds either directly or through a public agency other than an Indian
tribe or political subdivision of another state. These services may
include, but are not limited to:
(a) Telecommunications services for voice, data, and video;
(b) Mainframe computing services;
(c) Support for departmental and microcomputer evaluation,
installation, and use;
(d) Equipment acquisition assistance, including leasing, brokering,
and establishing master contracts;
(e) Facilities management services for information technology
equipment, equipment repair, and maintenance service;
(f) Negotiation with local cable companies and local governments to
provide for connection to local cable services to allow for access to
these public and educational channels in the state;
(g) Office automation services;
(h) System development services; and
(i) Training.
These services are for discretionary use by customers and customers
may elect other alternatives for service if those alternatives are more
cost-effective or provide better service. Agencies may be required to
use the backbone network portions of the telecommunications services
during an initial start-up period not to exceed three years;
(3) Establish rates and fees for services provided by the
department to assure that the services component of the department is
self-supporting. A billing rate plan shall be developed for a two-year
period to coincide with the budgeting process. The rate plan shall be
subject to review at least annually by the ((customer advisory board))
office of financial management. The rate plan shall show the proposed
rates by each cost center and will show the components of the rate
structure as mutually determined by the department and the ((customer
advisory board)) office of financial management. The same rate
structure will apply to all user agencies of each cost center. The
rate plan and any adjustments to rates shall be approved by the office
of financial management. The services component shall not subsidize
the operations of the strategic planning and policy component;
(4) With the advice of the information services board and agencies,
develop a state strategic information technology plan and performance
reports as required under RCW 43.105.160;
(5) Develop plans for the department's achievement of statewide
goals and objectives set forth in the state strategic information
technology plan required under RCW 43.105.160. These plans shall
address such services as telecommunications, central and distributed
computing, local area networks, office automation, and end user
computing. The department shall seek the advice of the ((customer
advisory board and the)) board in the development of these plans;
(6) Under direction of the information services board and in
collaboration with the department of personnel, and other agencies as
may be appropriate, develop training plans and coordinate training
programs that are responsive to the needs of agencies;
(7) Identify opportunities for the effective use of information
services and coordinate appropriate responses to those opportunities;
(8) Assess agencies' projects, acquisitions, plans, information
technology portfolios, or overall information processing performance as
requested by the board, agencies, the director of financial management,
or the legislature. Agencies may be required to reimburse the
department for agency-requested reviews;
(9) Develop planning, budgeting, and expenditure reporting
requirements, in conjunction with the office of financial management,
for agencies to follow;
(10) Assist the office of financial management with budgetary and
policy review of agency plans for information services;
(11) Provide staff support from the strategic planning and policy
component to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines adopted by
the board;
(c) Supervision of studies and reports requested by the board;
(d) Conducting reviews and assessments as directed by the board;
(12) Be the lead agency in coordinating video telecommunications
services for all state agencies and develop, pursuant to board
policies, standards and common specifications for leased and purchased
telecommunications equipment. The department shall not evaluate the
merits of school curriculum, higher education course offerings, or
other education and training programs proposed for transmission and/or
reception using video telecommunications resources. Nothing in this
section shall abrogate or abridge the legal responsibilities of
licensees of telecommunications facilities as licensed by the federal
communication commission on March 27, 1990; and
(13) Perform all other matters and things necessary to carry out
the purposes and provisions of this chapter.
NEW SECTION. Sec. 38 The following acts or parts of acts are
each repealed:
(1) RCW 70.198.010 (Findings) and 2004 c 47 s 1;
(2) RCW 70.198.020 (Advisory council -- Membership) and 2009 c 381 s
33 & 2004 c 47 s 2.
Sec. 39 RCW 72.23.025 and 2006 c 333 s 204 are each amended to
read as follows:
(1) It is the intent of the legislature to improve the quality of
service at state hospitals, eliminate overcrowding, and more
specifically define the role of the state hospitals. The legislature
intends that eastern and western state hospitals shall become clinical
centers for handling the most complicated long-term care needs of
patients with a primary diagnosis of mental disorder. To this end, the
legislature intends that funds appropriated for mental health programs,
including funds for regional support networks and the state hospitals
be used for persons with primary diagnosis of mental disorder. The
legislature finds that establishment of ((the eastern state hospital
board, the western state hospital board, and)) institutes for the study
and treatment of mental disorders at both eastern state hospital and
western state hospital will be instrumental in implementing the
legislative intent.
(2)(((a) The eastern state hospital board and the western state
hospital board are each established. Members of the boards shall be
appointed by the governor with the consent of the senate. Each board
shall include:))(a) There is established at eastern state hospital and western
state hospital, institutes for the study and treatment of mental
disorders. The institutes shall be operated by joint operating
agreements between state colleges and universities and the department
of social and health services. The institutes are intended to conduct
training, research, and clinical program development activities that
will directly benefit ((
(i) The director of the institute for the study and treatment of
mental disorders established at the hospital;
(ii) One family member of a current or recent hospital resident;
(iii) One consumer of services;
(iv) One community mental health service provider;
(v) Two citizens with no financial or professional interest in
mental health services;
(vi) One representative of the regional support network in which
the hospital is located;
(vii) One representative from the staff who is a physician;
(viii) One representative from the nursing staff;
(ix) One representative from the other professional staff;
(x) One representative from the nonprofessional staff; and
(xi) One representative of a minority community.
(b) At least one representative listed in (a)(viii), (ix), or (x)
of this subsection shall be a union member.
(c) Members shall serve four-year terms. Members of the board
shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060 and shall receive compensation as provided in RCW
43.03.240.
(3) The boards established under this section shall:
(a) Monitor the operation and activities of the hospital;
(b) Review and advise on the hospital budget;
(c) Make recommendations to the governor and the legislature for
improving the quality of service provided by the hospital;
(d) Monitor and review the activities of the hospital in
implementing the intent of the legislature set forth in this section;
and
(e) Consult with the secretary regarding persons the secretary may
select as the superintendent of the hospital whenever a vacancy occurs.
(4)mentally ill)) persons with mental illness who
are receiving treatment in Washington state by performing the following
activities:
(i) Promote recruitment and retention of highly qualified
professionals at the state hospitals and community mental health
programs;
(ii) Improve clinical care by exploring new, innovative, and
scientifically based treatment models for persons presenting
particularly difficult and complicated clinical syndromes;
(iii) Provide expanded training opportunities for existing staff at
the state hospitals and community mental health programs;
(iv) Promote bilateral understanding of treatment orientation,
possibilities, and challenges between state hospital professionals and
community mental health professionals.
(b) To accomplish these purposes the institutes may, within funds
appropriated for this purpose:
(i) Enter joint operating agreements with state universities or
other institutions of higher education to accomplish the placement and
training of students and faculty in psychiatry, psychology, social
work, occupational therapy, nursing, and other relevant professions at
the state hospitals and community mental health programs;
(ii) Design and implement clinical research projects to improve the
quality and effectiveness of state hospital services and operations;
(iii) Enter into agreements with community mental health service
providers to accomplish the exchange of professional staff between the
state hospitals and community mental health service providers;
(iv) Establish a student loan forgiveness and conditional
scholarship program to retain qualified professionals at the state
hospitals and community mental health providers when the secretary has
determined a shortage of such professionals exists.
(c) Notwithstanding any other provisions of law to the contrary,
the institutes may enter into agreements with the department or the
state hospitals which may involve changes in staffing necessary to
implement improved patient care programs contemplated by this section.
(d) The institutes are authorized to seek and accept public or
private gifts, grants, contracts, or donations to accomplish their
purposes under this section.
Sec. 40 RCW 43.43.930 and 1995 c 369 s 14 are each amended to
read as follows:
The legislature finds that fire protection services at the state
level are provided by different, independent state agencies. This has
resulted in a lack of a comprehensive state-level focus for state fire
protection services, funding, and policy. The legislature further
finds that the paramount duty of the state in fire protection services
is to enhance the capacity of all local jurisdictions to assure that
their personnel with fire suppression, prevention, inspection, origin
and cause, and arson investigation responsibilities are adequately
trained to discharge their responsibilities. It is the intent of the
legislature to consolidate fire protection services into a single state
agency ((and to create a state board with the responsibility of (1)
establishing a comprehensive state policy regarding fire protection
services and (2) advising the chief of the Washington state patrol and
the director of fire protection on matters relating to their duties
under state law)). It is also the intent of the legislature that the
fire protection services program created herein will assist local fire
protection agencies in program development without encroaching upon
their historic autonomy. It is the further intent of the legislature
that the fire protection services program be implemented incrementally
to assure a smooth transition, to build local, regional, and state
capacity, and to avoid undue burdens on jurisdictions with limited
resources.
Sec. 41 RCW 43.43.938 and 1995 c 369 s 18 are each amended to
read as follows:
(1) Wherever the term state fire marshal appears in the Revised
Code of Washington or the Washington Administrative Code it shall mean
the director of fire protection.
(2) The chief of the Washington state patrol shall appoint an
officer who shall be known as the director of fire protection. The
((board, after consulting with the)) chief of the Washington state
patrol((,)) shall prescribe qualifications for the position of director
of fire protection. ((The board shall submit to the chief of the
Washington state patrol a list containing the names of three persons
whom the board believes meet its qualifications. If requested by the
chief of the Washington state patrol, the board shall submit one
additional list of three persons whom the board believes meet its
qualifications. The appointment shall be from one of the lists of
persons submitted by the board.))
(3) The director of fire protection may designate one or more
deputies and may delegate to those deputies his or her duties and
authorities as deemed appropriate.
(4) The director of fire protection((, in accordance with the
policies, objectives, and priorities of the fire protection policy
board,)) shall prepare a biennial budget pertaining to fire protection
services. Such biennial budget shall be submitted as part of the
Washington state patrol's budget request.
(5) The director of fire protection((,)) shall implement and
administer, within constraints established by budgeted resources, ((the
policies, objectives, and priorities of the board and)) all duties of
the chief of the Washington state patrol that are to be carried out
through the director of fire protection. Such administration shall
include negotiation of agreements with the state board for community
and technical colleges, the higher education coordinating board, and
the state colleges and universities as provided in RCW ((43.63A.320))
43.43.934. Programs covered by such agreements shall include, but not
be limited to, planning curricula, developing and delivering
instructional programs and materials, and using existing instructional
personnel and facilities. Where appropriate, such contracts shall also
include planning and conducting instructional programs at the state
fire service training center.
(6) The chief of the Washington state patrol, through the director
of fire protection, shall seek the advice of the board in carrying out
his or her duties under law.
Sec. 42 RCW 43.43.962 and 2003 c 405 s 3 are each amended to read
as follows:
The ((state fire protection policy board shall review and make
recommendations to the chief on the refinement and maintenance of))
director of fire protection shall maintain and refine the Washington
state fire services mobilization plan, which shall include the
procedures to be used during fire and other emergencies for
coordinating local, regional, and state fire jurisdiction resources.
In carrying out this duty, the director of fire protection ((policy
board)) shall consult with and solicit recommendations from
representatives of state and local fire and emergency management
organizations, regional fire defense boards, and the department of
natural resources. The Washington state fire services mobilization
plan shall be consistent with, and made part of, the Washington state
comprehensive emergency management plan. The chief shall review the
fire services mobilization plan as submitted by the director of fire
protection ((policy board)), recommend changes that may be necessary,
and approve the fire services mobilization plan for inclusion within
the state comprehensive emergency management plan.
It is the responsibility of the chief to mobilize jurisdictions
under the Washington state fire services mobilization plan. The state
fire marshal shall serve as the state fire resources coordinator when
the Washington state fire services mobilization plan is mobilized.
NEW SECTION. Sec. 43 The following acts or parts of acts are
each repealed:
(1) RCW 43.43.932 (State fire protection policy board -- Created -- Members) and 2005 c 35 s 1, 1995 c 369 s 15, & 1986 c 266 s 55; and
(2) RCW 43.43.936 (State fire protection policy board -- Advisory
duties) and 1995 c 369 s 17, 1993 c 280 s 70, & 1986 c 266 s 57.
Sec. 44 RCW 43.43.934 and 2003 c 316 s 1 are each amended to read
as follows:
((Except for matters relating to the statutory duties of the chief
of the Washington state patrol that are to be carried out through)) The
director of fire protection((, the board shall have the responsibility
of developing a comprehensive state policy regarding fire protection
services. In carrying out its duties, the board)) shall:
(1)(a) ((Adopt a state fire training and education master plan that
allows to the maximum feasible extent for negotiated agreements:)) (i)
With the state board for community and technical colleges ((to)),
provide academic, vocational, and field training programs for the fire
service; and (ii) with the higher education coordinating board and the
state colleges and universities ((to)), provide instructional programs
requiring advanced training, especially in command and management
skills;
(b) ((Adopt minimum standards for each level of responsibility
among personnel with fire suppression, prevention, inspection, and
investigation responsibilities that assure continuing assessment of
skills and are flexible enough to meet emerging technologies. With
particular respect to training for fire investigations, the master plan
shall encourage cross training in appropriate law enforcement skills.
To meet special local needs, fire agencies may adopt more stringent
requirements than those adopted by the state;)) Cooperate with the common schools, technical and community
colleges, institutions of higher education, and any department or
division of the state, or of any county or municipal corporation in
establishing and maintaining instruction in fire service training and
education in accordance with any act of congress and legislation
enacted by the legislature in pursuance thereof and in establishing,
building, and operating training and education facilities.
