Passed by the House March 19, 2010 Yeas 89   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 18, 2010 Yeas 40   BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2617 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
Approved March 29, 2010, 2:45 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 30, 2010 Secretary of State State of Washington |
State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 03/10/10.
AN ACT Relating to eliminating boards and commissions; amending RCW 43.03.027, 43.03.028, 34.12.100, 42.17.370, 43.03.040, 43.63A.760, 70.47.040, 41.04.033, 41.04.0331, 41.04.0332, 72.78.030, 43.101.380, 43.105.052, 82.58.020, 46.20.100, 46.82.280, 46.82.330, 46.82.420, 18.73.030, 18.73.101, 41.50.088, 41.50.770, 41.50.780, 41.34.020, 41.34.040, 41.34.070, 41.34.130, 41.34.140, 43.33A.135, 36.70C.030, 70.112.010, 70.112.020, 43.43.930, 43.43.934, 43.43.938, 43.43.962, 43.43.963, 43.44.030, 43.44.060, 38.52.530, 49.26.120, 48.62.061, 48.62.161, 28B.76.280, 43.330.090, 2.56.031, 13.40.510, 43.105.041, 43.105.805, 43.105.820, 19.146.225, 90.56.005, 90.56.060, 43.30.820, 18.210.010, 18.210.050, 18.210.060, 70.118.110, 77.95.100, 77.95.180, 77.95.190, 70.95.030, 43.21A.520, 70.105.010, 70.105.160, 46.16.316, 46.16.715, 46.16.725, 46.16.745, 46.16.755, 46.16.775, 46.16.30901, 46.16.30903, 46.16.30905, 46.16.30907, 46.16.30909, 46.16.30911, 46.16.30913, 46.16.30914, 46.16.30916, 46.16.30918, 46.16.30920, 46.16.30922, 46.16.30924, 46.16.30926, 46.16.30928, 43.370.020, 43.370.030, 43.60A.170, 43.131.406, 43.60A.010, 70.119A.180, 90.86.030, 27.34.365, 70.94.6534, 76.04.630, 76.04.660, 15.92.070, 17.21.020, 43.15.020, 43.15.020, 46.01.325, 46.01.140, 43.03.050, 43.03.220, 43.03.230, 43.03.240, 43.03.250, and 43.03.265; reenacting and amending RCW 18.71.205, 43.21B.005, 43.105.020, and 46.16.233; adding newsections to chapter 43.215 RCW; creating new sections; recodifying RCW 43.121.170, 43.121.175, and 43.121.180; repealing RCW 70.96A.070, 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, 46.82.300, 18.73.040, 18.73.050, 41.50.086, 43.21L.005, 43.21L.010, 43.21L.020, 43.21L.030, 43.21L.040, 43.21L.050, 43.21L.060, 43.21L.070, 43.21L.080, 43.21L.090, 43.21L.100, 43.21L.110, 43.21L.120, 43.21L.130, 43.21L.140, 43.21L.900, 43.21L.901, 70.112.030, 70.112.040, 70.112.050, 43.43.932, 43.43.936, 70.105E.070, 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, 43.360.040, 19.146.280, 90.56.120, 90.56.130, 18.210.040, 18.210.070, 70.118.100, 77.95.110, 77.95.120, 70.95.040, 70.95.050, 70.95.070, 70.105.060, 46.16.705, 43.60A.180, 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, 70.119A.160, 46.39.010, 46.39.020, 17.15.040, 79.19.070, 76.04.145, 43.126.015, 43.126.025, 43.126.035, 43.126.045, 43.126.055, 43.126.065, 43.126.075, 43.126.085, 17.21.230, 17.21.240, 17.21.250, 17.21.260, 17.21.270, 70.104.080, and 46.01.320; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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. 2 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 tothe 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. 3 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. 4 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. 5 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)) department of personnel. For the twelve months
following February 18, 2009, a salary or wage increase shall not be
granted to any position under this section.
Sec. 6 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, ((
(4)Tukwilla)) Tukwila, Kent,
and Federal Way, and the unincorporated portion of west King county.
(((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.
Sec. 7 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. 8 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. 9 RCW 41.04.033 and 2003 c 205 s 1 are each amended to read
as follows:
The ((director of the department of personnel)) secretary of state
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. 10 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 secretary of state or the
secretary's designee may but ((are)) is not limited to the following:
(1) ((Raising)) Raise money for charity, and reducing the
disruption to government caused by multiple fund drives;
(2) ((Establishing)) Establish criteria by which a public or
private nonprofit organization may participate in the combined fund
drive;
(3) ((Engaging)) Engage 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)) Request 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)) Engage in educational activities, including
classes, exhibits, seminars, workshops, and conferences, related to the
basic purpose of the combined fund drive;
(6) ((Engaging)) Engage in appropriate fund-raising and advertising
activities for the support of the administrative duties of the
Washington state combined fund drive; and
(7) ((Charging)) Charge 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. 11 RCW 41.04.0332 and 2003 c 205 s 3 are each amended to
read as follows:
The ((Washington state combined fund drive committee)) secretary of
state 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.
Sec.12 RCW 72.78.030 and 2007 c 483 s 103 are each amended to
read as follows:
(1) The department of ((community, trade, and economic
development)) commerce shall establish a community transition
coordination network pilot program for the purpose of awarding grants
to counties or groups of counties for implementing coordinated reentry
efforts for offenders returning to the community. Grant awards are
subject to the availability of amounts appropriated for this specific
purpose.
(2) By September 1, 2007, the Washington state institute for public
policy shall, in consultation with the department of ((community,
trade, and economic development)) commerce, develop criteria for the
counties in conducting its evaluation as directed by subsection (6)(c)
of this section.
(3) Effective February 1, 2008, any county or group of counties may
apply for participation in the community transition coordination
network pilot program by submitting a proposal for a community
transition coordination network.
(4) A proposal for a community transition coordination network
initiated under this section must be collaborative in nature and must
seek locally appropriate evidence-based or research-based solutions and
promising practices utilizing the participation of public and private
entities or programs to support successful, community-based offender
reentry.
(5) In developing a proposal for a community transition
coordination network, counties or groups of counties and the department
of corrections shall collaborate in addressing:
(a) Efficiencies that may be gained by sharing space or resources
in the provision of reentry services to offenders;
(b) Mechanisms for communication of information about offenders,
including the feasibility of shared access to databases;
(c) Partnerships to establish neighborhood corrections initiatives
as defined in RCW 72.09.280.
(6) A proposal for a community transition coordination network must
include:
(a) Descriptions of collaboration and coordination between local
community policing and supervision programs and those agencies and
entities identified in the inventory conducted pursuant to RCW
72.78.020
to address the risks and needs of offenders under a
participating county or city misdemeanant probation or other
supervision program including:
(i) A proposed method of assessing offenders to identify the
offenders' risks and needs. Counties and cities are encouraged, where
possible, to make use of assessment tools developed by the department
of corrections in this regard;
(ii) A proposal for developing and/or maintaining an individual
reentry plan for offenders;
(iii) Connecting offenders to services and resources that meet the
offender's needs as identified in his or her individual reentry plan
including the identification of community representatives or volunteers
that may assist the offender with his or her transition; and
(iv) The communication of assessment information, individual
reentry plans, and service information between parties involved with
(([the])) the offender's reentry;
(b) Mechanisms to provide information to former offenders regarding
services available to them in the community regardless of the length of
time since the offender's release and regardless of whether the
offender was released from prison or jail. Mechanisms shall, at a
minimum, provide for:
(i) Maintenance of the information gathered in RCW 72.78.020
regarding services currently existing within the community that are
available to offenders; and
(ii) Coordination of access to existing services with community
providers and provision of information to offenders regarding how to
access the various type of services and resources that are available in
the community; and
(c) An evaluation of the county's or group of counties' readiness
to implement a community transition coordination network including the
social service needs of offenders in general, capacity of local
facilities and resources to meet offenders' needs, and the cost to
implement and maintain a community transition coordination network for
the duration of the pilot project.