(c)
Industrial fire departments and private fire investigators may
participate in training and education programs under this chapter for
a reasonable fee established by rule;
(((d))) (c) Develop and adopt a master plan for constructing,
equipping, maintaining, and operating necessary fire service training
and education facilities subject to the provisions of chapter 43.19
RCW;
(((e))) (d) Develop and adopt a master plan for the purchase,
lease, or other acquisition of real estate necessary for fire service
training and education facilities in a manner provided by law; and
(((f))) (e) Develop and adopt a plan with a goal of providing
firefighter one and wildland training, as defined by the board, to all
firefighters in the state. Wildland training reimbursement will be
provided if a fire protection district or a city fire department has
and is fulfilling their interior attack policy or if they do not have
an interior attack policy. The plan will include a reimbursement for
fire protection districts and city fire departments of not less than
three dollars for every hour of firefighter one or wildland training.
The Washington state patrol shall not provide reimbursement for more
than two hundred hours of firefighter one or wildland training for each
firefighter trained.
(2) ((In addition to its responsibilities for fire service
training, the board shall:)) (a) Promote mutual aid and disaster planning for fire
services in this state;
(a) Adopt a state fire protection master plan;
(b) Monitor fire protection in the state and develop objectives and
priorities to improve fire protection for the state's citizens
including: (i) The comprehensiveness of state and local inspections
required by law for fire and life safety; (ii) the level of skills and
training of inspectors, as well as needs for additional training; and
(iii) the efforts of local, regional, and state inspection agencies to
improve coordination and reduce duplication among inspection efforts;
(c) Establish and promote state arson control programs and ensure
development of local arson control programs;
(d) Provide representation for local fire protection services to
the governor in state-level fire protection planning matters such as,
but not limited to, hazardous materials control;
(e) Recommend to the adjutant general rules on minimum information
requirements of automatic location identification for the purposes of
enhanced 911 emergency service;
(f) Seek and solicit grants, gifts, bequests, devises, and matching
funds for use in furthering the objectives and duties of the board, and
establish procedures for administering them;
(g)
(((h))) (b) Assure the dissemination of information concerning the
amount of fire damage including that damage caused by arson, and its
causes and prevention; and
(((i))) (c) Implement any legislation enacted by the legislature to
meet the requirements of any acts of congress that apply to this
section.
(3) In carrying out its statutory duties, the ((board)) office of
the state fire marshal shall give particular consideration to the
appropriate roles to be played by the state and by local jurisdictions
with fire protection responsibilities. Any determinations on the
division of responsibility shall be made in consultation with local
fire officials and their representatives.
To the extent possible, the ((board)) office of the state fire
marshal shall encourage development of regional units along compatible
geographic, population, economic, and fire risk dimensions. Such
regional units may serve to: (a) Reinforce coordination among state
and local activities in fire service training, reporting, inspections,
and investigations; (b) identify areas of special need, particularly in
smaller jurisdictions with inadequate resources; (c) assist the state
in its oversight responsibilities; (d) identify funding needs and
options at both the state and local levels; and (e) provide models for
building local capacity in fire protection programs.
Sec. 45 RCW 38.52.530 and 2006 c 210 s 1 are each amended to read
as follows:
The enhanced 911 advisory committee is created to advise and assist
the state enhanced 911 coordinator in coordinating and facilitating the
implementation and operation of enhanced 911 throughout the state. The
director shall appoint members of the committee who represent diverse
geographical areas of the state and include state residents who are
members of the national emergency number association, the associated
public communications officers Washington chapter, the Washington state
fire chiefs association, the Washington association of sheriffs and
police chiefs, the Washington state council of firefighters, the
Washington state council of police officers, the Washington ambulance
association, ((the state fire protection policy board,)) the Washington
state firefighters association, the Washington state association of
fire marshals, the Washington fire commissioners association, the
Washington state patrol, the association of Washington cities, the
Washington state association of counties, the utilities and
transportation commission or commission staff, a representative of a
voice over internet protocol company, and an equal number of
representatives of large and small local exchange telephone companies
and large and small radio communications service companies offering
commercial mobile radio service in the state. This section expires
December 31, 2011.
Sec. 46 RCW 49.26.120 and 1995 c 218 s 6 are each amended to read
as follows:
(1) No person may assign any employee, contract with, or permit any
individual or person to remove or encapsulate asbestos in any facility
unless performed by a certified asbestos worker and under the direct,
on-site supervision of a certified asbestos supervisor. In cases in
which an employer conducts an asbestos abatement project in its own
facility and by its own employees, supervision can be performed in the
regular course of a certified asbestos supervisor's duties. Asbestos
workers must have access to certified asbestos supervisors throughout
the duration of the project.
(2) The department shall require persons undertaking asbestos
projects to provide written notice to the department before the
commencement of the project except as provided in RCW 49.26.125. The
notice shall include a written description containing such information
as the department requires by rule. The department may by rule allow
a person to report multiple projects at one site in one report. The
department shall by rule establish the procedure and criteria by which
a person will be considered to have attempted to meet the
prenotification requirement.
(3) The department shall consult with the ((state fire protection
policy board,)) Washington state association of fire chiefs and may
establish any additional policies and procedures for municipal fire
department and fire district personnel who clean up sites after fires
which have rendered it likely that asbestos has been or will be
disturbed or released into the air.
NEW SECTION. Sec. 47 RCW 70.105E.090 (Advisory board -- Public
involvement -- Funding) and 2005 c 1 s 9 are each repealed.
NEW SECTION. Sec. 48 The following acts or parts of acts are
each repealed:
(1) RCW 48.62.051 (Health and welfare advisory board -- Creation -- Membership -- Duties) and 1991 sp.s. c 30 s 5; and
(2) RCW 48.62.041 (Property and liability advisory board -- Creation -- Membership -- Duties) and 1991 sp.s. c 30 s 4.
Sec. 49 RCW 48.62.061 and 1991 sp.s. c 30 s 6 are each amended to
read as follows:
The state risk manager((, in consultation with the property and
liability advisory board,)) shall adopt rules governing the management
and operation of both individual and joint local government self-insurance programs covering property or liability risks. The state
risk manager shall also adopt rules governing the management and
operation of both individual and joint local government self-insured
health and welfare benefits programs ((in consultation with the health
and welfare benefits advisory board)). All rules shall be appropriate
for the type of program and class of risk covered. The state risk
manager's rules shall include:
(1) Standards for the management, operation, and solvency of self-insurance programs, including the necessity and frequency of actuarial
analyses and claims audits;
(2) Standards for claims management procedures; and
(3) Standards for contracts between self-insurance programs and
private businesses including standards for contracts between third-party administrators and programs.
Sec. 50 RCW 48.62.161 and 1991 sp.s. c 30 s 16 are each amended
to read as follows:
(1) The state risk manager shall establish and charge an
investigation fee in an amount necessary to cover the costs for the
initial review and approval of a self-insurance program. The fee must
accompany the initial submission of the plan of operation and
management.
(2) The costs of subsequent reviews and investigations shall be
charged to the self-insurance program being reviewed or investigated in
accordance with the actual time and expenses incurred in the review or
investigation.
(3) ((After the formation of the two advisory boards, each board
may)) The state risk manager shall calculate, levy, and collect from
each joint property and liability self-insurance program and each
individual and joint health and welfare benefit program regulated by
this chapter a start-up assessment to pay initial expenses and
operating costs of ((the boards and)) the risk manager's office in
administering this chapter. Any program failing to remit its
assessment when due is subject to denial of permission to operate or to
a cease and desist order until the assessment is paid.
Sec. 51 RCW 41.05.035 and 2007 c 259 s 10 are each amended to
read as follows:
(1) The administrator shall design and pilot a consumer-centric
health information infrastructure and the first health record banks
that will facilitate the secure exchange of health information when and
where needed and shall:
(a) Complete the plan of initial implementation, including but not
limited to determining the technical infrastructure for health record
banks and the account locator service, setting criteria and standards
for health record banks, and determining oversight of health record
banks;
(b) Implement the first health record banks in pilot sites as
funding allows;
(c) Involve health care consumers in meaningful ways in the design,
implementation, oversight, and dissemination of information on the
health record bank system; and
(d) Promote adoption of electronic medical records and health
information exchange through continuation of the Washington health
information collaborative, and by working with private payors and other
organizations in restructuring reimbursement to provide incentives for
providers to adopt electronic medical records in their practices.
(2) ((The administrator may establish an advisory board, a
stakeholder committee, and subcommittees to assist in carrying out the
duties under this section. The administrator may reappoint health
information infrastructure advisory board members to assure continuity
and shall appoint any additional representatives that may be required
for their expertise and experience.)) The administrator may work with public and private entities
to develop and encourage the use of personal health records which are
portable, interoperable, secure, and respectful of patients' privacy.
(a) The administrator shall appoint the chair of the advisory
board, chairs, and cochairs of the stakeholder committee, if formed;
(b) Meetings of the board, stakeholder committee, and any advisory
group are subject to chapter 42.30 RCW, the open public meetings act,
including RCW 42.30.110(1)(l), which authorizes an executive session
during a regular or special meeting to consider proprietary or
confidential nonpublished information; and
(c) The members of the board, stakeholder committee, and any
advisory group:
(i) Shall agree to the terms and conditions imposed by the
administrator regarding conflicts of interest as a condition of
appointment;
(ii) Are immune from civil liability for any official acts
performed in good faith as members of the board, stakeholder committee,
or any advisory group.
(3) Members of the board may be compensated for participation in
accordance with a personal services contract to be executed after
appointment and before commencement of activities related to the work
of the board. Members of the stakeholder committee shall not receive
compensation but shall be reimbursed under RCW 43.03.050 and 43.03.060.
(4)
(((5))) (3) The administrator may enter into contracts to issue,
distribute, and administer grants that are necessary or proper to carry
out this section.
NEW SECTION. Sec. 52 RCW 28B.76.100 (Advisory council) and 2007
c 458 s 103, 2004 c 275 s 2, & 1985 c 370 s 9 are each repealed.
Sec. 53 RCW 28B.76.280 and 2004 c 275 s 12 are each amended to
read as follows:
(1) In consultation with the institutions of higher education and
state education agencies, the board shall identify the data needed to
carry out its responsibilities for policy analysis, accountability,
program improvements, and public information. The primary goals of the
board's data collection and research are to describe how students and
other beneficiaries of higher education are being served; to support
higher education accountability; and to assist state policymakers and
institutions in making policy decisions.
(2) The board shall ((convene a research advisory group and shall
collaborate with the group to)) identify the most cost-effective manner
for the board to collect data or access existing data. The board shall
((work with the advisory group to)) develop research priorities,
policies, and common definitions to maximize the reliability and
consistency of data across institutions. ((The advisory group shall
include representatives of public and independent higher education
institutions and other state agencies, including the state board for
community and technical colleges, the office of the superintendent of
public instruction, the office of financial management, the employment
security department, the workforce training and education coordinating
board, and other agencies as appropriate.))
(3) Specific protocols shall be developed by the board ((and the
advisory group)) to protect the privacy of individual student records
while ensuring the availability of student data for legitimate research
purposes.
Sec. 54 RCW 18.280.050 and 2008 c 119 s 5 are each amended to
read as follows:
The director has the following authority in administering this
chapter:
(1) To adopt, amend, and rescind rules approved by the board as
deemed necessary to carry out this chapter;
(2) To call meetings of the board. However, the director may not
call more than four meetings of the board per year;
(3) To administer licensing examinations approved by the board and
to adopt or recognize examinations prepared by other entities as
approved by the board;
(((3))) (4) To adopt standards of professional conduct, practice,
and ethics as approved by the board; and
(((4))) (5) To adopt fees as provided in RCW 43.24.086.
Sec. 55 RCW 18.280.060 and 2008 c 119 s 6 are each amended to
read as follows:
The board has the following authority in administering this
chapter:
(1) To establish rules, including board organization and assignment
of terms, ((and meeting frequency and timing,)) for adoption by the
director;
(2) To establish the minimum qualifications for licensing
applicants as provided in this chapter;
(3) To approve the method of administration of examinations
required by this chapter or by rule as established by the director;
(4) To approve the content of or recognition of examinations
prepared by other entities for adoption by the director;
(5) To set the time and place of examinations with the approval of
the director; and
(6) To establish and review standards of professional conduct,
practice, and ethics for adoption by the director. These standards
must address what constitutes certain fire and safety hazards as used
in RCW 18.280.030.
Sec. 56 RCW 43.330.090 and 2009 c 151 s 1 are each amended to
read as follows:
(1) The department shall work with private sector organizations,
industry and sector associations, federal agencies, state agencies that
use a sector-based approach to service delivery, local governments,
local associate development organizations, and higher education and
training institutions in the development of industry sector-based
strategies to diversify the economy, facilitate technology transfer and
diffusion, and increase value-added production. The industry sectors
targeted by the department may include, but are not limited to,
aerospace, agriculture, food processing, forest products, marine
services, health and biomedical, software, digital and interactive
media, transportation and distribution, and microelectronics. The
department shall, on a continuing basis, evaluate the potential return
to the state from devoting additional resources to an industry sector-based approach to economic development and identifying and assisting
additional sectors.
(2) The department's sector-based strategies shall include, but not
be limited to, cluster-based strategies that focus on assisting
regional industry sectors and related firms and institutions that meet
the definition of an industry cluster in this section and based on
criteria identified by the working group established in this chapter.
(3)(a) The department shall promote, market, and encourage growth
in the production of films and videos, as well as television
commercials within the state; to this end the department is directed to
assist in the location of a film and video production studio within the
state.