(7) The department of ((community, trade, and economic
development)) commerce shall review county applications for funding
through the community transition coordination network pilot program
and,
no later than April 1, 2008, shall select up to four counties or
groups of counties. In selecting pilot counties or regions, the
department shall consider the extent to which the proposal:
(a) Addresses the requirements set out in subsection (6) of this
section;
(b) Proposes effective partnerships and coordination between local
community policing and supervision programs, social service and
treatment providers, and the department of corrections' community
justice center, if a center is located in the county or region;
(c) Focuses on measurable outcomes such as increased employment and
income, treatment objectives, maintenance of stable housing, and
reduced recidivism;
(d) Contributes to the diversity of pilot programs, considering
factors such as geographic location, size of county or region, and
reentry services currently available. The department shall ensure that
a grant is awarded to at least one rural county or group of counties
and at least one county or group of counties where a community justice
center operated by the department of corrections is located; and
(e) Is feasible, given the evaluation of the social service needs
of offenders, the existing capacity of local facilities and resources
to meet offenders' needs, and the cost to implement a community
transition coordination network in the county or group of counties.
(8) ((The department of community, trade, and economic development
shall convene a policy advisory committee composed of representatives
from the senate, the house of representatives, the governor's office of
financial management, the department of corrections, to include one
representative who is a community corrections officer, the office of
crime victims' advocacy, the Washington state association of counties,
association of Washington cities, a nonprofit provider of reentry
services, and an ex-offender who has discharged the terms of his or her
sentence. The advisory committee shall meet no less than annually to
receive status reports on the implementation of community transition
coordination networks, review annual reports and the pilot project
evaluations submitted pursuant to RCW 72.78.050, and identify evidence-based, research-based, and promising practices for other counties
seeking to establish community transition coordination networks.)) Pilot networks established under this section shall extend
for
a period of four fiscal years, beginning July 1, 2008, and ending
June 30, 2012.
(9)
(((10))) (9) This section expires June 30, 2013.
NEW SECTION. Sec. 13 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. 14 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. 15 RCW 43.105.055 (Advisory committees --
Customer advisory board) and 1999 c 80 s 7 & 1987 c 504 s 9 are each
repealed.
Sec. 16 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.
Sec. 17 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.
Sec. 18 RCW 46.20.100 and 2002 c 195 s 1 are each amended to read
as follows:
(1) Application. The application of a person under the age of
eighteen years for a driver's license or a motorcycle endorsement must
be signed by a parent or guardian with custody of the minor. If the
person under the age of eighteen has no father, mother, or guardian,
then the application must be signed by the minor's employer.
(2) Traffic safety education requirement. For a person under the
age of eighteen years to obtain a driver's license he or she must meet
the traffic safety education requirements of this subsection.
(a) To meet the traffic safety education requirement for a driver's
license the applicant must satisfactorily complete a traffic safety
education course as defined in RCW 28A.220.020 for a course offered by
a school district, or as defined by the department of licensing for a
course offered by a driver training school licensed under chapter 46.82
RCW. The course offered by a school district or an approved private
school must meet the standards established by the office of the state
superintendent of public instruction. The course offered by a driver
training school must meet the standards established by the department
of licensing ((with the advice of the driver instructors' advisory
committee, pursuant to RCW 46.82.300)). The traffic safety education
course may be provided by:
(i) A recognized secondary school; or
(ii) A driver training school licensed under chapter 46.82 RCW that
is annually approved by the department of licensing.
(b) To meet the traffic safety education requirement for a
motorcycle endorsement, the applicant must successfully complete a
motorcycle safety education course that meets the standards established
by the department of licensing.
(c) The department may waive the traffic safety education
requirement for a driver's license if the applicant demonstrates to the
department's satisfaction that:
(i) He or she was unable to take or complete a traffic safety
education course;
(ii) A need exists for the applicant to operate a motor vehicle;
and
(iii) He or she has the ability to operate a motor vehicle in such
a manner as not to jeopardize the safety of persons or property.
The department may adopt rules to implement this subsection (2)(c) in
concert with the supervisor of the traffic safety education section of
the office of the superintendent of public instruction.
(d) The department may waive the traffic safety education
requirement if the applicant was licensed to drive a motor vehicle or
motorcycle outside this state and provides proof that he or she has had
education equivalent to that required under this subsection.
Sec. 19 RCW 46.82.280 and 2009 c 101 s 1 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 driving instructors' advisory
committee as created in this chapter.)) "Behind-the-wheel instruction" means instruction in an
approved driver training school instruction vehicle according to and
inclusive of the minimum required curriculum. Behind-the-wheel
instruction is characterized by driving experience.
(2)
(((3))) (2) "Classroom" means a space dedicated to and used
exclusively by a driver training instructor for the instruction of
students. With prior department approval, a branch office classroom
may
be located within alternative facilities, such as a public or
private library, school, community college, college or university, or
a business training facility.
(((4))) (3) "Classroom instruction" means that portion of a traffic
safety education course that is characterized by classroom-based
student instruction conducted by or under the direct supervision of a
licensed instructor or licensed instructors.
(((5))) (4) "Director" means the director of the department of
licensing of the state of Washington.
(((6))) (5) "Driver training education course" means a course of
instruction in traffic safety education approved and licensed by the
department of licensing that consists of classroom and behind-the-wheel
instruction as documented by the minimum approved curriculum.
(((7))) (6) "Driver training school" means a commercial driver
training school engaged in the business of giving instruction, for a
fee, in the operation of automobiles.
(((8))) (7) "Enrollment" means the collecting of a fee or the
signing of a contract for a driver training education course.
"Enrollment" does not include the collecting of names and contact
information for enrolling students once a driver training school is
licensed to instruct.
(((9))) (8) "Fraudulent practices" means any conduct or
representation on the part of a driver training school owner or
instructor including:
(a) Inducing anyone to believe, or to give the impression, that a
license to operate a motor vehicle or any other license granted by the
director may be obtained by any means other than those prescribed by
law, or furnishing or obtaining the same by illegal or improper means,
or requesting, accepting, or collecting money for such purposes;
(b) Operating a driver training school without a license, providing
instruction without an instructor's license, verifying enrollment prior
to being licensed, misleading or false statements on applications for
a commercial driver training school license or instructor's license or
on any required records or supporting documentation;
(c) Failing to fully document and maintain all required driver
training school records of instruction, school operation, and
instructor training;
(d) Issuing a driver training course certificate without requiring
completion of the necessary behind-the-wheel and classroom instruction.
(((10))) (9) "Instructor" means any person employed by or otherwise
associated with a driver training school to instruct persons in the
operation of an automobile.
(((11))) (10) "Owner" means an individual, partnership,
corporation, association, or other person or group that holds a
substantial interest in a driver training school.
(((12))) (11) "Person" means any individual, firm, corporation,
partnership, or association.
(((13))) (12) "Place of business" means a designated location at
which the business of a driver training school is transacted or its
records are kept.
(((14))) (13) "Student" means any person enrolled in an approved
driver training course.
(((15))) (14) "Substantial interest holder" means a person who has
actual or potential influence over the management or operation of any
driver training school. Evidence of substantial interest includes, but
is not limited to, one or more of the following:
(a) Directly or indirectly owning, operating, managing, or
controlling a driver training school or any part of a driver training
school;
(b) Directly or indirectly profiting from or assuming liability for
debts of a driver training school;
(c) Is an officer or director of a driver training school;
(d) Owning ten percent or more of any class of stock in a privately
or closely held corporate driver training school, or five percent or
more of any class of stock in a publicly traded corporate driver
training school;
(e) Furnishing ten percent or more of the capital, whether in cash,
goods, or services, for the operation of a driver training school
during any calendar year; or
(f) Directly or indirectly receiving a salary, commission,
royalties, or other form of compensation from the activity in which a
driver training school is or seeks to be engaged.
NEW SECTION. Sec. 20 RCW 46.82.300 (Driver instructors' advisory
committee) and 2009 c 101 s 2, 2006 c 219 s 3, 2002 c 195 s 5, 1984 c
287 s 93, & 1979 ex.s. c 51 s 3 are each repealed.
Sec. 21 RCW 46.82.330 and 2009 c 101 s 6 are each amended to read
as follows:
(1) The application for an instructor's license shall document the
applicant's fitness, knowledge, skills, and abilities to teach the
classroom and behind-the-wheel phases of a driver training education
program in a commercial driver training school.
(2) An applicant shall be eligible to apply for an original
instructor's certificate if the applicant possesses and meets the
following qualifications and conditions:
(a) Has been licensed to drive for five or more years and possesses
a current and valid Washington driver's license or is a resident of a
jurisdiction immediately adjacent to Washington state and possesses a
current and valid license issued by such jurisdiction, and does not
have on his or her driving record any of the violations or penalties
set forth in (a)(i), (ii), or (iii) of this subsection. The director
shall have the right to examine the driving record of the applicant
from the department of licensing and from other jurisdictions and from
these records determine if the applicant has had:
(i) Not more than one moving traffic violation within the preceding
twelve months or more than two moving traffic violations in the
preceding twenty-four months;
(ii) No drug or alcohol-related traffic violation or incident
within the preceding three years. If there are two or more drug or
alcohol-related traffic violations in the applicant's driving history,
the applicant is no longer eligible to be a driving instructor; and
(iii) No driver's license suspension, cancellation, revocation, or
denial within the preceding two years, or no more than two of these
occurrences in the preceding five years;
(b) Is a high school graduate or the equivalent and at least
twenty-one years of age;
(c) Has completed an acceptable application on a form prescribed by
the director;
(d) Has satisfactorily completed a course of instruction in the
training of drivers acceptable to the director that is no less than
sixty hours in length and includes instruction in classroom and behind-the-wheel teaching methods and supervised practice behind-the-wheel
teaching of driving techniques; and
(e) Has paid an examination fee as set by rule of the department
and has successfully completed an instructor's examination ((as
approved by the advisory committee)).
Sec. 22 RCW 46.82.420 and 2008 c 125 s 3 are each amended to read
as follows:
(1) The ((advisory committee shall consult with the)) department
((in the development and maintenance of)) shall develop and maintain a
basic minimum required curriculum and ((the department)) shall furnish
to each qualifying applicant for an instructor's license or a driver
training school license a copy of such curriculum.
(2) In addition to information on the safe, lawful, and responsible
operation of motor vehicles on the state's highways, the basic minimum
required curriculum shall include information on:
(a) Intermediate driver's license issuance, passenger and driving
restrictions and sanctions for violating the restrictions, and the
effect of traffic violations and collisions on the driving privileges;
(b) The effects of alcohol and drug use on motor vehicle operators,
including information on drug and alcohol related traffic injury and
mortality rates in the state of Washington and the current penalties
for driving under the influence of drugs or alcohol;
(c) Motorcycle awareness, approved by the director, to ensure new
operators of motor vehicles have been instructed in the importance of
safely sharing the road with motorcyclists;
(d) Bicycle safety, to ensure that operators of motor vehicles have
been instructed in the importance of safely sharing the road with
bicyclists; and
(e) Pedestrian safety, to ensure that operators of motor vehicles
have been instructed in the importance of safely sharing the road with
pedestrians.
(3) Should the director be presented with acceptable proof that any
licensed instructor or driver training school is not showing proper
diligence in teaching such basic minimum curriculum as required, the
instructor or school shall be required to appear before the ((advisory
committee)) director and show cause why the license of the instructor
or school should not be revoked for such negligence. If the
((committee)) director does not accept such reasons as may be offered,
the director may revoke the license of the instructor or school, or
both.
NEW SECTION. Sec. 23 The following acts or parts of acts are
each repealed:
(1) RCW 18.73.040 (Emergency medical services licensing and
certification advisory committee) and 1990 c 269 s 6, 1984 c 279 s 55,
1981 c 338 s 13, 1979 ex.s. c 261 s 2, 1975-'76 2nd ex.s. c 34 s 43, &
1973 1st ex.s. c 208 s 4; and
(2) RCW 18.73.050 (Committee -- Duties -- Review of rules) and 1990 c
269 s 7, 1987 c 214 s 3, 1979 ex.s. c 261 s 3, & 1973 1st ex.s. c 208
s 5.
Sec. 24 RCW 18.71.205 and 1996 c 191 s 55 and 1996 c 178 s 6 are
each reenacted and amended to read as follows:
(1) The secretary of the department of health((, in conjunction
with the advice and assistance of the emergency medical services
licensing and certification advisory committee as prescribed in RCW
18.73.050, and the commission,)) shall prescribe:
(a) Practice parameters, training standards for, and levels of,
physician trained emergency medical service intermediate life support
technicians and paramedics;
(b) Minimum standards and performance requirements for the
certification and recertification of physician's trained emergency
medical service intermediate life support technicians and paramedics;
and
(c) Procedures for certification, recertification, and
decertification of physician's trained emergency medical service
intermediate life support technicians and paramedics.
(2) Initial certification shall be for a period established by the
secretary pursuant to RCW 43.70.250 and 43.70.280.
(3) Recertification shall be granted upon proof of continuing
satisfactory performance and education, and shall be for a period
established by the secretary pursuant to RCW 43.70.250 and 43.70.280.
(4) As used in chapters 18.71 and 18.73 RCW, "approved medical
program director" means a person who:
(a) Is licensed to practice medicine and surgery pursuant to
chapter 18.71 RCW or osteopathic medicine and surgery pursuant to
chapter 18.57 RCW; and
(b) Is qualified and knowledgeable in the administration and
management of emergency care and services; and
(c) Is so certified by the department of health for a county, group
of counties, or cities with populations over four hundred thousand in
coordination with the recommendations of the local medical community
and local emergency medical services and trauma care council.
(5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs
uncertified practice, the issuance and denial of certificates, and the
disciplining of certificate holders under this section. The secretary
shall be the disciplining authority under this section. Disciplinary
action shall be initiated against a person credentialed under this
chapter in a manner consistent with the responsibilities and duties of
the medical program director under whom such person is responsible.
(6) Such activities of physician's trained emergency medical
service intermediate life support technicians and paramedics shall be
limited to actions taken under the express written or oral order of
medical program directors and shall not be construed at any time to
include free standing or nondirected actions, for actions not
presenting an emergency or life-threatening condition.
Sec. 25 RCW 18.73.030 and 2005 c 193 s 2 are each amended to read
as follows:
((Unless a different meaning is plainly required by the context,
the following words and phrases as used in this chapter shall have the
meanings indicated.)) The definitions in this section apply throughout
this chapter unless the context clearly requires otherwise.
(1) "Secretary" means the secretary of the department of health.
(2) "Department" means the department of health.
(3) (("Committee" means the emergency medical services licensing
and certification advisory committee.)) "Ambulance" means a ground or air vehicle designed and used
to transport the ill and injured and to provide personnel, facilities,
and equipment to treat patients before and during transportation.
(4)
(((5))) (4) "Aid vehicle" means a vehicle used to carry aid
equipment and individuals trained in first aid or emergency medical
procedure.
(((6))) (5) "Emergency medical technician" means a person who is
authorized by the secretary to render emergency medical care pursuant
to RCW 18.73.081.
(((7))) (6) "Ambulance service" means an organization that operates
one or more ambulances.
(((8))) (7) "Aid service" means an organization that operates one
or more aid vehicles.
(((9))) (8) "Emergency medical service" means medical treatment and
care which may be rendered at the scene of any medical emergency or
while transporting any patient in an ambulance to an appropriate
medical facility, including ambulance transportation between medical
facilities.
(((10))) (9) "Communications system" means a radio and landline
network which provides rapid public access, coordinated central
dispatching of services, and coordination of personnel, equipment, and
facilities in an emergency medical services and trauma care system.
(((11))) (10) "Prehospital patient care protocols" means the
written procedure adopted by the emergency medical services medical
program director which direct the out-of-hospital emergency care of the
emergency patient which includes the trauma care patient. These
procedures shall be based upon the assessment of the patient's medical
needs and what treatment will be provided for emergency conditions.
The protocols shall meet or exceed statewide minimum standards
developed by the department in rule as authorized in chapter 70.168
RCW.
(((12))) (11) "Patient care procedures" means written operating
guidelines adopted by the regional emergency medical services and
trauma care council, in consultation with the local emergency medical
services and trauma care councils, emergency communication centers, and
the emergency medical services medical program director, in accordance
with statewide minimum standards. The patient care procedures shall
identify the level of medical care personnel to be dispatched to an
emergency scene, procedures for triage of patients, the level of trauma
care facility to first receive the patient, and the name and location
of other trauma care facilities to receive the patient should an
interfacility transfer be necessary. Procedures on interfacility
transfer of patients shall be consistent with the transfer procedures
in chapter 70.170 RCW.
(((13))) (12) "Emergency medical services medical program director"
means a person who is an approved medical program director as defined
by RCW 18.71.205(4).
(((14))) (13) "Council" means the local or regional emergency
medical services and trauma care council as authorized under chapter
70.168 RCW.
(((15))) (14) "Basic life support" means noninvasive emergency
medical services requiring basic medical treatment skills as defined in
chapter 18.73 RCW.
(((16))) (15) "Advanced life support" means invasive emergency
medical services requiring advanced medical treatment skills as defined
by chapter 18.71 RCW.
(((17))) (16) "First responder" means a person who is authorized by
the secretary to render emergency medical care as defined by RCW
18.73.081.