(b) The department may, in carrying out its efforts to encourage
film and video production in the state, solicit and receive gifts,
grants, funds, fees, and endowments, in trust or otherwise, from
tribal, local, or other governmental entities, as well as private
sources, and may expend the same or any income therefrom for the
encouragement of film and video production. All revenue received for
such purposes shall be deposited into the film and video promotion
account created in RCW 43.330.092.
(4) In assisting in the development of regional and statewide
industry cluster-based strategies, the department's activities shall
include, but are not limited to:
(a) Facilitating regional focus group discussions and conducting
studies to identify industry clusters, appraise the current information
linkages within a cluster, and identify issues of common concern within
a cluster;
(b) Supporting industry and cluster associations, publications of
association and cluster directories, and related efforts to create or
expand the activities of industry and cluster associations;
(c) Administering a competitive grant program to fund economic
development activities designed to further regional cluster growth. In
administering the program, the department shall work with ((an industry
cluster advisory committee with equal representation from)) the
economic development commission, the workforce training and education
coordinating board, the state board for community and technical
colleges, the employment security department, business, and labor.
(i) The ((industry cluster advisory committee)) department shall
((recommend)) seek recommendations on criteria for evaluating
applications for grant funds and recommend applicants for receipt of
grant funds. Criteria shall include not duplicating the purpose or
efforts of industry skill panels.
(ii) Applicants must include organizations from at least two
counties and participants from the local business community. Eligible
organizations include, but are not limited to, local governments,
economic development councils, chambers of commerce, federally
recognized Indian tribes, workforce development councils, and
educational institutions.
(iii) Applications must evidence financial participation of the
partner organizations.
(iv) Eligible activities include the formation of cluster economic
development partnerships, research and analysis of economic development
needs of the cluster, the development of a plan to meet the economic
development needs of the cluster, and activities to implement the plan.
(v) Priority shall be given to applicants that complement industry
skill panels and will use the grant funds to build linkages and joint
projects.
(vi) The maximum amount of a grant is one hundred thousand dollars.
(vii) A maximum of one hundred thousand dollars total can go to
King, Pierce, Kitsap, and Snohomish counties combined.
(viii) No more than ten percent of funds received for the grant
program may be used by the department for administrative costs.
(5) As used in this chapter, "industry cluster" means a geographic
concentration of interconnected companies in a single industry, related
businesses in other industries, including suppliers and customers, and
associated institutions, including government and education.
NEW SECTION. Sec. 57 The following acts or parts of acts are
each repealed:
(1) RCW 10.98.200 (Findings -- Intent) and 2005 c 274 s 208 & 2003 c
104 s 1;
(2) RCW 10.98.210 (Washington integrated justice information
board -- Members) and 2003 c 104 s 3;
(3) RCW 10.98.220 (Washington integrated justice information
board -- Meetings) and 2003 c 104 s 4;
(4) RCW 10.98.230 (Washington integrated justice information
board -- Powers and duties) and 2003 c 104 s 5; and
(5) RCW 10.98.240 (Washington integrated justice information
board -- Report) and 2003 c 104 s 6.
NEW SECTION. Sec. 58 The following acts or parts of acts are
each repealed:
(1) RCW 43.105.800 (K-20 educational network board) and 1999 c 285
s 2; and
(2) RCW 43.105.810 (K-20 network technical steering committee) and
1999 c 285 s 6.
Sec. 59 RCW 43.105.020 and 2009 c 565 s 32, 2009 c 509 s 7, and
2009 c 486 s 14 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly ((required [requires])) requires otherwise.
(1) "Administrator" means the community technology opportunity
program administrator designated by the department.
(2) "Backbone network" means the shared high-density portions of
the state's telecommunications transmission facilities. It includes
specially conditioned high-speed communications carrier lines,
multiplexors, switches associated with such communications lines, and
any equipment and software components necessary for management and
control of the backbone network.
(3) "Board" means the information services board.
(4) "Broadband" means a high-speed, high capacity transmission
medium, using land-based, satellite, wireless, or any other mechanism,
that can carry either signals or transmit data, or both, over long
distances by using a wide range of frequencies.
(5) "Committee" means the state interoperability executive
committee.
(6) "Common vendor registration and bid notification system" has
the definition in RCW 39.29.006.
(7) "Community technology programs" means programs that are engaged
in diffusing information and communications technology in local
communities, particularly in unserved and underserved areas of the
state. These programs may include, but are not limited to, programs
that provide education and skill-building opportunities, hardware and
software, internet connectivity, digital media literacy, development of
locally relevant content, and delivery of vital services through
technology.
(8) "Council" means the advisory council on digital inclusion
created in RCW 43.105.400.
(9) "Department" means the department of information services.
(10) "Director" means the director of the department.
(11) "Educational sectors" means those institutions of higher
education, school districts, and educational service districts that use
the network for distance education, data transmission, and other uses
permitted by the K-20 board.
(12) "Equipment" means the machines, devices, and transmission
facilities used in information processing, such as computers, word
processors, terminals, telephones, wireless communications system
facilities, cables, and any physical facility necessary for the
operation of such equipment.
(13) "High-speed internet" means broadband.
(14) "Information" includes, but is not limited to, data, text,
voice, and video.
(15) "Information processing" means the electronic capture,
collection, storage, manipulation, transmission, retrieval, and
presentation of information in the form of data, text, voice, or image
and includes telecommunications and office automation functions.
(16) "Information services" means data processing,
telecommunications, office automation, and computerized information
systems.
(17) "Information technology portfolio" or "portfolio" means a
strategic management process documenting relationships between agency
missions and information technology and telecommunications investments.
(18) (("K-20 educational network board" or "K-20 board" means the
K-20 educational network board created in RCW 43.105.800.)) "K-20 network" means the network established in RCW
43.105.820.
(19)
(((20) "K-20 network technical steering committee" or "committee"
means the K-20 network technical steering committee created in RCW
43.105.810.)) (19) "Local governments" includes all municipal and quasi
municipal corporations and political subdivisions, and all agencies of
such corporations and subdivisions authorized to contract separately.
(21)
(((22))) (20) "Oversight" means a process of comprehensive risk
analysis and management designed to ensure optimum use of information
technology resources and telecommunications.
(((23))) (21) "Proprietary software" means that software offered
for sale or license.
(((24))) (22) "Purchased services" means services provided by a
vendor to accomplish routine, continuing, and necessary functions.
This term includes, but is not limited to, services acquired for
equipment maintenance and repair, operation of a physical plant,
security, computer hardware and software installation and maintenance,
telecommunications installation and maintenance, data entry, keypunch
services, programming services, and computer time-sharing.
(((25))) (23) "Small business" has the definition in RCW 39.29.006.
(((26))) (24) "Telecommunications" means the transmission of
information by wire, radio, optical cable, electromagnetic, or other
means.
(((27))) (25) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting
and/or receiving visual and associated audio information. Video
telecommunications shall not include existing public television
broadcast stations as currently designated by the department of
commerce under chapter 43.330 RCW.
Sec. 60 RCW 43.105.041 and 2009 c 486 s 13 are each amended to
read as follows:
(1) The board shall have the following powers and duties related to
information services:
(a) To develop standards and procedures governing the acquisition
and disposition of equipment, proprietary software and purchased
services, licensing of the radio spectrum by or on behalf of state
agencies, and confidentiality of computerized data;
(b) To purchase, lease, rent, or otherwise acquire, dispose of, and
maintain equipment, proprietary software, and purchased services, or to
delegate to other agencies and institutions of state government, under
appropriate standards, the authority to purchase, lease, rent, or
otherwise acquire, dispose of, and maintain equipment, proprietary
software, and purchased services: PROVIDED, That, agencies and
institutions of state government are expressly prohibited from
acquiring or disposing of equipment, proprietary software, and
purchased services without such delegation of authority. The
acquisition and disposition of equipment, proprietary software, and
purchased services is exempt from RCW 43.19.1919 and, as provided in
RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200,
except that the board, the department, and state agencies, as
delegated, must post notices of technology procurement bids on the
state's common vendor registration and bid notification system. This
subsection (1)(b) does not apply to the legislative branch;
(c) To develop statewide or interagency technical policies,
standards, and procedures;
(d) To review and approve standards and common specifications for
new or expanded telecommunications networks proposed by agencies,
public postsecondary education institutions, educational service
districts, or statewide or regional providers of K-12 information
technology services, and to assure the cost-effective development and
incremental implementation of a statewide video telecommunications
system to serve: Public schools; educational service districts;
vocational-technical institutes; community colleges; colleges and
universities; state and local government; and the general public
through public affairs programming;
(e) To provide direction concerning strategic planning goals and
objectives for the state. The board shall seek input from the
legislature and the judiciary;
(f) To develop and implement a process for the resolution of
appeals by:
(i) Vendors concerning the conduct of an acquisition process by an
agency or the department; or
(ii) A customer agency concerning the provision of services by the
department or by other state agency providers;
(g) To establish policies for the periodic review by the department
of agency performance which may include but are not limited to analysis
of:
(i) Planning, management, control, and use of information services;
(ii) Training and education; and
(iii) Project management;
(h) To set its meeting schedules and convene at scheduled times, or
meet at the request of a majority of its members, the chair, or the
director;
(i) To review and approve that portion of the department's budget
requests that provides for support to the board; and
(j) To develop procurement policies and procedures, such as
unbundled contracting and subcontracting, that encourage and facilitate
the purchase of products and services by state agencies and
institutions from Washington small businesses to the maximum extent
practicable and consistent with international trade agreement
commitments.
(2) Statewide technical standards to promote and facilitate
electronic information sharing and access are an essential component of
acceptable and reliable public access service and complement content-related standards designed to meet those goals. The board shall:
(a) Establish technical standards to facilitate electronic access
to government information and interoperability of information systems,
including wireless communications systems. Local governments are
strongly encouraged to follow the standards established by the board;
and
(b) Require agencies to consider electronic public access needs
when planning new information systems or major upgrades of systems.
In developing these standards, the board is encouraged to include
the state library, state archives, and appropriate representatives of
state and local government.
(3)(a) The board((, in consultation with the K-20 board,)) has the
duty to govern, operate, and oversee the technical design,
implementation, and operation of the K-20 network including, but not
limited to, the following duties: Establishment and implementation of
K-20 network technical policy, including technical standards and
conditions of use; review and approval of network design; procurement
of shared network services and equipment; and resolving user/provider
disputes concerning technical matters. The board shall delegate
general operational and technical oversight to the ((K-20 network
technical steering committee)) department as appropriate.
(b) The board has the authority to adopt rules under chapter 34.05
RCW to implement the provisions regarding the technical operations and
conditions of use of the K-20 network.
Sec. 61 RCW 43.105.805 and 1999 c 285 s 3 are each amended to
read as follows:
The ((K-20)) board has the following powers and duties:
(1) In cooperation with the educational sectors and other
interested parties, to establish goals and measurable objectives for
the network;
(2) To ensure that the goals and measurable objectives of the
network are the basis for any decisions or recommendations regarding
the technical development and operation of the network;
(3) To adopt, modify, and implement policies to facilitate network
development, operation, and expansion. Such policies may include but
need not be limited to the following issues: Quality of educational
services; access to the network by recognized organizations and
accredited institutions that deliver educational programming, including
public libraries; prioritization of programming within limited
resources; prioritization of access to the system and the sharing of
technological advances; network security; identification and evaluation
of emerging technologies for delivery of educational programs; future
expansion or redirection of the system; network fee structures; and
costs for the development and operation of the network;
(4) To prepare and submit to the governor and the legislature a
coordinated budget for network development, operation, and expansion.
The budget shall include the recommendations of the ((K-20)) board on
(a) any state funding requested for network transport and equipment,
distance education facilities and hardware or software specific to the
use of the network, and proposed new network end sites, (b) annual
copayments to be charged to public educational sector institutions and
other public entities connected to the network, and (c) charges to
nongovernmental entities connected to the network;
(5) To adopt and monitor the implementation of a methodology to
evaluate the effectiveness of the network in achieving the educational
goals and measurable objectives;
(6) To authorize the release of funds from the K-20 technology
account under RCW 43.105.830 for network expenditures;
(7) To establish by rule acceptable use policies governing user
eligibility for participation in the K-20 network, acceptable uses of
network resources, and procedures for enforcement of such policies.
The ((K-20)) board shall set forth appropriate procedures for
enforcement of acceptable use policies, that may include suspension of
network connections and removal of shared equipment for violations of
network conditions or policies. ((However, the information services))
The board shall have sole responsibility for the implementation of
enforcement procedures relating to technical conditions of use.
Sec. 62 RCW 43.105.820 and 1999 c 285 s 11 are each amended to
read as follows:
The information services board shall prepare a technical plan for
the design and construction of the K-20 telecommunication system. The
board shall ensure that the technical plan adheres to the goals and
objectives established under RCW 43.105.041. The board shall provide
formal project approval and oversight during the development and
implementation of the K-20 telecommunications network. In approving
the plan, the board shall conduct a request for proposal process. The
technical plan shall be developed in phases as follows:
(1) Phase one shall provide a telecommunication backbone connecting
educational service districts, the main campuses of public
baccalaureate institutions, the branch campuses of public research
institutions, and the main campuses of community colleges and technical
colleges.