(((18))) (17) "Stretcher" means a cart designed to serve as a
litter for the transportation of a patient in a prone or supine
position as is commonly used in the ambulance industry, such as wheeled
stretchers, portable stretchers, stair chairs, solid backboards, scoop
stretchers, basket stretchers, or flexible stretchers. The term does
not include personal mobility aids that recline at an angle or remain
at a flat position, that are owned or leased for a period of at least
one week by the individual using the equipment or the individual's
guardian or representative, such as wheelchairs, personal gurneys, or
banana carts.
Sec. 26 RCW 18.73.101 and 2000 c 93 s 17 are each amended to read
as follows:
The secretary may grant a variance from a provision of this chapter
and RCW 18.71.200 through 18.71.220 if no detriment to health and
safety would result from the variance and compliance is expected to
cause reduction or loss of existing emergency medical services.
Variances
may be granted for a period of no more than one year. A
variance may be renewed by the secretary ((upon approval of the
committee)).
NEW SECTION. Sec. 27 RCW 41.50.086 (Employee retirement
benefits board -- Created -- Membership) and 2001 c 181 s 1, 1998 c 341 s
506, & 1995 c 239 s 301 are each repealed.
Sec. 28 RCW 41.50.088 and 2005 c 327 s 14 are each amended to
read as follows:
(1) The ((board)) director shall adopt rules as necessary and
exercise the following powers and duties:
(a) The ((board)) director shall recommend to the state investment
board types of options for member self-directed investment in the
teachers' retirement system plan 3, the school employees' retirement
system plan 3, and the public employees' retirement system plan 3 as
deemed by the ((board)) director to be reflective of the members'
preferences;
(b) By July 1, 2005, subject to favorable tax determination by the
internal revenue service, the ((board)) director shall make optional
actuarially equivalent life annuity benefit payment schedules available
to members and survivors that may be purchased from the combined plan
2 and plan 3 funds under RCW 41.50.075; and
(c) Determination of the basis for administrative charges to the
self-directed investment fund to offset self-directed account expenses;
(2) The ((board)) director shall recommend to the state investment
board types of options for participant self-directed investment in the
state deferred compensation plan, as deemed by the ((board)) director
to be reflective of the participants' preferences.
Sec. 29 RCW 41.50.770 and 1998 c 116 s 11 are each amended to
read as follows:
(1) "Employee" as used in this section and RCW 41.50.780 includes
all full-time, part-time, and career seasonal employees of the state,
a county, a municipality, or other political subdivision of the state,
whether or not covered by civil service; elected and appointed
officials of the executive branch of the government, including full-time members of boards, commissions, or committees; justices of the
supreme court and judges of the court of appeals and of the superior
and district courts; and members of the state legislature or of the
legislative authority of any county, city, or town.
(2) The state, through the department, and any county,
municipality, or other political subdivision of the state acting
through its principal supervising official or governing body is
authorized to contract with an employee to defer a portion of that
employee's income, which deferred portion shall in no event exceed the
amount allowable under 26 U.S.C. Sec. 457, and deposit or invest such
deferred portion in a credit union, savings and loan association, bank,
or mutual savings bank or purchase life insurance, shares of an
investment company, or fixed and/or variable annuity contracts from any
insurance company or any investment company licensed to contract
business in this state.
(3) Employees participating in the state deferred compensation plan
administered by the department shall self-direct the investment of the
deferred portion of their income through the selection of investment
options as set forth in subsection (4) of this section.
(4) The department can provide such plans as it deems are in the
interests of state employees. In addition to the types of investments
described in this section, the state investment board, with respect to
the state deferred compensation plan, shall invest the deferred portion
of an employee's income, without limitation as to amount, in accordance
with RCW 43.84.150, 43.33A.140, and 41.50.780, and pursuant to
investment policy established by the state investment board for the
state deferred compensation plans. The state investment board, after
consultation with the ((employee retirement benefits board)) director
regarding any recommendations made pursuant to RCW 41.50.088(2), shall
provide a set of options for participants to choose from for investment
of the deferred portion of their income. Any income deferred under
such a plan shall continue to be included as regular compensation, for
the purpose of computing the state or local retirement and pension
benefits earned by any employee.
(5) Coverage of an employee under a deferred compensation plan
under this section shall not render such employee ineligible for
simultaneous membership and participation in any pension system for
public employees.
Sec. 30 RCW 41.50.780 and 2008 c 229 s 12 are each amended to
read as follows:
(1) The deferred compensation principal account is hereby created
in the state treasury.
(2) The amount of compensation deferred by employees under
agreements entered into under the authority contained in RCW 41.50.770
shall be paid into the deferred compensation principal account and
shall be sufficient to cover costs of administration and staffing in
addition to such other amounts as determined by the department. The
deferred compensation principal account shall be used to carry out the
purposes of RCW 41.50.770. All eligible state employees shall be given
the opportunity to participate in agreements entered into by the
department under RCW 41.50.770. State agencies shall cooperate with
the department in providing employees with the opportunity to
participate.
(3) Any county, municipality, or other subdivision of the state may
elect to participate in any agreements entered into by the department
under RCW 41.50.770, including the making of payments therefrom to the
employees participating in a deferred compensation plan upon their
separation from state or other qualifying service. Accordingly, the
deferred compensation principal account shall be considered to be a
public pension or retirement fund within the meaning of Article XXIX,
section 1 of the state Constitution, for the purpose of determining
eligible investments and deposits of the moneys therein.
(4) All moneys in the state deferred compensation principal account
and the state deferred compensation administrative account, all
property and rights purchased therewith, and all income attributable
thereto, shall be held in trust by the state investment board, as set
forth under RCW 43.33A.030, for the exclusive benefit of the state
deferred compensation plan's participants and their beneficiaries.
Neither the participant, nor the participant's beneficiary or
beneficiaries, nor any other designee, has any right to commute, sell,
assign, transfer, or otherwise convey the right to receive any payments
under the plan. These payments and right thereto are nonassignable and
nontransferable. Unpaid accumulated deferrals are not subject to
attachment, garnishment, or execution and are not transferable by
operation of law in event of bankruptcy or insolvency, except to the
extent otherwise required by law.
(5) The state investment board has the full power to invest moneys
in the state deferred compensation principal account and the state
deferred compensation administrative account in accordance with RCW
43.84.150, 43.33A.140, and 41.50.770, and cumulative investment
directions received pursuant to RCW 41.50.770. All investment and
operating costs of the state investment board associated with the
investment of the deferred compensation plan assets shall be paid
pursuant to RCW 43.33A.160 and 43.84.160. With the exception of these
expenses, one hundred percent of all earnings from these investments
shall accrue directly to the deferred compensation principal account.
(6)(a) No state board or commission, agency, or any officer,
employee, or member thereof is liable for any loss or deficiency
resulting from participant investments selected pursuant to RCW
41.50.770(3).
(b) Neither the ((employee retirement benefits board)) department,
nor the director or any employee, nor the state investment board, nor
any officer, employee, or member thereof is liable for any loss or
deficiency resulting from reasonable efforts to implement investment
directions pursuant to RCW 41.50.770(3).
(7) The deferred compensation administrative account is hereby
created in the state treasury. All expenses of the department
pertaining to the deferred compensation plan including staffing and
administrative expenses shall be paid out of the deferred compensation
administrative account. Any excess balances credited to this account
over administrative expenses disbursed from this account shall be
transferred to the deferred compensation principal account at such time
and in such amounts as may be determined by the department with the
approval of the office of financial management. Any deficiency in the
deferred compensation administrative account caused by an excess of
administrative expenses disbursed from this account shall be
transferred to this account from the deferred compensation principal
account.
(8)(a)(i) The department shall keep or cause to be kept full and
adequate accounts and records of the assets of each individual
participant, obligations, transactions, and affairs of any deferred
compensation plans created under RCW 41.50.770 and this section. The
department shall account for and report on the investment of state
deferred compensation plan assets or may enter into an agreement with
the state investment board for such accounting and reporting.
(ii) The department's duties related to individual participant
accounts include conducting the activities of trade instruction,
settlement activities, and direction of cash movement and related wire
transfers with the custodian bank and outside investment firms.
(iii) The department has sole responsibility for contracting with
any recordkeepers for individual participant accounts and shall manage
the performance of recordkeepers under those contracts.
(b)(i) The department's duties under (a)(ii) of this subsection do
not limit the authority of the state investment board to conduct its
responsibilities for asset management and balancing of the deferred
compensation funds.
(ii) The state investment board has sole responsibility for
contracting with outside investment firms to provide investment
management for the deferred compensation funds and shall manage the
performance of investment managers under those contracts.