(2) Phase two shall provide for (a) connection to the network by
entities that include, but need not be limited to: School districts,
public higher education off-campus and extension centers, and branch
campuses of community colleges and technical colleges, as prioritized
by the K-20 telecommunications oversight and policy committee, or as
modified by the board; (b) distance education facilities and components
for entities listed in subsections (1) and (2) of this section; and (c)
connection for independent nonprofit institutions of higher education,
provided that:
(i) The ((K-20)) board and each independent nonprofit institution
of higher education to be connected agree in writing to terms and
conditions of connectivity. The terms and conditions shall ensure,
among other things, that the provision of K-20 services does not
violate Article VIII, section 5 of the state Constitution and that the
institution shall adhere to network policies; and
(ii) The ((K-20)) board determines that inclusion of the
independent nonprofit institutions of higher education will not
significantly affect the network's eligibility for federal universal
service fund discounts or subsidies.
(3) Subsequent phases may include, but need not be limited to,
connections to public libraries, state and local governments, community
resource centers, and the private sector.
NEW SECTION. Sec. 63 RCW 71.09.320 (Transition facilities -- Operational advisory boards) and 2001 2nd sp.s. c 12 s 220 are each
repealed.
NEW SECTION. Sec. 64 The following acts or parts of acts are
each repealed:
(1) RCW 18.210.040 (Advisory committee) and 1999 c 263 s 5; and
(2) RCW 18.210.070 (Advisory committee -- Duties) and 1999 c 263 s 8.
Sec. 65 RCW 18.210.010 and 1999 c 263 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means a group of individuals with broad
knowledge and experience in the design, construction, and regulation of
on-site wastewater treatment systems, appointed under this chapter to
offer recommendations to the board and the director on the
administration of the program established under this chapter.)) "Board" means the board of registration for professional
engineers and land surveyors as defined in chapter 18.43 RCW.
(2)
(((3))) (2) "Designer," "licensee," or "permit holder" means an
individual authorized under this chapter to perform design services for
on-site wastewater treatment systems.
(((4))) (3) "Director" means the director of the Washington state
department of licensing.
(((5))) (4) "Engineer" means a professional engineer licensed under
chapter 18.43 RCW.
(((6))) (5) "Practice of engineering" has the meaning set forth in
RCW 18.43.020(5).
(((7))) (6) "On-site wastewater treatment system" means an
integrated system of components that: Convey, store, treat, and/or
provide subsurface soil treatment and disposal of wastewater effluent
on the property where it originates or on adjacent or other property
and includes piping, treatment devices, other accessories, and soil
underlying the disposal component of the initial and reserve areas, for
on-site wastewater treatment under three thousand five hundred gallons
per day when not connected to a public sewer system.
(((8))) (7) "On-site wastewater design" means the development of
plans, details, specifications, instructions, or inspections by
application of specialized knowledge in analysis of soils, on-site
wastewater treatment systems, disposal methods, and technologies to
create an integrated system of collection, transport, distribution,
treatment, and disposal of on-site wastewater.
(((9))) (8) "Local health jurisdiction" or "jurisdictional health
department" means an administrative agency created under chapter 70.05,
70.08, or 70.46 RCW, that administers the regulation and codes
regarding on-site wastewater treatment systems.
(((10))) (9) "Practice permit" means an authorization to practice
granted to an individual who designs on-site wastewater treatment
systems and who has been authorized by a local health jurisdiction to
practice on or before July 1, 2000.
(((11))) (10) "License" means a license to design on-site
wastewater treatment systems under this chapter.
(((12))) (11) "Certificate of competency" means a certificate
issued to employees of local health jurisdictions indicating that the
certificate holder has passed the licensing examination required under
this chapter.
Sec. 66 RCW 18.210.050 and 1999 c 263 s 6 are each amended to
read as follows:
The director may:
(1) ((Appoint and reappoint members to the advisory committee,
including temporary additional members, and remove committee members
for just cause;)) Employ administrative, clerical, and investigative staff as
necessary to administer and enforce this chapter;
(2)
(((3))) (2) Establish fees for applications, examinations, and
renewals in accordance with chapter 43.24 RCW;
(((4))) (3) Issue practice permits and licenses to applicants who
meet the requirements of this chapter; and
(((5))) (4) Exercise rule-making authority to implement this
section.
Sec. 67 RCW 18.210.060 and 2002 c 86 s 258 are each amended to
read as follows:
(((1))) The board may:
(((a))) (1) Adopt rules to implement this chapter including, but
not limited to, evaluation of experience, examinations, and scope and
standards of practice;
(((b))) (2) Administer licensing examinations; and
(((c))) (3) Review and approve or deny initial and renewal license
applications.
(((2) The board shall consider recommendations of the advisory
committee made in accordance with this chapter.))
NEW SECTION. Sec. 68 RCW 70.118.100 (Alternative systems -- Technical review committee) and 1997 c 447 s 3 are each repealed.
Sec. 69 RCW 70.118.110 and 1997 c 447 s 5 are each amended to
read as follows:
In order to assure that technical guidelines and standards keep
pace with advancing technologies, the department of health in
collaboration with ((the technical review committee,)) local health
departments((,)) and other interested parties, must review and update
as appropriate, the state guidelines and standards for alternative on-site sewage disposal every three years. The first review and update
must be completed by January 1, 1999.
NEW SECTION. Sec. 70 RCW 18.200.060 (Advisory committee -- Composition -- Terms -- Duties) and 1997 c 285 s 7 are each repealed.
Sec. 71 RCW 18.200.010 and 1997 c 285 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Advisory committee" means the orthotics and prosthetics
advisory committee.)) "Department" means the department of health.
(2)
(((3))) (2) "Secretary" means the secretary of health or the
secretary's designee.
(((4))) (3) "Orthotics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing, as well as providing the initial training
necessary to accomplish the fitting of, an orthosis for the support,
correction, or alleviation of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity. The practice of orthotics
encompasses evaluation, treatment, and consultation. With basic
observational gait and postural analysis, orthotists assess and design
orthoses to maximize function and provide not only the support but the
alignment necessary to either prevent or correct deformity or to
improve the safety and efficiency of mobility or locomotion, or both.
Orthotic practice includes providing continuing patient care in order
to assess its effect on the patient's tissues and to assure proper fit
and function of the orthotic device by periodic evaluation.
(((5))) (4) "Orthotist" means a person licensed to practice
orthotics under this chapter.
(((6))) (5) "Orthosis" means a custom-fabricated, definitive brace
or support that is designed for long-term use. Except for the
treatment of scoliosis, orthosis does not include prefabricated or
direct-formed orthotic devices, as defined in this section, or any of
the following assistive technology devices: Commercially available
knee orthoses used following injury or surgery; spastic muscle tone-inhibiting orthoses; upper extremity adaptive equipment; finger
splints; hand splints; custom-made, leather wrist gauntlets; face masks
used following burns; wheelchair seating that is an integral part of
the wheelchair and not worn by the patient independent of the
wheelchair; fabric or elastic supports; corsets; arch supports, also
known as foot orthotics; low-temperature formed plastic splints;
trusses; elastic hose; canes; crutches; cervical collars; dental
appliances; and other similar devices as determined by the secretary,
such as those commonly carried in stock by a pharmacy, department
store, corset shop, or surgical supply facility. Prefabricated
orthoses, also known as custom-fitted, or off-the-shelf, are devices
that are manufactured as commercially available stock items for no
specific patient. Direct-formed orthoses are devices formed or shaped
during the molding process directly on the patient's body or body
segment. Custom-fabricated orthoses, also known as custom-made
orthoses, are devices designed and fabricated, in turn, from raw
materials for a specific patient and require the generation of an
image, form, or mold that replicates the patient's body or body segment
and, in turn, involves the rectification of dimensions, contours, and
volumes to achieve proper fit, comfort, and function for that specific
patient.
(((7))) (6) "Prosthetics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling, fitting,
aligning, adjusting, or servicing, as well as providing the initial
training necessary to accomplish the fitting of, a prosthesis through
the replacement of external parts of a human body lost due to
amputation or congenital deformities or absences. The practice of
prosthetics also includes the generation of an image, form, or mold
that replicates the patient's body or body segment and that requires
rectification of dimensions, contours, and volumes for use in the
design and fabrication of a socket to accept a residual anatomic limb
to, in turn, create an artificial appendage that is designed either to
support body weight or to improve or restore function or cosmesis, or
both. Involved in the practice of prosthetics is observational gait
analysis and clinical assessment of the requirements necessary to
refine and mechanically fix the relative position of various parts of
the prosthesis to maximize the function, stability, and safety of the
patient. The practice of prosthetics includes providing continuing
patient care in order to assess the prosthetic device's effect on the
patient's tissues and to assure proper fit and function of the
prosthetic device by periodic evaluation.
(((8))) (7) "Prosthetist" means a person who is licensed to
practice prosthetics under this chapter.
(((9))) (8) "Prosthesis" means a definitive artificial limb that is
alignable or articulated, or, in lower extremity applications, capable
of weight bearing. Prosthesis means an artificial medical device that
is not surgically implanted and that is used to replace a missing limb,
appendage, or other external human body part including an artificial
limb, hand, or foot. The term does not include artificial eyes, ears,
fingers or toes, dental appliances, ostomy products, devices such as
artificial breasts, eyelashes, wigs, or other devices as determined by
the secretary that do not have a significant impact on the
musculoskeletal functions of the body. In the lower extremity of the
body, the term prosthesis does not include prostheses required for
amputations distal to and including the transmetatarsal level. In the
upper extremity of the body, the term prosthesis does not include
prostheses that are provided to restore function for amputations distal
to and including the carpal level.
(((10))) (9) "Authorized health care practitioner" means licensed
physicians, physician's assistants, osteopathic physicians,
chiropractors, naturopaths, podiatric physicians and surgeons,
dentists, and advanced registered nurse practitioners.
Sec. 72 RCW 18.200.050 and 1997 c 285 s 6 are each amended to
read as follows:
In addition to other authority provided by law, the secretary has
the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter;
(2) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250 and 43.70.280.
All fees collected under this section must be credited to the health
professions account as required under RCW 43.70.320;
(3) Register applicants, issue licenses to applicants who have met
the education, training, and examination requirements for licensure,
and deny licenses to applicants who do not meet the minimum
qualifications, except that proceedings concerning the denial of
credentials based upon unprofessional conduct or impairment are
governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) Hire clerical, administrative, investigative, and other staff
as needed to implement this chapter and hire individuals licensed under
this chapter to serve as examiners for any practical examinations;
(5) Determine minimum education requirements and evaluate and
designate those educational programs from which graduation will be
accepted as proof of eligibility to take a qualifying examination for
applicants for licensure;
(6) Establish the standards and procedures for revocation of
approval of education programs;
(7) Utilize or contract with individuals or organizations having
expertise in the profession or in education to assist in the
evaluations;
(8) Prepare and administer, or approve the preparation and
administration of, examinations for applicants for licensure;
(9) Determine whether alternative methods of training are
equivalent to formal education, and establish forms, procedures, and
criteria for evaluation of an applicant's alternative training to
determine the applicant's eligibility to take any qualifying
examination;
(10) Determine which jurisdictions have licensing requirements
equivalent to those of this state and issue licenses without
examinations to individuals licensed in those jurisdictions;
(11) Define and approve any experience requirement for licensing;
(12) Implement and administer a program for consumer education;
(13) Adopt rules implementing continuing competency requirements
for renewal of the license and relicensing;
(14) Maintain the official department records of all applicants and
licensees;
(15) Establish by rule the procedures for an appeal of an
examination failure;
(16) Establish requirements and procedures for an inactive license;
and
(17) ((With the advice of the advisory committee, the secretary
may)) Recommend collaboration with health professions, boards, and
commissions to develop appropriate referral protocols.
Sec. 73 RCW 18.200.070 and 1997 c 285 s 8 are each amended to
read as follows:
(1) An applicant must file a written application on forms provided
by the department showing to the satisfaction of the secretary((, in
consultation with the advisory committee,)) that the applicant meets
the following requirements:
(a) The applicant possesses a baccalaureate degree with coursework
appropriate for the profession approved by the secretary, or possesses
equivalent training as determined by the secretary pursuant to
subsections (3) and (5) of this section;
(b) The applicant has the amount of formal training, including the
hours of classroom education and clinical practice, in areas of study
as the secretary deems necessary and appropriate;
(c) The applicant has completed a clinical internship or residency
in the professional area for which a license is sought in accordance
with the standards, guidelines, or procedures for clinical internships
or residencies inside or outside the state as established by the
secretary, or that are otherwise substantially equivalent to the
standards commonly accepted in the fields of orthotics and prosthetics
as determined by the secretary pursuant to subsections (3) and (5) of
this section. The secretary must set the internship as at least one
year.
(2) An applicant for licensure as either an orthotist or
prosthetist must pass all written and practical examinations that are
required and approved by the secretary ((in consultation with the
advisory committee)).
(3) The standards and requirements for licensure established by the
secretary must be substantially equal to the standards commonly
accepted in the fields of orthotics and prosthetics.
(4) An applicant failing to make the required grade in the first
examination may take up to three subsequent examinations as the
applicant desires upon prepaying a fee, determined by the secretary
under RCW 43.70.250, for each subsequent examination. Upon failing
four examinations, the secretary may invalidate the original
application and require remedial education before the person may take
future examinations.
(5) The secretary may waive some of the education, examination, or
experience requirements of this section if the secretary determines
that the applicant meets alternative standards, established by the
secretary through rule, that are substantially equivalent to the
requirements in subsections (1) and (2) of this section.