(c) The state treasurer shall designate and define the terms of
engagement for the custodial banks.
(9) The department may adopt rules necessary to carry out its
responsibilities under RCW 41.50.770 and this section.
Sec. 31 RCW 41.34.020 and 2000 c 247 s 401 are each amended to
read as follows:
As used in this chapter, the following terms have the meanings
indicated:
(1) "Actuary" means the state actuary or the office of the state
actuary.
(2) (("Board" means the employee retirement benefits board
authorized in chapter 41.50 RCW.)) "Department" means the department of retirement systems.
(3)
(((4))) (3)(a) "Compensation" for teachers for purposes of this
chapter is the same as "earnable compensation" for plan 3 in chapter
41.32 RCW except that the compensation may be reported when paid,
rather than when earned.
(b) "Compensation" for classified employees for purposes of this
chapter is the same as "compensation earnable" for plan 3 in RCW
41.35.010, except that the compensation may be reported when paid,
rather than when earned.
(c) "Compensation" for public employees for purposes of this
chapter is the same as "compensation earnable" for plan 3 in RCW
41.40.010, except that the compensation may be reported when paid,
rather than when earned.
(((5))) (4)(a) "Employer" for teachers for purposes of this chapter
means the same as "employer" for plan 3 in chapter 41.32 RCW.
(b) "Employer" for classified employees for purposes of this
chapter means the same as "employer" for plan 3 in RCW 41.35.010.
(c) "Employer" for public employees for purposes of this chapter
means the same as "employer" for plan 3 in RCW 41.40.010.
(((6))) (5) "Member" means any employee included in the membership
of a retirement system as provided for in chapter 41.32 RCW of plan 3,
chapter 41.35 RCW of plan 3, or chapter 41.40 RCW of plan 3.
(((7))) (6) "Member account" or "member's account" means the sum of
the contributions and earnings on behalf of the member.
(((8))) (7) "Retiree" means any member in receipt of an allowance
or other benefit provided by this chapter resulting from service
rendered to an employer by such member.
(((9))) (8) "Teacher" means a member of the teachers' retirement
system plan 3 as defined in RCW 41.32.010(29).
(((10))) (9) "Classified employee" means a member of the school
employees' retirement system plan 3 as defined in RCW 41.35.010.
(((11))) (10) "Public employee" means a member of the public
employees' retirement system plan 3 as defined in RCW 41.40.010.
Sec. 32 RCW 41.34.040 and 2003 c 156 s 1 are each amended to read
as follows:
(1) A member shall contribute from his or her compensation
according to one of the following rate structures in addition to the
mandatory minimum five percent:
Option A | Contribution Rate |
All Ages | 0.0% fixed |
Option B | |
Up to Age 35 | 0.0% |
Age 35 to 44 | 1.0% |
Age 45 and above | 2.5% |
Option C | |
Up to Age 35 | 1.0% |
Age 35 to 44 | 2.5% |
Age 45 and above | 3.5% |
Option D | |
All Ages | 2.0% |
Option E | |
All Ages | 5.0% |
Option F | |
All Ages | 10.0% |
Sec. 33 RCW 41.34.070 and 2005 c 327 s 3 are each amended to read
as follows:
(1) If the member retires, becomes disabled, or otherwise
terminates employment, the balance in the member's account may be
distributed in accordance with an option selected by the member either
as a lump sum or pursuant to other options authorized by the ((board))
department.
(2) If the member dies while in service, the balance of the
member's account may be distributed in accordance with an option
selected by the member either as a lump sum or pursuant to other
options authorized by the ((board)) department. The distribution is as
follows:
(a) The distribution shall be made to such person or persons as the
member shall have nominated by written designation duly executed and
filed with the department;
(b) If there be no such designated person or persons still living
at the time of the member's death, the balance of the member's account
in the retirement system, less any amount identified as owing to an
obligee upon withdrawal of such account balance pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's
surviving spouse as if in fact such spouse had been nominated by
written designation;
(c) If there is no surviving spouse, then to such person or
persons, trust, or organization as the member shall have nominated by
written designation duly executed and filed with the department; or
(d) If there is no such designated person or persons still living
at the time of the member's death, then to the member's legal
representatives.
(3) If a member has a terminal illness and terminates from
employment, the member may choose to have the balance in the member's
account distributed as a lump sum payment based on the most recent
valuation in order to expedite the distribution. The department shall
make this payment within ten working days after receipt of notice of
termination of employment, documentation verifying the terminal
illness, and an application for payment.
(4) The distribution under subsections (1), (2), or (3) of this
section shall be less any amount identified as owing to an obligee upon
withdrawal pursuant to a court order filed under RCW 41.50.670.
Sec. 34 RCW 41.34.130 and 2001 c 181 s 3 are each amended to read
as follows:
(1) The state investment board has the full authority to invest all
self-directed investment moneys in accordance with RCW 43.84.150 and
43.33A.140, and cumulative investment directions received pursuant to
RCW 41.34.060 and this section. In carrying out this authority the
state investment board, after consultation with the ((employee
retirement benefits board)) department regarding any recommendations
made pursuant to RCW 41.50.088(1)(b), shall provide a set of options
for members to choose from for self-directed investment.
(2) All investment and operating costs of the state investment
board associated with making self-directed investments shall be paid by
members and recovered under procedures agreed to by the ((board))
department and the state investment board pursuant to the principles
set forth in RCW 43.33A.160 and 43.84.160. All other expenses caused
by self-directed investment shall be paid by the member in accordance
with rules established by the ((board)) department under RCW 41.50.088.
With the exception of these expenses, all earnings from self-directed
investments shall accrue to the member's account.
(3)(a)(i) The department shall keep or cause to be kept full and
adequate accounts and records of each individual member's account. The
department shall account for and report on the investment of defined
contribution assets or may enter into an agreement with the state
investment board for such accounting and reporting under this chapter.
(ii) The department's duties related to individual participant
accounts include conducting the activities of trade instruction,
settlement activities, and direction of cash movement and related wire
transfers with the custodian bank and outside investment firms.
(iii) The department has sole responsibility for contracting with
any recordkeepers for individual participant accounts and shall manage
the performance of recordkeepers under those contracts.
(b)(i) The department's duties under (a)(ii) of this subsection do
not limit the authority of the state investment board to conduct its
responsibilities for asset management and balancing of the deferred
compensation funds.
(ii) The state investment board has sole responsibility for
contracting with outside investment firms to provide investment
management for the deferred compensation funds and shall manage the
performance of investment managers under those contracts.
(c) The state treasurer shall designate and define the terms of
engagement for the custodial banks.
Sec. 35 RCW 41.34.140 and 1999 c 265 s 2 are each amended to read
as follows:
(1) A state board or commission, agency, or any officer, employee,
or member thereof is not liable for any loss or deficiency resulting
from member defined contribution investments selected or required
pursuant to RCW 41.34.060 (1) or (3).
(2) Neither the ((board)) department, nor director or any employee,
nor the state investment board, nor any officer, employee, or member
thereof is liable for any loss or deficiency resulting from reasonable
efforts to implement investment directions pursuant to RCW 41.34.060
(1) or (3).
(3) The state investment board, or any officer, employee, or member
thereof is not liable with respect to any declared monthly unit
valuations or crediting of rates of return, or any other exercise of
powers or duties, including discretion, under RCW 41.34.060(2).
(4) The department, or any officer or employee thereof, is not
liable for crediting rates of return which are consistent with the
state investment board's declaration of monthly unit valuations
pursuant to RCW 41.34.060(2).
Sec. 36 RCW 43.33A.135 and 1998
c 116 s 13 are each amended to
read as follows:
The state investment board has the full power to establish
investment policy, develop participant investment options, and manage
investment funds for the state deferred compensation plan, consistent
with the provisions of RCW 41.50.770 and 41.50.780. The board may
continue to offer the investment options provided as of June 11, 1998,
until the board establishes a deferred compensation plan investment
policy and adopts new investment options after considering the
recommendations of the ((employee retirement benefits board))
department of retirement systems.
NEW SECTION. Sec. 37 The following acts or parts of acts are
each repealed:
(1) RCW 43.21L.005 (Purpose) and 2003 c 393 s 1;
(2) RCW 43.21L.010 (Definitions) and 2003 c 393 s 2;
(3) RCW 43.21L.020 (Exclusive review process -- Exception -- Procedural
rules) and 2003 c 393 s 3;
(4) RCW 43.21L.030 (Designation as qualifying project -- Request for
determination -- Duties of office of permit assistance) and 2003 c 393 s
4;
(5) RCW 43.21L.040 (Environmental and land use hearings board) and
2003 c 393 s 5;
(6) RCW 43.21L.050 (Review proceedings -- Commencement -- Rules for
filing and service) and 2003 c 393 s 6;
(7) RCW 43.21L.060 (Standing) and 2003 c 393 s 7;
(8) RCW 43.21L.070 (Petition requirements) and 2003 c 393 s 8;
(9) RCW 43.21L.080 (Affidavit certifying applications for permits -- Initial hearing on jurisdictional and preliminary matters) and 2003 c
393 s 9;
(10) RCW 43.21L.090 (Expedited review of petitions) and 2003 c 393
s 10;
(11) RCW 43.21L.100 (Stay or suspension of board action) and 2003
c 393 s 11;
(12) RCW 43.21L.110 (Decision record -- Certified copy to board -- Costs) and 2003 c 393 s 12;
(13) RCW 43.21L.120 (Board review of permit decisions -- Correction
of errors and omissions -- Pretrial discovery -- Requests for records under
chapter 42.56 RCW) and 2005 c 274 s 295 & 2003 c 393 s 13;
(14) RCW 43.21L.130 (Standards for granting relief -- Action by
board) and 2003 c 393 s 14;
(15) RCW 43.21L.140 (Judicial review) and 2003 c 393 s 15;
(16) RCW 43.21L.900 (Implementation -- 2003 c 393) and 2003 c 393 s
24; and
(17) RCW 43.21L.901 (Effective date -- 2003 c 393) and 2003 c 393 s
25.
Sec. 38 RCW 36.70C.030 and 2003 c 393 s 17 are each amended to
read as follows:
(1) This chapter replaces the writ of certiorari for appeal of land
use decisions and shall be the exclusive means of judicial review of
land use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of a local
jurisdiction;
(ii) Land use decisions of a local jurisdiction that are subject to
review by a quasi-judicial body created by state law, such as the
shorelines hearings board((, the environmental and land use hearings
board,)) or the growth management hearings board;
(b) Judicial review of applications for a writ of mandamus or
prohibition; or
(c) Claims provided by any law for monetary damages or
compensation. If one or more claims for damages or compensation are
set forth in the same complaint with a land use petition brought under
this chapter, the claims are not subject to the procedures and
standards, including deadlines, provided in this chapter for review of
the petition. The judge who hears the land use petition may, if
appropriate, preside at a trial for damages or compensation.
(2) The superior court civil rules govern procedural matters under
this chapter to the extent that the rules are consistent with this
chapter.
Sec. 39 RCW 43.21B.005 and 2003 c 393 s 18 and 2003 c 39
s 22
are each reenacted and amended to read as follows:
(1) There is created an environmental hearings office of the state
of Washington. The environmental hearings office shall consist of the
pollution control hearings board created in RCW 43.21B.010, the forest
practices appeals board created in RCW 76.09.210, the shorelines
hearings board created in RCW 90.58.170, ((the environmental and land
use hearings board created in chapter 43.21L RCW,)) and the hydraulic
appeals board created in RCW ((77.55.170)) 77.55.301. The chair of the
pollution control hearings board shall be the chief executive officer
of the environmental hearings office. Membership, powers, functions,
and duties of the pollution control hearings board, the forest
practices appeals board, the shorelines hearings board, and the
hydraulic appeals board shall be as provided by law.
(2) The chief executive officer of the environmental hearings
office may appoint an administrative appeals judge who shall possess
the powers and duties conferred by the administrative procedure act,
chapter 34.05 RCW, in cases before the boards comprising the office.
The administrative appeals judge shall have a demonstrated knowledge of
environmental law, and shall be admitted to the practice of law in the
state of Washington. Additional administrative appeals judges may also
be appointed by the chief executive officer on the same terms.
Administrative appeals judges shall not be subject to chapter 41.06
RCW.
(3) The administrative appeals judges appointed under subsection
(2) of this section are subject to discipline and termination, for
cause, by the chief executive officer. Upon written request by the
person so disciplined or terminated, the chief executive officer shall
state the reasons for such action in writing. The person affected has
a right of review by the superior court of Thurston county on petition
for reinstatement or other remedy filed within thirty days of receipt
of such written reasons.
(4) The chief executive officer may appoint, discharge, and fix the
compensation of such administrative or clerical staff as may be
necessary.
(5) The chief executive officer may also contract for required
services.
NEW SECTION. Sec. 40 The following acts or parts of acts are
each repealed:
(1) RCW 70.112.030 (Family practice education advisory board -- Chairman -- Membership) and 1975 1st ex.s. c 108 s 3;
(2) RCW 70.112.040 (Advisory board -- Terms of members -- Filling
vacancies) and 1975 1st ex.s. c 108 s 4; and
(3) RCW 70.112.050 (Advisory board -- Duties) and 1998 c 245 s 111 &
1975 1st ex.s. c 108 s 5.
Sec. 41 RCW 70.112.010 and 1975 1st ex.s. c 108 s 1 are each
amended to read as follows:
(1) "School of medicine" means the University of Washington school
of medicine located in Seattle, Washington;
(2) "Residency programs" mean community based family practice
residency educational programs either in existence or established under
this chapter;
(3) "Affiliated" means established or developed in cooperation with
the school of medicine;
(4) "Family practice unit" means the community facility or
classroom used for training of ambulatory health skills within a
residency training program; and
(((5) "Advisory board" means the family practice education advisory
board created by this chapter.))
Sec. 42 RCW 70.112.020 and 1975 1st ex.s. c 108 s 2 are each
amended to read as follows:
There is established a statewide medical education system for the
purpose of training resident physicians in family practice. The dean
of the school of medicine shall be responsible for implementing the
development and expansion of residency programs in cooperation with the
medical profession, hospitals, and clinics located throughout the
state. The chairman of the department of family medicine in the school
of medicine((, with the consent of the advisory board,)) shall
determine where affiliated residency programs shall exist; giving
consideration to communities in the state where the population,
hospital facilities, number of physicians, and interest in medical
education indicate the potential success of the residency program. The
medical education system shall provide financial support for residents
in training for those programs which are affiliated with the school of
medicine and shall establish positions for appropriate faculty to staff
these programs. The number of programs shall be determined by the
board and be in keeping with the needs of the state.
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 43.43.930 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. 45 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. 46 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, and all of the duties of 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. 47 RCW 43.43.962 and 2003 c 405 s 3 are each amended to read
as follows:
The ((state fire protection policy board)) director of fire
protection shall review and make recommendations to the chief on the
refinement and maintenance of 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.
Sec. 48 RCW 43.43.963 and 1997 c 49 s 11 are each amended to read
as follows:
Regions within the state are initially established as follows but
may be adjusted as necessary by the state fire marshal:
(1) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and
Island counties;
(2) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille,
Spokane, and Lincoln counties;
(3) Olympic region - Clallam and Jefferson counties;
(4) South Puget Sound region - Kitsap, Mason, King, and Pierce
counties;
(5) Southeast region - Chelan, Douglas, Kittitas, Grant, Adams,
Whitman, Yakima, Klickitat, Benton, Franklin, Walla Walla, Columbia,
Garfield, and Asotin counties;
(6) Central region - Grays Harbor, Thurston, Pacific, and Lewis
counties; and
(7) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania
counties.
Within each of these regions there is created a regional fire
defense board. The regional fire defense boards shall consist of two
members from each county in the region. One member from each county
shall be appointed by the county fire chiefs' association or, in the
event there is no such county association, by the county's legislative
authority. Each county's office of emergency management or, in the
event there is no such office, the county's legislative authority shall
select the second representative to the regional board. The department
of natural resources fire control chief shall appoint a representative
from each department of natural resources region to serve as a member
of the appropriate regional fire defense board. Members of each
regional board will select a chairperson and secretary as officers.
Members serving on the regional boards do so in a voluntary capacity
and are not eligible for reimbursement for meeting-related expenses
from the state.
Regional defense boards shall develop regional fire service plans
that include provisions for organized fire agencies to respond across
municipal, county, or regional boundaries. Each regional plan shall be
consistent with the incident command system, the Washington state fire
services mobilization plan, and regional response plans already adopted
and in use in the state. The regional boards shall work with the
relevant local government entities to facilitate development of
intergovernmental agreements if any such agreements are required to
implement a regional fire service plan. Each regional plan shall be
approved by the ((fire protection policy board before implementation))
director of fire protection.