NEW SECTION. Sec. 74 The following acts or parts of acts are
each repealed:
(1) RCW 77.95.110 (Regional fisheries enhancement group advisory
board) and 2000 c 107 s 108; and
(2) RCW 77.95.120 (Regional fisheries enhancement group advisory
board -- Duties and authority) and 2000 c 107 s 109, 1998 c 96 s 1, &
1995 c 367 s 6.
Sec. 75 RCW 77.95.100 and 2000 c 107 s 107 are each amended to
read as follows:
The department may provide start-up funds to regional fisheries
enhancement groups for costs associated with any enhancement project.
The ((regional fisheries enhancement group advisory board and the))
commission shall develop guidelines for providing funds to the regional
fisheries enhancement groups.
Sec. 76 RCW 77.95.180 and 1995 c 367 s 3 are each amended to read
as follows:
To maximize available state resources, the department and the
department of transportation shall work in partnership ((with the
regional fisheries enhancement group advisory board)) to identify
cooperative projects to eliminate fish passage barriers caused by state
roads and highways. ((The advisory board may provide input to the
department to aid in identifying priority barrier removal projects that
can be accomplished with the assistance of regional fisheries
enhancement groups.)) The department of transportation shall provide
engineering and other technical services to assist regional fisheries
enhancement groups with fish passage barrier removal projects, provided
that the barrier removal projects have been identified as a priority by
the department of fish and wildlife and the department of
transportation has received an appropriation to continue the fish
barrier removal program.
Sec. 77 RCW 77.95.190 and 1995 c 367 s 10 are each amended to
read as follows:
The department shall ((coordinate with the regional fisheries
enhancement group advisory board to)) field test coho and chinook
salmon remote site incubators. The purpose of field testing efforts
shall be to gather conclusive scientific data on the effectiveness of
coho and chinook remote site incubators.
Sec. 78 RCW 82.58.020 and 2002 c 267 s 4 are each amended to read
as follows:
(((1))) For the purposes of reviewing or amending the agreement
embodying the simplification requirements in RCW 82.58.050, the state
shall enter into multistate discussions. For purposes of these
discussions, the state shall be represented by the department. The
governor may appoint up to four persons to consult with the department
at these discussions. The persons advising the department shall not be
compensated and are not entitled to payment of travel expenses by the
state.
(((2) The department shall regularly consult with an advisory group
composed of one member from each of the two largest caucuses of the
senate, appointed by the majority and minority leaders of the senate;
one member from each of the two largest caucuses of the house of
representatives, appointed by the speaker and minority leader of the
house of representatives; representatives of retailers, including those
selling via mail, telephone, and the internet; representatives of large
and small businesses; and representatives of counties and cities. The
department shall use its best efforts to consult with the advisory
group before any multistate discussions in which it is anticipated that
amendments may be proposed to the agreement embodying the
simplification requirements in RCW 82.58.050.))
NEW SECTION. Sec. 79 The following acts or parts of acts are
each repealed:
(1) RCW 70.95.040 (Solid waste advisory committee -- Members -- Meetings -- Travel expenses -- "Governor's award of excellence.") and 1991
c 319 s 401, 1987 c 115 s 1, 1982 c 108 s 1, & 1977 c 10 s 1;
(2) RCW 70.95.050 (Solid waste advisory committee -- Staff services
and facilities) and 1969 ex.s. c 134 s 5;
(3) RCW 70.95.070 (Review of standards prior to adoption -- Revisions, additions and modifications -- Factors) and 1975-'76 2nd ex.s.
c 41 s 4 & 1969 ex.s. c 134 s 7; and
(4) RCW 70.105.060 (Review of rules, regulations, criteria and fee
schedules) and 1975-'76 2nd ex.s. c 101 s 6.
Sec. 80 RCW 70.95.030 and 2004 c 101 s 1 are each amended to read
as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "City" means every incorporated city and town.
(2) "Commission" means the utilities and transportation commission.
(3) (("Committee" means the state solid waste advisory committee.)) "Composted material" means organic solid waste that has been
subjected to controlled aerobic degradation at a solid waste facility
in compliance with the requirements of this chapter. Natural decay of
organic solid waste under uncontrolled conditions does not result in
composted material.
(4)
(((5))) (4) "Department" means the department of ecology.
(((6))) (5) "Director" means the director of the department of
ecology.
(((7))) (6) "Disposal site" means the location where any final
treatment, utilization, processing, or deposit of solid waste occurs.
(((8))) (7) "Energy recovery" means a process operating under
federal and state environmental laws and regulations for converting
solid waste into usable energy and for reducing the volume of solid
waste.
(((9))) (8) "Functional standards" means criteria for solid waste
handling expressed in terms of expected performance or solid waste
handling functions.
(((10))) (9) "Incineration" means a process of reducing the volume
of solid waste operating under federal and state environmental laws and
regulations by use of an enclosed device using controlled flame
combustion.
(((11))) (10) "Inert waste landfill" means a landfill that receives
only inert waste, as determined under RCW 70.95.065, and includes
facilities that use inert wastes as a component of fill.
(((12))) (11) "Jurisdictional health department" means city,
county, city-county, or district public health department.
(((13))) (12) "Landfill" means a disposal facility or part of a
facility at which solid waste is placed in or on land and which is not
a land treatment facility.
(((14))) (13) "Local government" means a city, town, or county.
(((15))) (14) "Modify" means to substantially change the design or
operational plans including, but not limited to, removal of a design
element previously set forth in a permit application or the addition of
a disposal or processing activity that is not approved in the permit.
(((16))) (15) "Multiple family residence" means any structure
housing two or more dwelling units.
(((17))) (16) "Person" means individual, firm, association,
copartnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity
whatsoever.
(((18))) (17) "Recyclable materials" means those solid wastes that
are separated for recycling or reuse, such as papers, metals, and
glass, that are identified as recyclable material pursuant to a local
comprehensive solid waste plan. Prior to the adoption of the local
comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2),
local governments may identify recyclable materials by ordinance from
July 23, 1989.
(((19))) (18) "Recycling" means transforming or remanufacturing
waste materials into usable or marketable materials for use other than
landfill disposal or incineration.
(((20))) (19) "Residence" means the regular dwelling place of an
individual or individuals.
(((21))) (20) "Sewage sludge" means a semisolid substance
consisting of settled sewage solids combined with varying amounts of
water and dissolved materials, generated from a wastewater treatment
system, that does not meet the requirements of chapter 70.95J RCW.
(((22))) (21) "Soil amendment" means any substance that is intended
to improve the physical characteristics of the soil, except composted
material, commercial fertilizers, agricultural liming agents,
unmanipulated animal manures, unmanipulated vegetable manures, food
wastes, food processing wastes, and materials exempted by rule of the
department, such as biosolids as defined in chapter 70.95J RCW and
wastewater as regulated in chapter 90.48 RCW.
(((23))) (22) "Solid waste" or "wastes" means all putrescible and
nonputrescible solid and semisolid wastes including, but not limited
to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge,
demolition and construction wastes, abandoned vehicles or parts
thereof, and recyclable materials.
(((24))) (23) "Solid waste handling" means the management, storage,
collection, transportation, treatment, utilization, processing, and
final disposal of solid wastes, including the recovery and recycling of
materials from solid wastes, the recovery of energy resources from
solid wastes or the conversion of the energy in solid wastes to more
useful forms or combinations thereof.
(((25))) (24) "Source separation" means the separation of different
kinds of solid waste at the place where the waste originates.
(((26))) (25) "Vehicle" includes every device physically capable of
being moved upon a public or private highway, road, street, or
watercourse and in, upon, or by which any person or property is or may
be transported or drawn upon a public or private highway, road, street,
or watercourse, except devices moved by human or animal power or used
exclusively upon stationary rails or tracks.
(((27))) (26) "Waste-derived soil amendment" means any soil
amendment as defined in this chapter that is derived from solid waste
as defined in ((RCW 70.95.030)) this section, but does not include
biosolids or biosolids products regulated under chapter 70.95J RCW or
wastewaters regulated under chapter 90.48 RCW.
(((28))) (27) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials.
(((29))) (28) "Yard debris" means plant material commonly created
in the course of maintaining yards and gardens, and through
horticulture, gardening, landscaping, or similar activities. Yard
debris includes but is not limited to grass clippings, leaves,
branches, brush, weeds, flowers, roots, windfall fruit, vegetable
garden debris, holiday trees, and tree prunings four inches or less in
diameter.
Sec. 81 RCW 43.21A.520 and 1989 c 431 s 47 are each amended to
read as follows:
(1) The department of ecology shall develop and implement an
environmental excellence awards program that recognizes products that
are produced, labeled, or packaged in a manner that helps ensure
environmental protection. The award shall be in recognition of
products that are made from recycled materials, easy to recycle,
substitute for more hazardous products, or otherwise help protect the
environment. Application for the award shall be voluntary. The awards
may be made in a variety of product categories including, but not
limited to:
(a) Paint products;
(b) Cleaning products;
(c) Pest control products;
(d) Automotive, marine, and related maintenance products;
(e) Hobby and recreation products; and
(f) Any other product available for retail or wholesale sale.
(2) ((The state solid waste advisory committee shall establish an
environmental excellence product award subcommittee to develop and
recommend criteria for awarding environmental excellence awards for
products. The subcommittee shall also review award applications and
make recommendations to the department. The subcommittee shall consist
of equal representation of: (a) Product manufacturing or other
business representatives; (b) environmental representatives; (c) labor
or consumer representatives; and (d) independent technical experts.
Members of the subcommittee need not necessarily be regular members of
the state solid waste advisory committee.)) Products receiving an environmental excellence award pursuant
to this section shall be entitled to display a logo or other symbol
developed by the department to signify the award. Awards shall be
given each year to as many products as qualify. The award logo may be
displayed for a period to be determined by the department.
(3)
Sec. 82 RCW 70.105.010 and 2009 c 549 s 1027 are each amended to
read as follows:
The words and phrases defined in this section shall have the
meanings indicated when used in this chapter unless the context clearly
requires otherwise.
(1) "Dangerous wastes" means any discarded, useless, unwanted, or
abandoned substances, including but not limited to certain pesticides,
or any residues or containers of such substances which are disposed of
in such quantity or concentration as to pose a substantial present or
potential hazard to human health, wildlife, or the environment because
such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that may cause death,
injury, or illness or have mutagenic, teratogenic, or carcinogenic
properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure
through decomposition or other means.
(2) "Department" means the department of ecology.
(3) "Designated zone facility" means any facility that requires an
interim or final status permit under rules adopted under this chapter
and that is not a preempted facility as defined in this section.
(4) "Director" means the director of the department of ecology or
the director's designee.
(5) "Disposal site" means a geographical site in or upon which
hazardous wastes are disposed of in accordance with the provisions of
this chapter.
(6) "Dispose or disposal" means the discarding or abandoning of
hazardous wastes or the treatment, decontamination, or recycling of
such wastes once they have been discarded or abandoned.
(7) "Extremely hazardous waste" means any dangerous waste
which(([:])):
(a) Will persist in a hazardous form for several years or more at
a disposal site and which in its persistent form
(i) Presents a significant environmental hazard and may be
concentrated by living organisms through a food chain or may affect the
genetic make-up of human beings or wildlife, and
(ii) Is highly toxic to human beings or wildlife
(b) If disposed of at a disposal site in such quantities as would
present an extreme hazard to human beings or the environment.
(8) "Facility" means all contiguous land and structures, other
appurtenances, and improvements on the land used for recycling,
storing, treating, incinerating, or disposing of hazardous waste.
(9) "Hazardous household substances" means those substances
identified by the department as hazardous household substances in the
guidelines developed under RCW 70.105.220.
(10) "Hazardous substances" means any liquid, solid, gas, or
sludge, including any material, substance, product, commodity, or
waste, regardless of quantity, that exhibits any of the characteristics
or criteria of hazardous waste as described in rules adopted under this
chapter.
(11) "Hazardous waste" means and includes all dangerous and
extremely hazardous waste, including substances composed of both
radioactive and hazardous components.
(12) "Local government" means a city, town, or county.
(13) "Moderate-risk waste" means (a) any waste that exhibits any of
the properties of hazardous waste but is exempt from regulation under
this chapter solely because the waste is generated in quantities below
the threshold for regulation, and (b) any household wastes which are
generated from the disposal of substances identified by the department
as hazardous household substances.
(14) "Person" means any person, firm, association, county, public
or municipal or private corporation, agency, or other entity
whatsoever.
(15) "Pesticide" shall have the meaning of the term as defined in
RCW 15.58.030 as now or hereafter amended.
(16) "Preempted facility" means any facility that includes as a
significant part of its activities any of the following operations:
(a) Landfill, (b) incineration, (c) land treatment, (d) surface
impoundment to be closed as a landfill, or (e) waste pile to be closed
as a landfill.
(17) "Service charge" means an assessment imposed under RCW
70.105.280 against those facilities that store, treat, incinerate, or
dispose of dangerous or extremely hazardous waste that contains both a
nonradioactive hazardous component and a radioactive component.
Service charges shall also apply to facilities undergoing closure under
this chapter in those instances where closure entails the physical
characterization of remaining wastes which contain both a
nonradioactive hazardous component and a radioactive component or the
management of such wastes through treatment or removal, except any
commercial low-level radioactive waste facility.
(((18) "Solid waste advisory committee" means the same advisory
committee as per RCW 70.95.040 through 70.95.070.))