Sec. 49 RCW 43.44.030 and 1991 c 170 s 2 are each amended to read
as follows:
((Nonconstruction standards relative to fire prevention and safety
for all schools under the jurisdiction of the superintendent of public
instruction and state board of education shall be established by the
state fire protection board.)) The director of fire protection shall
make or cause to be made plan reviews and construction inspections for
all E-1 occupancies as may be necessary to insure compliance with the
state building code and standards for schools adopted under chapter
19.27 RCW. Nothing in this section prohibits the director of fire
protection from delegating construction inspection authority to any
local jurisdiction.
Sec. 50 RCW 43.44.060 and 1999 c 231 s 1
are each amended to read
as follows:
(1) The chief of each organized fire department, or the sheriff or
other designated county official having jurisdiction over areas not
within the jurisdiction of any fire department, shall report
statistical information and data to the chief of the Washington state
patrol, through the director of fire protection, on each fire occurring
within the official's jurisdiction and, within two business days,
report any death resulting from fire. Reports shall be consistent with
the national fire incident reporting system developed by the United
States fire administration and rules established by the chief of the
Washington state patrol, through the director of fire protection. The
chief of the Washington state patrol, through the director of fire
protection, and the department of natural resources shall jointly
determine the statistical information to be reported on fires on land
under the jurisdiction of the department of natural resources.
(2) The chief of the Washington state patrol, through the director
of fire protection, shall analyze the information and data reported,
compile a report, and distribute a copy annually by July 1st to each
chief fire official in the state. Upon request, the chief of the
Washington state patrol, through the director of fire protection, shall
also furnish a copy of the report to any other interested person at
cost.
(((3) In carrying out the duties relating to collecting, analyzing,
and reporting statistical fire data, the fire protection policy board
may purchase statistical fire data from a qualified individual or
organization. The information shall meet the diverse needs of state
and local fire reporting agencies and shall be (a) defined in
understandable terms of common usage in the fire community; (b)
adaptable to the varying levels of resources available; (c) maintained
in a manner that will foster both technical support and resource
sharing; and (d) designed to meet both short and long-term needs.))
Sec. 51 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. 52 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. 53 The following acts or parts of acts are
each repealed:
(1) RCW 70.105E.070 (Disclosure of costs and clean-up budgets) and
2005 c 1 s 7; and
(2) RCW 70.105E.090 (Advisory board -- Public involvement -- Funding)
and 2005 c 1 s 9.
NEW SECTION. Sec. 54 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. 55 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. 56 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))
The state risk manager may 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.
NEW SECTION. Sec. 57 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. 58 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. 59 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. 60 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.
Sec. 61 RCW 2.56.031 and 1993 c 415 s 2 are each amended to read
as follows:
The administrator for the courts shall develop a plan to improve
the collection and reporting of information on juvenile offenders by
all juvenile courts in the state. The information related to juvenile
offenders shall include, but is not limited to, social, demographic,
education, and economic data on juvenile offenders and where possible,
their families. Development and implementation of the plan shall be
accomplished in consultation with the human rights commission, ((the
governor's juvenile justice advisory committee,)) superior court
judges, juvenile justice administrators, and interested juvenile
justice practitioners and researchers. The plan shall include a
schedule and budget for implementation and shall be provided to the
office of financial management by September 15, 1993.
Sec. 62 RCW 13.40.510 and 1997 c 338 s 61 are each amended to
read as follows:
(1) In order to receive funds under RCW 13.40.500 through
13.40.540, local governments may, through their respective agencies
that administer funding for consolidated juvenile services, submit
proposals that establish community juvenile accountability programs
within their communities. These proposals must be submitted to the
juvenile rehabilitation administration of the department of social and
health services for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with the input of
((the community public health and safety networks established under RCW
70.190.060, and)) the local law and justice councils established under
RCW 72.09.300;
(b) Describe how local community groups or members are involved in
the implementation of the programs funded under RCW 13.40.500 through
13.40.540;
(c) Include a description of how the grant funds will contribute to
the expected outcomes of the program and the reduction of youth
violence and juvenile crime in their community. Data approaches are
not required to be replicated if the networks have information that
addresses risks in the community for juvenile offenders.
(3) A local government receiving a grant under this section shall
agree that any funds received must be used efficiently to encourage the
use of community-based programs that reduce the reliance on secure
confinement as the sole means of holding juvenile offenders accountable
for their crimes. The local government shall also agree to account for
the expenditure of all funds received under the grant and to submit to
audits for compliance with the grant criteria developed under RCW
13.40.520.
(4) The juvenile rehabilitation administration, in consultation
with the Washington association of juvenile court administrators((,))
and the state law and justice advisory council, ((and the family policy
council,)) shall establish guidelines for programs that may be funded
under RCW 13.40.500 through 13.40.540. The guidelines must:
(a) Target diverted and adjudicated juvenile offenders;
(b) Include assessment methods to determine services, programs, and
intervention strategies most likely to change behaviors and norms of
juvenile offenders;
(c) Provide maximum structured supervision in the community.
Programs should use natural surveillance and community guardians such
as employers, relatives, teachers, clergy, and community mentors to the
greatest extent possible;
(d) Promote good work ethic values and educational skills and
competencies necessary for the juvenile offender to function
effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services aimed at
reducing risk factors associated with the commission of juvenile
offenses;
(f) Maximize the reintegration of the juvenile offender into the
community upon release from confinement;
(g) Maximize the juvenile offender's opportunities to make full
restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in imposing
community-based intervention strategies;
(i) Be compatible with research that shows which prevention and
early intervention strategies work with juvenile offenders;
(j) Be outcome-based in that it describes what outcomes will be
achieved or what outcomes have already been achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council((, with the
assistance of the family policy council and the governor's juvenile
justice advisory committee,)) may provide support and technical
assistance to local governments for training and education regarding
community-based prevention and intervention strategies.
NEW SECTION. Sec. 63 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. 64 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. 65 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. 66 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. 67 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. 68 RCW 43.360.040 (Washington main street
advisory committee) and 2005 c 514 s 911 are each repealed.
NEW SECTION. Sec. 69 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. 70 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. 71 The following acts or parts of acts are
each repealed:
(1) RCW 90.56.120 (Oil spill advisory council--Meetings--Travel
expenses and compensation) and 2006 c 372 s 907 & 2005 c 304 s 2; and
(2) RCW 90.56.130 (Council--Duties--Work plan--Reports) and 2005 c
304 s 3.
Sec. 72 RCW 90.56.005 and 2005 c 304 s 1 are each amended to read
as follows:
(1) The legislature declares that water borne transportation as a
source of supply for oil and hazardous substances poses special concern
for the state of Washington. Each year billions of gallons of crude
oil and refined petroleum products are transported as cargo and fuel by
vessels on the navigable waters of the state. These shipments are
expected to increase in the coming years. Vessels transporting oil
into Washington travel on some of the most unique and special marine
environments in the United States. These marine environments are a
source of natural beauty, recreation, and economic livelihood for many
residents of this state. As a result, the state has an obligation to
ensure the citizens of the state that the waters of the state will be
protected from oil spills.
(2) The legislature finds that prevention is the best method to
protect the unique and special marine environments in this state. The
technology for containing and cleaning up a spill of oil or hazardous
substances is at best only partially effective. Preventing spills is
more protective of the environment and more cost-effective when all the
response and damage costs associated with responding to a spill are
considered. Therefore, the legislature finds that the primary
objective of the state is to achieve a zero spills strategy to prevent
any oil or hazardous substances from entering waters of the state.
(3) The legislature also finds that:
(a) Recent accidents in Washington, Alaska, southern California,
Texas, Pennsylvania, and other parts of the nation have shown that the
transportation, transfer, and storage of oil have caused significant
damage to the marine environment;
(b) Even with the best efforts, it is nearly impossible to remove
all oil that is spilled into the water, and average removal rates are
only fourteen percent;
(c) Washington's navigable waters are treasured environmental and
economic resources that the state cannot afford to place at undue risk
from an oil spill;
(d) The state has a fundamental responsibility, as the trustee of
the state's natural resources and the protector of public health and
the environment to prevent the spill of oil; and
(e) In section 5002 of the federal oil pollution act of 1990, the
United States congress found that many people believed that complacency
on the part of industry and government was one of the contributing
factors to the Exxon Valdez spill and, further, that one method to
combat this complacency is to involve local citizens in the monitoring
and oversight of oil spill plans. Congress also found that a mechanism
should be established that fosters the long-term partnership of
industry, government, and local communities in overseeing compliance
with environmental concerns in the operation of crude oil terminals.