Sec. 83 RCW 70.105.160 and 1998 c 245 s 110 are each amended to
read as follows:
The department shall conduct a study to determine the best
management practices for categories of waste for the priority waste
management methods established in RCW 70.105.150, with due
consideration in the course of the study to sound environmental
management and available technology. As an element of the study, the
department shall review methods that will help achieve the priority of
RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed
rules, the department shall conduct public hearings regarding the best
management practices for the various waste categories studied by the
department. After conducting the study, the department shall prepare
new rules or modify existing rules as appropriate to promote
implementation of the priorities established in RCW 70.105.150 for
management practices which assure use of sound environmental management
techniques and available technology. The preliminary study shall be
completed by July 1, 1986, and the rules shall be adopted by July 1,
1987. ((The solid waste advisory committee shall review the studies
and the new or modified rules.))
The studies shall be updated at least once every five years. The
funding for these studies shall be from the hazardous waste control and
elimination account, subject to legislative appropriation.
NEW SECTION. Sec. 84 RCW 70.119A.160 (Water supply advisory
committee) and 1998 c 245 s 112 & 1995 c 376 s 4 are each repealed.
Sec. 85 RCW 70.119A.180 and 2003 1st sp.s. c 5 s 7 are each
amended to read as follows:
(1) It is the intent of the legislature that the department
establish water use efficiency requirements designed to ensure
efficient use of water while maintaining water system financial
viability, improving affordability of supplies, and enhancing system
reliability.
(2) The requirements of this section shall apply to all municipal
water suppliers and shall be tailored to be appropriate to system size,
forecasted system demand, and system supply characteristics.
(3) For the purposes of this section:
(a) Water use efficiency includes conservation planning
requirements, water distribution system leakage standards, and water
conservation performance reporting requirements; and
(b) "Municipal water supplier" and "municipal water supply
purposes" have the meanings provided by RCW 90.03.015.
(4) To accomplish the purposes of this section, the department
shall adopt rules necessary to implement this section by December 31,
2005. The department shall:
(a) Develop conservation planning requirements that ensure
municipal water suppliers are: (i) Implementing programs to integrate
conservation with water system operation and management; and (ii)
identifying how to appropriately fund and implement conservation
activities. Requirements shall apply to the conservation element of
water system plans and small water system management programs developed
pursuant to chapter 43.20 RCW. In establishing the conservation
planning requirements the department shall review the current
department conservation planning guidelines and include those elements
that are appropriate for rule. Conservation planning requirements
shall include but not be limited to:
(A) Selection of cost-effective measures to achieve a system's
water conservation objectives. Requirements shall allow the municipal
water supplier to select and schedule implementation of the best
methods for achieving its conservation objectives;
(B) Evaluation of the feasibility of adopting and implementing
water delivery rate structures that encourage water conservation;
(C) Evaluation of each system's water distribution system leakage
and, if necessary, identification of steps necessary for achieving
water distribution system leakage standards developed under (b) of this
subsection;
(D) Collection and reporting of water consumption and source
production and/or water purchase data. Data collection and reporting
requirements shall be sufficient to identify water use patterns among
utility customer classes, where applicable, and evaluate the
effectiveness of each system's conservation program. Requirements,
including reporting frequency, shall be appropriate to system size and
complexity. Reports shall be available to the public; and
(E) Establishment of minimum requirements for water demand forecast
methodologies such that demand forecasts prepared by municipal water
suppliers are sufficient for use in determining reasonably anticipated
future water needs;
(b) Develop water distribution system leakage standards to ensure
that municipal water suppliers are taking appropriate steps to reduce
water system leakage rates or are maintaining their water distribution
systems in a condition that results in leakage rates in compliance with
the standards. Limits shall be developed in terms of percentage of
total water produced and/or purchased and shall not be lower than ten
percent. The department may consider alternatives to the percentage of
total water supplied where alternatives provide a better evaluation of
the water system's leakage performance. The department shall institute
a graduated system of requirements based on levels of water system
leakage. A municipal water supplier shall select one or more control
methods appropriate for addressing leakage in its water system;
(c) Establish minimum requirements for water conservation
performance reporting to assure that municipal water suppliers are
regularly evaluating and reporting their water conservation
performance. The objective of setting conservation goals is to enhance
the efficient use of water by the water system customers. Performance
reporting shall include:
(i) Requirements that municipal water suppliers adopt and achieve
water conservation goals. The elected governing board or governing
body of the water system shall set water conservation goals for the
system. In setting water conservation goals the water supplier may
consider historic conservation performance and conservation investment,
customer base demographics, regional climate variations, forecasted
demand and system supply characteristics, system financial viability,
system reliability, and affordability of water rates. Conservation
goals shall be established by the municipal water supplier in an open
public forum;
(ii) Requirements that the municipal water supplier adopt schedules
for implementing conservation program elements and achieving
conservation goals to ensure that progress is being made toward adopted
conservation goals;
(iii) A reporting system for regular reviews of conservation
performance against adopted goals. Performance reports shall be
available to customers and the public. Requirements, including
reporting frequency, shall be appropriate to system size and
complexity;
(iv) Requirements that any system not meeting its water
conservation goals shall develop a plan for modifying its conservation
program to achieve its goals along with procedures for reporting
performance to the department;
(v) If a municipal water supplier determines that further
reductions in consumption are not reasonably achievable, it shall
identify how current consumption levels will be maintained;
(d) Adopt rules that, to the maximum extent practical, utilize
existing mechanisms and simplified procedures in order to minimize the
cost and complexity of implementation and to avoid placing unreasonable
financial burden on smaller municipal systems.
(5) ((The department shall establish an advisory committee to
assist the department in developing rules for water use efficiency.
The advisory committee shall include representatives from public water
system customers, environmental interest groups, business interest
groups, a representative cross-section of municipal water suppliers, a
water utility conservation professional, tribal governments, the
department of ecology, and any other members determined necessary by
the department. The department may use the water supply advisory
committee created pursuant to RCW 70.119A.160 augmented with additional
participants as necessary to comply with this subsection to assist the
department in developing rules.)) The department shall provide technical assistance upon
request to municipal water suppliers and local governments regarding
water conservation, which may include development of best management
practices for water conservation programs, conservation landscape
ordinances, conservation rate structures for public water systems, and
general public education programs on water conservation.
(6)
(((7))) (6) To ensure compliance with this section, the department
shall establish a compliance process that incorporates a graduated
approach employing the full range of compliance mechanisms available to
the department.
(((8))) (7) Prior to completion of rule making required in
subsection (4) of this section, municipal water suppliers shall
continue to meet the existing conservation requirements of the
department and shall continue to implement their current water
conservation programs.
Sec. 86 RCW 90.86.030 and 2005 c 60 s 3 are each amended to read
as follows:
(1) The joint legislative committee on water supply during drought
shall convene from time to time at the call of the chair when a drought
conditions order under RCW 43.83B.405 is in effect, or when the chair
determines, in consultation with the department of ecology, that it is
likely that such an order will be issued within the next year.
(2) The committee may request and review information relating to
water supply conditions in the state, and economic, environmental, and
other impacts relating to decreased water supply being experienced or
anticipated. The governor's executive water emergency committee, the
department of ecology, ((the water supply advisory committee,)) and
other state agencies with water management or related responsibilities
shall cooperate in responding to requests from the committee.
(3) During drought conditions in which an order issued under RCW
43.83B.405 is in effect, the department of ecology shall provide to the
committee no less than monthly a report describing drought response
activities of the department and other state and federal agencies
participating on the water supply availability committee. The report
shall include information regarding applications for, and approvals and
denials of emergency water withdrawals and temporary changes or
transfers of, water rights under RCW 43.83B.410.
(4) The committee from time to time shall make recommendations to
the senate and house of representatives on budgetary and legislative
actions that will improve the state's drought response programs and
planning.
NEW SECTION. Sec. 87 RCW 18.104.190 (Technical advisory group)
and 2005 c 84 s 8 & 1993 c 387 s 25 are each repealed.
Sec. 88 RCW 18.104.040 and 1993 c 387 s 4 are each amended to
read as follows:
The department shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant to the
provisions of this chapter;
(2) At all reasonable times, to enter upon lands for the purpose of
inspecting, taking measurements from, or tagging any well, constructed
or being constructed;
(3) To call upon or receive professional or technical advice from
the department of health((, the technical advisory group created in RCW
18.104.190,)) or any other public agency or person;
(4) To adopt rules, in consultation with the department of health
((and the technical advisory group created in RCW 18.104.190, governing
licensing and well construction)), as may be appropriate to carry out
the purposes of this chapter. The rules adopted by the department may
include, but are not limited to:
(a) Standards for the construction and maintenance of wells and
their casings;
(b) Methods of capping, sealing, and decommissioning wells to
prevent contamination of groundwater resources and to protect public
health and safety;
(c) Methods of artificial recharge of groundwater bodies and of
construction of wells which insure separation of individual water
bearing formations;
(d) The manner of conducting and the content of examinations
required to be taken by applicants for license hereunder;
(e) Requirements for the filing of notices of intent, well reports,
and the payment of fees;
(f) Reporting requirements of well contractors;
(g) Limitations on well construction in areas identified by the
department as requiring intensive control of withdrawals in the
interests of sound management of the groundwater resource;
(5) To require the operator in the construction of a well and the
property owner in the maintenance of a well to guard against waste and
contamination of the groundwater resources;
(6) To require the operator to place a well identification tag on
a new well and on an existing well on which work is performed after the
effective date of rules requiring well identification tags and to place
or require the owner to place a well identification tag on an existing
well;
(7) To require the well owner to repair or decommission any well:
(a) That is abandoned, unusable, or not intended for future use; or
(b) That is an environmental, safety, or public health hazard.
Sec. 89 RCW 18.104.043 and 2005 c 84 s 2 are each amended to read
as follows:
(1) If requested in writing by the governing body of a local health
district or county, the department by memorandum of agreement may
delegate to the governing body the authority to administer and enforce
the well tagging, sealing, and decommissioning portions of the water
well construction program.
(2) The department shall determine whether a local health district
or county that seeks delegation under this section has the resources,
capability, and expertise, including qualified field inspectors, to
administer the delegated program. If the department determines the
local government has these resources, it shall notify well contractors
and operators of the proposal. The department shall accept written
comments on the proposal for sixty days after the notice is mailed.
(3) If the department determines that a delegation of authority to
a local health district or county to administer and enforce the well
sealing and decommissioning portions of the water well construction
program will enhance the public health and safety and the environment,
the department and the local governing body may enter into a memorandum
of agreement setting forth the specific authorities delegated by the
department to the local governing body. The memorandum of agreement
must be, at a minimum, reviewed annually. The department((, in
consultation with the technical advisory group, created under RCW
18.104.190,)) shall adopt rules outlining the annual review and
reporting process. A detailed summary of the review must be made
available to well contractors and operators upon request and be
published on the department's web site.
(4) With regard to the portions of the water well construction
program delegated under this section, the local governing agency shall
exercise only the authority delegated to it under this section. If,
after a public hearing, the department determines that a local
governing body is not administering the program in accordance with this
chapter, it shall notify the local governing body of the deficiencies.
If corrective action is not taken within a reasonable time, not to
exceed sixty days, the department by order shall withdraw the
delegation of authority.
(5) The department shall promptly furnish the local governing body
with a copy of each water well report and notification of start cards
received in the area covered by a delegated program.
(6) The department and the local governing body shall coordinate to
reduce duplication of effort and shall share all appropriate
information including technical reports, violations, and well reports.
(7) Any person aggrieved by a decision of a local health district
or county under a delegated program may appeal the decision to the
department. The department's decision is subject to review by the
pollution control hearings board as provided in RCW 43.21B.110.
(8) The department shall not delegate the authority to license well
contractors, renew licenses, receive notices of intent to commence
constructing a well, receive well reports, or collect state fees
provided for in this chapter.
Sec. 90 RCW 18.104.049 and 1993 c 387 s 7 are each amended to
read as follows:
The department by rule shall adopt procedures to permit a well
operator to modify construction standards to meet unforeseen
circumstances encountered during the construction of a well. ((The
procedures shall be developed in consultation with the technical
advisory group established in RCW 18.104.190.))
Sec. 91 RCW 18.104.100 and 2005 c 84 s 5 are each amended to read
as follows:
(1) Licenses issued pursuant to this chapter shall be renewed every
two years. A license shall be renewed upon payment of a renewal fee
and completion of continuing education requirements and receipt of a
completed license renewal application. If a licensee fails to submit
an application for renewal, the renewal fee, and proof of completion of
the required continuing education, the license shall be suspended at
the end of its effective term. The licensee is not allowed to perform
work authorized by their license during the time that it is suspended.
The licensee is allowed thirty days to submit an application for
renewal, the renewal fee, and proof of completion of the required
continuing education for the renewal period. Continuing education
obtained during the thirty-day suspension period may be applied only to
the next renewal period. If a licensee fails to submit an application
for renewal, the renewal fee, and proof of completion of the required
continuing education by the end of the thirty-day suspension period,
the license expires. The department shall adopt rules((, in
consultation with the technical advisory group created under RCW
18.104.190,)) that allow for an extension of the thirty-day suspension
period for certain situations that are beyond the control of the
licensee. The rules must also allow for a retirement or inactive
license.
(2) A person whose license has expired must apply for a new license
as provided in this chapter. The department may waive the requirement
for a written examination and on-site testing for a person whose
license has expired.
(3) The department may refuse to renew a license if the licensee
has not complied with an order issued by the department or has not paid
a penalty imposed in accordance with this chapter, unless the order or
penalty is under appeal.
(4) The department may issue a conditional license to enable a
former licensee to comply with an order to correct problems with a
well.
Sec. 92 RCW 18.104.200 and 2005 c 84 s 6 are each amended to read
as follows:
(1) A person seeking a new license or to renew an existing license
under this chapter must demonstrate a willingness to maintain a high
level of professional competency by completing continuing education
programs as required by the department by rule. The department shall
not approve any continuing education program unless: (a) It is offered
by an approved provider; (b) it is open to all persons licensed or
pursuing a license under this chapter; and (c) the fees charged are
reasonable for all persons desiring to attend the program.
(2) The department((, in consultation with the technical advisory
group created in RCW 18.104.190,)) shall adopt rules governing
continuing education programs. At a minimum, the rules must establish:
A method of approving providers of continuing education; a criteria to
evaluate the offerings, workshops, courses, classes, or programs; a
criteria for assigning credits; and a criteria for reporting and
verifying completion.
(3) The department shall support approved providers by providing,
upon request and at the department's discretion, technical assistance
and presenters for continuing education offerings.
(4) The department shall maintain a current list of all continuing
education offerings by approved providers and ensure that the list is
available to all licensees by request. The list must also be posted on
the department's web site.
NEW SECTION. Sec. 93 A new section is added to chapter 34.05 RCW
to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 34.05.610 (joint administrative rules review
committee).
NEW SECTION. Sec. 94 A new section is added to chapter 43.185B
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 43.185B.020 (affordable housing advisory
board).
NEW SECTION. Sec. 95 A new section is added to chapter 43.20A
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 43.20A.685 (council on aging).
NEW SECTION. Sec. 96 A new section is added to chapter 28B.108
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28B.108.030 (American Indian endowed
scholarship advisory and selection commission).
NEW SECTION. Sec. 97 A new section is added to chapter 46.66 RCW
to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 46.66.010 (auto theft prevention authority).
During the temporary suspension, the powers, duties, and authority of
the auto theft prevention authority shall be assumed by the executive
board of the Washington association of sheriffs and police chiefs
within the current resources of the association.
NEW SECTION. Sec. 98 A new section is added to chapter 70.195
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 70.195.010 (birth-to-six interagency
coordinating council).
NEW SECTION. Sec. 99 The following act is temporarily suspended
until July 1, 2012: 2007 c 354 s 12 (uncodified) (career and technical
education curricula advisory committee).
NEW SECTION. Sec. 100 A new section is added to chapter 43.31
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 43.31.504 (child care facility fund
committee).
NEW SECTION. Sec. 101 A new section is added to chapter 26.19
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 26.19.025 (child support guidelines and review
report work group).
NEW SECTION. Sec. 102 A new section is added to chapter 35.78
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 35.78.020 (city and county design standards).
NEW SECTION. Sec. 103 A new section is added to chapter 43.32
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 43.32.010.
Sec. 104 RCW 18.235.020 and 2009 c 412 s 22 and 2009 c 102 s 5
are each reenacted and amended to read as follows:
(1) This chapter applies only to the director and the boards and
commissions having jurisdiction in relation to the businesses and
professions licensed under the chapters specified in this section.
This chapter does not apply to any business or profession not licensed
under the chapters specified in this section.
(2)(a) The director has authority under this chapter in relation to
the following businesses and professions:
(i) Auctioneers under chapter 18.11 RCW;
(ii) Bail bond agents and bail bond recovery agents under chapter
18.185 RCW;
(iii) Camping resorts' operators and salespersons under chapter
19.105 RCW;
(iv) Commercial telephone solicitors under chapter 19.158 RCW;
(v) Cosmetologists, barbers, manicurists, and estheticians under
chapter 18.16 RCW;
(vi) Court reporters under chapter 18.145 RCW;
(vii) Driver training schools and instructors under chapter 46.82
RCW;
(viii) Employment agencies under chapter 19.31 RCW;
(ix) For hire vehicle operators under chapter 46.72 RCW;
(x) Limousines under chapter 46.72A RCW;
(xi) Notaries public under chapter 42.44 RCW;
(xii) Private investigators under chapter 18.165 RCW;
(xiii) Professional boxing, martial arts, and wrestling under
chapter 67.08 RCW;
(xiv) Real estate appraisers under chapter 18.140 RCW;
(xv) Real estate brokers and salespersons under chapters 18.85 and
18.86 RCW;
(xvi) Security guards under chapter 18.170 RCW;
(xvii) Sellers of travel under chapter 19.138 RCW;
(xviii) Timeshares and timeshare salespersons under chapter 64.36
RCW;
(xix) Collection agencies under chapter 19.16 RCW;
(xx) Whitewater river outfitters under chapter 79A.60 RCW; ((and)) (xxi) Home inspectors under chapter 18.280 RCW; and
(xx)
(((xxi))) (xxii) Body artists, body piercers, and tattoo artists,
and body art, body piercing, and tattooing shops and businesses, under
chapter 18.300 RCW.
(b) The boards and commissions having authority under this chapter
are as follows:
(i) The state board of registration for architects established in
chapter 18.08 RCW;
(ii) ((The Washington state collection agency board established in
chapter 19.16 RCW;)) The state board of registration for professional engineers
and land surveyors established in chapter 18.43 RCW governing licenses
issued under chapters 18.43 and 18.210 RCW;
(iii)
(((iv))) (iii) The funeral and cemetery board established in
chapter 18.39 RCW governing licenses issued under chapters 18.39 and
68.05 RCW;
(((v))) (iv) The state board of registration for landscape
architects established in chapter 18.96 RCW; and
(((vi))) (v) The state geologist licensing board established in
chapter 18.220 RCW.
(3) In addition to the authority to discipline license holders, the
disciplinary authority may grant or deny licenses based on the
conditions and criteria established in this chapter and the chapters
specified in subsection (2) of this section. This chapter also governs
any investigation, hearing, or proceeding relating to denial of
licensure or issuance of a license conditioned on the applicant's
compliance with an order entered under RCW 18.235.110 by the
disciplinary authority.
Sec. 105 RCW 18.235.020 and 2009 c 412 s 22, 2009 c 370 s 20, and
2009 c 102 s 5 are each reenacted and amended to read as follows:
(1) This chapter applies only to the director and the boards and
commissions having jurisdiction in relation to the businesses and
professions licensed under the chapters specified in this section.
This chapter does not apply to any business or profession not licensed
under the chapters specified in this section.
(2)(a) The director has authority under this chapter in relation to
the following businesses and professions:
(i) Auctioneers under chapter 18.11 RCW;
(ii) Bail bond agents and bail bond recovery agents under chapter
18.185 RCW;
(iii) Camping resorts' operators and salespersons under chapter
19.105 RCW;
(iv) Commercial telephone solicitors under chapter 19.158 RCW;
(v) Cosmetologists, barbers, manicurists, and estheticians under
chapter 18.16 RCW;
(vi) Court reporters under chapter 18.145 RCW;
(vii) Driver training schools and instructors under chapter 46.82
RCW;
(viii) Employment agencies under chapter 19.31 RCW;
(ix) For hire vehicle operators under chapter 46.72 RCW;
(x) Limousines under chapter 46.72A RCW;
(xi) Notaries public under chapter 42.44 RCW;
(xii) Private investigators under chapter 18.165 RCW;
(xiii) Professional boxing, martial arts, and wrestling under
chapter 67.08 RCW;
(xiv) Real estate appraisers under chapter 18.140 RCW;
(xv) Real estate brokers and salespersons under chapters 18.85 and
18.86 RCW;
(xvi) Security guards under chapter 18.170 RCW;
(xvii) Sellers of travel under chapter 19.138 RCW;
(xviii) Timeshares and timeshare salespersons under chapter 64.36
RCW;
(xix) Collection agencies under chapter 19.16 RCW;
(xx) Whitewater river outfitters under chapter 79A.60 RCW; ((and)) (xxi) Home inspectors under chapter 18.280 RCW; and
(xx)
(((xxi))) (xxii) Body artists, body piercers, and tattoo artists,
and body art, body piercing, and tattooing shops and businesses, under
chapter 18.300 RCW.
(b) The boards and commissions having authority under this chapter
are as follows:
(i) The state board of registration for architects established in
chapter 18.08 RCW;
(ii) ((The Washington state collection agency board established in
chapter 19.16 RCW;)) The state board of registration for professional engineers
and land surveyors established in chapter 18.43 RCW governing licenses
issued under chapters 18.43 and 18.210 RCW;
(iii)
(((iv))) (iii) The funeral and cemetery board established in
chapter 18.39 RCW governing licenses issued under chapters 18.39 and
68.05 RCW;
(((v))) (iv) The state board of licensure for landscape architects
established in chapter 18.96 RCW; and
(((vi))) (v) The state geologist licensing board established in
chapter 18.220 RCW.
(3) In addition to the authority to discipline license holders, the
disciplinary authority may grant or deny licenses based on the
conditions and criteria established in this chapter and the chapters
specified in subsection (2) of this section. This chapter also governs
any investigation, hearing, or proceeding relating to denial of
licensure or issuance of a license conditioned on the applicant's
compliance with an order entered under RCW 18.235.110 by the
disciplinary authority.
Sec. 106 RCW 19.16.100 and 2003 c 203 s 1 are each amended to
read as follows:
Unless a different meaning is plainly required by the context, the
following words and phrases as hereinafter used in this chapter shall
have the following meanings:
(1) "Person" includes individual, firm, partnership, trust, joint
venture, association, or corporation.
(2) "Collection agency" means and includes:
(a) Any person directly or indirectly engaged in soliciting claims
for collection, or collecting or attempting to collect claims owed or
due or asserted to be owed or due another person;
(b) Any person who directly or indirectly furnishes or attempts to
furnish, sells, or offers to sell forms represented to be a collection
system or scheme intended or calculated to be used to collect claims
even though the forms direct the debtor to make payment to the creditor
and even though the forms may be or are actually used by the creditor
himself or herself in his or her own name;
(c) Any person who in attempting to collect or in collecting his or
her own claim uses a fictitious name or any name other than his or her
own which would indicate to the debtor that a third person is
collecting or attempting to collect such claim.
(3) "Collection agency" does not mean and does not include:
(a) Any individual engaged in soliciting claims for collection, or
collecting or attempting to collect claims on behalf of a licensee
under this chapter, if said individual is an employee of the licensee;
(b) Any individual collecting or attempting to collect claims for
not more than one employer, if all the collection efforts are carried
on in the name of the employer and if the individual is an employee of
the employer;
(c) Any person whose collection activities are carried on in his,
her, or its true name and are confined and are directly related to the
operation of a business other than that of a collection agency, such as
but not limited to: Trust companies; savings and loan associations;
building and loan associations; abstract companies doing an escrow
business; real estate brokers; property management companies collecting
assessments, charges, or fines on behalf of condominium unit owners
associations, associations of apartment owners, or homeowners'
associations; public officers acting in their official capacities;
persons acting under court order; lawyers; insurance companies; credit
unions; loan or finance companies; mortgage banks; and banks;
(d) Any person who on behalf of another person prepares or mails
monthly or periodic statements of accounts due if all payments are made
to that other person and no other collection efforts are made by the
person preparing the statements of account;
(e) An "out-of-state collection agency" as defined in this chapter;
or
(f) Any person while acting as a debt collector for another person,
both of whom are related by common ownership or affiliated by corporate
control, if the person acting as a debt collector does so only for
persons to whom it is so related or affiliated and if the principal
business of the person is not the collection of debts.
(4) "Out-of-state collection agency" means a person whose
activities within this state are limited to collecting debts from
debtors located in this state by means of interstate communications,
including telephone, mail, or facsimile transmission, from the person's
location in another state on behalf of clients located outside of this
state, but does not include any person who is excluded from the
definition of the term "debt collector" under the federal fair debt
collection practices act (15 U.S.C. Sec. 1692a(6)).
(5) "Claim" means any obligation for the payment of money or thing
of value arising out of any agreement or contract, express or implied.
(6) "Statement of account" means a report setting forth only
amounts billed, invoices, credits allowed, or aged balance due.
(7) "Director" means the director of licensing.
(8) "Client" or "customer" means any person authorizing or
employing a collection agency to collect a claim.
(9) "Licensee" means any person licensed under this chapter.
(10) (("Board" means the Washington state collection agency board.)) "Debtor" means any person owing or alleged to owe a claim.
(11)
(((12))) (11) "Commercial claim" means any obligation for payment
of money or thing of value arising out of any agreement or contract,
express or implied, where the transaction which is the subject of the
agreement or contract is not primarily for personal, family, or
household purposes.
Sec. 107 RCW 19.16.420 and 1971 ex.s. c 253 s 33 are each amended
to read as follows:
On or about the first day of February in each year, the director
shall cause to be made available at reasonable expense to a licensee a
copy of this chapter, a copy of the current rules and regulations of
the director((, and board,)) and such other materials as the director
or board may prescribe.
NEW SECTION. Sec. 108 A new section is added to chapter 19.16
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012:
(1) RCW 19.16.280 (Board created -- Composition of board -- Qualification of members) and 1971 ex.s. c 253 s 19;
(2) RCW 19.16.290 (Board -- Initial members -- Terms -- Oath -- Removal)
and 1971 ex.s. c 253 s 20;
(3) RCW 19.16.300 (Board meetings -- Quorum -- Effect of vacancy) and
1971 ex.s. c 253 s 21;
(4) RCW 19.16.310 (Board -- Compensation -- Reimbursement of travel
expenses) and 1984 c 287 s 54, 1975-'76 2nd ex.s. c 34 s 58, & 1971
ex.s. c 253 s 22;
(5) RCW 19.16.320 (Board -- Territorial scope of operations) and 1971
ex.s. c 253 s 23;
(6) RCW 19.16.330 (Board -- Immunity from suit) and 1971 ex.s. c 253
s 24;
(7) RCW 19.16.340 (Board -- Records) and 1971 ex.s. c 253 s 25;
(8) RCW 19.16.351 (Additional powers and duties of board) and 2002
c 86 s 267, 1977 ex.s. c 194 s 2, & 1973 1st ex.s. c 20 s 8;
(9) RCW 19.16.410 (Rules, orders, decisions, etc) and 2007 c 256 s
4 & 1971 ex.s. c 253 s 32; and
(10) RCW 19.16.420 (Copy of this chapter, rules and regulations
available to licensee) and 1971 ex.s. c 253 s 33.
NEW SECTION. Sec. 109 A new section is added to chapter 72.78
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 72.78.030 (community transition coordination
networks advisory committee).
NEW SECTION. Sec. 110 A new section is added to chapter 70.198
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 79.198.020 (deaf and hard of hearing advisory
council).
NEW SECTION. Sec. 111 A new section is added to chapter 28A.175
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28A.175.075 (drop-out prevention state-level
leadership group).
NEW SECTION. Sec. 112 A new section is added to chapter 43.06B
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 43.06B.010 (education ombudsman appointment
committee).
NEW SECTION. Sec. 113 A new section is added to chapter 44.39
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 44.39.010 (joint committee on energy supply
and energy conservation).
NEW SECTION. Sec. 114 A new section is added to chapter 38.52
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 38.52.530 (enhanced 911 advisory committee).
NEW SECTION. Sec. 115 A new section is added to chapter 43.22
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 43.22.420 (factory assembled structures
advisory board).
NEW SECTION. Sec. 116 The following act is temporarily suspended
until July 1, 2012: 2007 c 357 s 2 (uncodified) (joint legislative
task force on family leave insurance).
NEW SECTION. Sec. 117 A new section is added to chapter 28A.300
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28A.300.450 (financial literacy public-private
partnership).
NEW SECTION. Sec. 118 A new section is added to chapter 43.31
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 43.31.425 (Hanford area economic investment
fund committee).
NEW SECTION. Sec. 119 A new section is added to chapter 70.47A
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 70.47A.100 (health insurance partnership
board).
NEW SECTION. Sec. 120 A new section is added to chapter 28B.115
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28B.115.050 (health professional loan
repayment and scholarship advisory committee).
NEW SECTION. Sec. 121 RCW 79A.30.030 (Washington state horse
park authority -- Formation -- Powers -- Articles of incorporation -- Board)
and 2000 c 11 s 85 & 1995 c 200 s 4 are each repealed.
NEW SECTION. Sec. 122 A new section is added to chapter 77.85
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 77.85.200 (lower Columbia fish recovery
board).
NEW SECTION. Sec. 123 A new section is added to chapter 28A.305
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28A.305.219 (mathematics advisory panel and
science advisory panel).
NEW SECTION. Sec. 124 A new section is added to chapter 1.40 RCW
to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 1.40.020 (medal of merit committee).
NEW SECTION. Sec. 125 A new section is added to chapter 1.60 RCW
to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 1.60.020 (state medal of valor committee).
NEW SECTION. Sec. 126 A new section is added to chapter 13.60
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 13.60.120 (missing and exploited children task
force).
NEW SECTION. Sec. 127 A new section is added to chapter 43.147
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: Chapter 43.147 RCW (Pacific Northwest economic
region delegate council and executive committee).
NEW SECTION. Sec. 128 A new section is added to chapter 28B.10
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28B.10.922 (performance agreement committee).
NEW SECTION. Sec. 129 A new section is added to chapter 28A.195
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28A.195.050 (private school advisory
committee).
NEW SECTION. Sec. 130 A new section is added to chapter 36.102
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 36.102.040 (public stadium authority advisory
committee).
NEW SECTION. Sec. 131 A new section is added to chapter 41.04
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 41.04.276 (select committee on pension
policy).
NEW SECTION. Sec. 132 The following act is temporarily suspended
until July 1, 2012: 2008 c 195 s 2 (uncodified) (recreation on state
trust lands work group).
NEW SECTION. Sec. 133 A new section is added to chapter 74.18
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 74.18.070 (rehabilitation council for the
department of services for the blind).
NEW SECTION. Sec. 134 A new section is added to chapter 28A.600
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28A.600.130 (scholars advisory and selection
committee).
NEW SECTION. Sec. 135 A new section is added to chapter 28A.160
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28A.160.195 (school bus equipment and
specifications committee).
NEW SECTION. Sec. 136 The following acts or parts of acts are
each repealed: 2007 c 520 s 6016 (uncodified) (joint legislative task
force on school construction funding); and
2007 c 520 s 6026 (uncodified) (study committee on public
infrastructure programs and funding structures).
NEW SECTION. Sec. 137 A new section is added to chapter 28A.525
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28A.525.025 (school facilities citizen
advisory panel).
NEW SECTION. Sec. 138 A new section is added to chapter 43.210
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 43.210.030 (small business export finance
assistance center board).
NEW SECTION. Sec. 139 A new section is added to chapter 28A.175
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 28A.175.075 (state-level leadership group).
NEW SECTION. Sec. 140 A new section is added to chapter 58.24
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 58.24.020 (survey advisory board).
NEW SECTION. Sec. 141 A new section is added to chapter 44.55
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 44.55.020 (joint legislative oversight
committee on trade policy).
NEW SECTION. Sec. 142 The following act is temporarily suspended
until July 1, 2012: 2007 c 288 s 2 (uncodified) (joint legislative
task force on underground economy in the construction industry).
NEW SECTION. Sec. 143 A new section is added to chapter 90.86
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 90.86.010 (joint legislative committee on
water supply during drought).
NEW SECTION. Sec. 144 The activities of the following boards and
commissions shall be suspended until July 1, 2012:
(1) The joint select committee on beer and wine regulation; and
(2) The committee on legislative old timers events.
NEW SECTION. Sec. 145 A new section is added to chapter 90.56
RCW to read as follows:
The following acts or parts of acts are each temporarily suspended
until July 1, 2012: RCW 90.56.120 (oil spill advisory council--Meetings--Travel expenses and compensation).
NEW SECTION. Sec. 146 A new section is added to chapter 43.20A
RCW to read as follows:
The following committees established pursuant to authority granted
in RCW 43.20A.350 are each suspended until July 1, 2012:
(1) Economic services advisory committee;
(2) Medicaid school administrative match advisory committee;
(3) Family to family advisory council, region 3.
NEW SECTION. Sec. 147 The following acts or parts of acts are
each repealed:
(1) RCW 46.38.010 (Compact enacted -- Provisions) and 1963 c 204 s 1;
(2) RCW 46.38.020 (Legislative findings) and 1987 c 330 s 735 &
1963 c 204 s 2;
(3) RCW 46.38.030 (Effective date of rules, etc. of vehicle safety
equipment commission) and 1987 c 330 s 736, 1967 ex.s. c 145 s 57, &
1963 c 204 s 3;
(4) RCW 46.38.040 (Appointment of commissioner and alternate
commissioner) and 1987 c 330 s 737 & 1963 c 204 s 4;
(5) RCW 46.38.050 (Cooperation of state agencies with vehicle
equipment safety commission) and 1963 c 204 s 5;
(6) RCW 46.38.060 (State officers for the filing of documents and
receipt of notices) and 1987 c 330 s 738 & 1963 c 204 s 6;
(7) RCW 46.38.070 (Vehicle equipment safety commission to submit
budgets to director of financial management) and 1979 c 151 s 160 &
1963 c 204 s 7;
(8) RCW 46.38.080 (State auditor to inspect accounts of vehicle
equipment safety commission) and 1963 c 204 s 8; and
(9) RCW 46.38.090 (Withdrawal from compact, "executive head"
defined) and 1963 c 204 s 9.
NEW SECTION. Sec. 148 The following acts or parts of acts are
each repealed:
(1) RCW 46.39.010 (Compact enacted -- Provisions) and 1977 ex.s. c 88
s 1; and
(2) RCW 46.39.020 (Designation of Washington state commissioners)
and 1984 c 7 s 51 & 1977 ex.s. c 88 s 2.
NEW SECTION. Sec. 149 The traumatic brain injury grant advisory
board must be dissolved by July 1, 2011. The traumatic brain injury
council shall assume all duties and powers of the traumatic brain
injury grant advisory board necessary to retain any federal grants.
Sec. 150 RCW 43.60A.010 and 2006 c 343 s 2 are each amended to
read as follows:
As used in this chapter the following words and phrases shall have
the following meanings unless the context clearly requires otherwise:
(1) "Department" means the department of veterans affairs.
(2) "Director" means the director of the department of veterans
affairs.
(3) "Committee" means the veterans affairs advisory committee.
(((4) "Board" means the veterans innovations program board.))
Sec. 151 RCW 43.60A.080 and 1995 c 25 s 1 are each amended to
read as follows:
(1) There is hereby created a veterans affairs advisory committee
which shall serve in an advisory capacity to the governor and the
director of the department of veterans affairs. The committee shall be
composed of seventeen members to be appointed by the governor, and
shall consist of the following:
(a) One representative of the Washington soldiers' home and colony
at Orting and one representative of the Washington veterans' home at
Retsil. Each home's resident council may nominate up to three
individuals whose names are to be forwarded by the director to the
governor. In making the appointments, the governor shall consider
these recommendations or request additional nominations.
(b) One representative each from the three congressionally
chartered or nationally recognized veterans service organizations as
listed in the current "Directory of Veterans Service Organizations"
published by the United States department of veterans affairs with the
largest number of active members in the state of Washington as
determined by the director. The organizations' state commanders may
each submit a list of three names to be forwarded to the governor by
the director. In making the appointments, the governor shall consider
these recommendations or request additional nominations.
(c) Ten members shall be chosen to represent those congressionally
chartered or nationally recognized veterans service organizations
listed in the directory under (b) of this subsection and having at
least one active chapter within the state of Washington. Up to three
nominations may be forwarded from each organization to the governor by
the director. In making the appointments, the governor shall consider
these recommendations or request additional nominations.
(d) Two members shall be veterans at large. Any individual or
organization may nominate a veteran for an at-large position.
Organizational affiliation shall not be a prerequisite for nomination
or appointment. All nominations for the at-large positions shall be
forwarded by the director to the governor.
(e) No organization shall have more than one official
representative on the committee at any one time.
(f) In making appointments to the committee, care shall be taken to
ensure that members represent all geographical portions of the state
and minority viewpoints, and that the issues and views of concern to
women veterans are represented.
(2) All members shall have terms of four years. In the case of a
vacancy, appointment shall be only for the remainder of the unexpired
term for which the vacancy occurs. No member may serve more than two
consecutive terms, with vacancy appointments to an unexpired term not
considered as a term. Members appointed before June 11, 1992, shall
continue to serve until the expiration of their current terms; and
then, subject to the conditions contained in this section, are eligible
for reappointment.
(3) The committee shall adopt an order of business for conducting
its meetings.
(4) The committee shall have the following powers and duties:
(a) To serve in an advisory capacity to the governor and the
director on matters pertaining to the department of veterans affairs;
(b) To acquaint themselves fully with the operations of the
department and recommend such changes to the governor and the director
as they deem advisable; and
(c) To exercise the powers granted under RCW 43.60A.160 through
43.60A.185 related to the competitive grant program.
(5) Members of the committee shall receive no compensation for the
performance of their duties but shall receive a per diem allowance and
mileage expense according to the provisions of chapter 43.03 RCW.
NEW SECTION. Sec. 152 The following acts or parts of acts are
each repealed:
(1) RCW 43.60A.170 (Competitive grant program -- Veterans innovations
program board -- Travel expenses) and 2006 c 343 s 5;
(2) RCW 43.131.405 (Veterans innovations program -- Termination) and
2006 c 343 s 10; and
(3) RCW 43.131.406 (Veterans innovations program -- Repeal) and 2006
c 343 s 11.
NEW SECTION. Sec. 153 The HIV policy collaborative established
under RCW 43.70.040 must be dissolved by July 1, 2011. The HIV/AIDS
education program review panel must assume all duties and powers of the
HIV policy collaborative necessary to retain any federal grants.
NEW SECTION. Sec. 154 By July 1, 2011, the governor shall
recommend to the legislature which of the boards and commissions,
created either by statute or by action of the executive branch, shall
receive state funding, those whose activities shall be suspended, and
those which shall be terminated either by legislative or executive
branch action.
NEW SECTION. Sec. 155 (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. 156 Any agency or state or local government
entity that is required by statute to consult with a board or
commission suspended or eliminated by this act shall instead seek
informed opinions from other individuals or groups engaged in similar
activities, as the director or governing body feels is appropriate.
NEW SECTION. Sec. 157 Sections 2 through 11, 121, 136, 137, 146,
148, 149, 155, and 156 of this act take effect June 30, 2010.
NEW SECTION. Sec. 158 Section 104 of this act expires July 1,
2010.
NEW SECTION. Sec. 159 Section 105 of this act takes effect July
1, 2010.
NEW SECTION. Sec. 160 Sections 12 through 92 of this act take
effect June 30, 2011.
NEW SECTION. Sec. 161 Sections 93 through 103 and 106 through
152 of this act expire July 1, 2012.