Moreover, congress concluded that, in addition to Alaska, a program of
citizen monitoring and oversight should be established in other major
crude oil terminals in the United States because recent oil spills
indicate that the safe transportation of oil is a national problem.
(4) In order to establish a comprehensive prevention and response
program to protect Washington's waters and natural resources from
spills of oil, it is the purpose of this chapter:
(a) To establish state agency expertise in marine safety and to
centralize state activities in spill prevention and response
activities;
(b) To prevent spills of oil and to promote programs that reduce
the risk of both catastrophic and small chronic spills;
(c) To ensure that responsible parties are liable, and have the
resources and ability, to respond to spills and provide compensation
for all costs and damages;
(d) To provide for state spill response and wildlife rescue
planning and implementation;
(e) To support and complement the federal oil pollution act of 1990
and other federal law, especially those provisions relating to the
national contingency plan for cleanup of oil spills and discharges,
including provisions relating to the responsibilities of state agencies
designated as natural resource trustees. The legislature intends this
chapter to be interpreted and implemented in a manner consistent with
federal law;
(f) To provide broad powers of regulation to the department of
ecology relating to spill prevention and response;
(g) To provide for ((an)) independent ((oil spill advisory council
to)) review on an ongoing basis the adequacy of oil spill prevention,
preparedness, and response activities in this state; and
(h) To provide an adequate funding source for state response and
prevention programs.
Sec. 73 RCW 90.56.060 and 2005 c 304 s 4 are each amended to read
as follows:
(1) The department shall prepare and annually update a statewide
master oil and hazardous substance spill prevention and contingency
plan. In preparing the plan, the department shall consult with an
advisory committee representing diverse interests concerned with oil
and hazardous substance spills, including the United States coast
guard, the federal environmental protection agency, state agencies,
local governments, port districts, private facilities, environmental
organizations, oil companies, shipping companies, containment and
cleanup contractors, tow companies, and hazardous substance
manufacturers((, and with the oil spill advisory council)).
(2) The state master plan prepared under this section shall at a
minimum:
(a) Take into consideration the elements of oil spill prevention
and contingency plans approved or submitted for approval pursuant to
this chapter and chapter 88.46 RCW and oil and hazardous substance
spill contingency plans prepared pursuant to other state or federal law
or prepared by federal agencies and regional entities;
(b) State the respective responsibilities as established by
relevant statutes and rules of each of the following in the prevention
of and the assessment, containment, and cleanup of a worst case spill
of oil or hazardous substances into the environment of the state: (i)
State agencies; (ii) local governments; (iii) appropriate federal
agencies; (iv) facility operators; (v) property owners whose land or
other property may be affected by the oil or hazardous substance spill;
and (vi) other parties identified by the department as having an
interest in or the resources to assist in the containment and cleanup
of an oil or hazardous substance spill;
(c) State the respective responsibilities of the parties identified
in (b) of this subsection in an emergency response;
(d) Identify actions necessary to reduce the likelihood of spills
of oil and hazardous substances;
(e) Identify and obtain mapping of environmentally sensitive areas
at particular risk to oil and hazardous substance spills;
(f) Establish an incident command system for responding to oil and
hazardous substances spills; and
(g) Establish a process for immediately notifying affected tribes
of any oil spill.
(3) In preparing and updating the state master plan, the department
shall:
(a) Consult with federal, provincial, municipal, and community
officials, other state agencies, the state of Oregon, and with
representatives of affected regional organizations;
(b) Submit the draft plan to the public for review and comment;
(c) Submit to the appropriate standing committees of the
legislature for review, not later than November 1st of each year, the
plan and any annual revision of the plan; and
(d) Require or schedule unannounced oil spill drills as required by
RCW 90.56.260 to test the sufficiency of oil spill contingency plans
approved under RCW 90.56.210.
(4) The department shall evaluate the functions of advisory
committees created by the department regarding oil spill prevention,
preparedness, and response programs, and shall revise or eliminate
those functions which are no longer necessary.
Sec. 74 RCW 43.30.820 and 1991 c 316 s 3 are each amended to read
as follows:
The Olympic natural resources center shall operate under the
authority of the board of regents of the University of Washington. It
shall be administered by a director appointed jointly by the deans of
the college of forest resources and the college of ocean and fishery
sciences. The director shall be a member of the faculty of one of
those colleges. The director shall appoint and maintain a scientific
or technical committee, and other committees as necessary, to advise
the director on the efficiency, effectiveness, and quality of the
center's activities.
((A policy advisory board consisting of eleven members shall be
appointed by the governor to advise the deans and the director on
policies for the center that are consistent with the purposes of the
center. Membership on the policy advisory board shall broadly
represent the various interests concerned with the purposes of the
center, including state and federal government, environmental
organizations, local community, timber industry, and Indian tribes.))
Service on boards and committees of the center shall be without
compensation but actual travel expenses incurred in connection with
service to the center may be reimbursed from appropriated funds in
accordance with RCW 43.03.050 and 43.03.060.
NEW
SECTION. Sec. 75 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. 76 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. 77 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. 78 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. 79 RCW 70.118.100 (Alternative systems -- Technical review committee) and 1997 c 447 s 3 are each repealed.
Sec. 80 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. 81 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. 82 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. 83 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. 84 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.
NEW SECTION. Sec. 85 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. 86 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. 87 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. 88 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. 89 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. 90 RCW 46.16.705 (Special license plate
review board -- Created) and 2005 c 319 s 117 & 2003 c 196 s 101 are each
repealed.
Sec. 91 RCW 46.16.233 and 2003 c 361 s 501 and 2003 c 196 s 401
are each reenacted and amended to read as follows:
(1) Except for those license plates issued under RCW 46.16.305(1)
before January 1, 1987, under RCW 46.16.305(3), and to commercial
vehicles with a gross weight in excess of twenty-six thousand pounds,
effective with vehicle registrations due or to become due on January 1,
2001, the appearance of the background of all vehicle license plates
may vary in color and design but must be legible and clearly
identifiable as a Washington state license plate, as designated by the
department. Additionally, to ensure maximum legibility and
reflectivity, the department shall periodically provide for the
replacement of license plates, except for commercial vehicles with a
gross weight in excess of twenty-six thousand pounds. Frequency of
replacement shall be established in accordance with empirical studies
documenting the longevity of the reflective materials used to make
license plates.
(2) Special license plate series approved by the special license
plate review board created under RCW 46.16.705 and enacted by the
legislature prior to June 30, 2010, may display a symbol or artwork
approved by the special license plate review board. Beginning July 1,
2010, special license plate series approved by the department and
enacted into law by the legislature may display a symbol or artwork
approved by the department.
(3) By November 1, 2003, in providing for the periodic replacement
of license plates, the department shall offer to vehicle owners the
option of retaining their current license plate numbers. The
department shall charge a retention fee of twenty dollars if this
option is exercised. Revenue generated from the retention fee must be
deposited into the multimodal transportation account.
Sec. 92 RCW 46.16.316 and 2005 c 210 s 2 are each amended to read
as follows:
Except as provided in RCW 46.16.305:
(1) When a person who has been issued a special license plate or
plates: (a) Under RCW 46.16.30901, 46.16.30903, 46.16.30905, or
46.16.301 as it existed before amendment by section 5, chapter 291,
Laws of 1997, or under RCW 46.16.305(2) or 46.16.324; (b) approved by
the former special license plate review board ((under RCW 46.16.715
through 46.16.775)); or (c) under RCW 46.16.601 sells, trades, or
otherwise transfers or releases ownership of the vehicle upon which the
special license plate or plates have been displayed, he or she shall
immediately report the transfer of such plate or plates to an acquired
vehicle or vehicle eligible for such plates pursuant to departmental
rule, or he or she shall surrender such plates to the department
immediately if such surrender is required by departmental rule. If a
person applies for a transfer of the plate or plates to another
eligible
vehicle, a transfer fee of ten dollars shall be charged in
addition to all other applicable fees. Such transfer fees shall be
deposited in the motor vehicle fund. Failure to surrender the plates
when required is a traffic infraction.
(2) If the special license plate or plates issued by the department
become lost, defaced, damaged, or destroyed, application for a
replacement special license plate or plates shall be made and fees paid
as provided by law for the replacement of regular license plates.
Sec. 93 RCW 46.16.715 and 2005 c 319 s 118 are each amended to
read as follows:
(((1) The board shall meet periodically at the call of the chair,
but must meet at least one time each year within ninety days before an
upcoming regular session of the legislature. The board may adopt its
own rules and may establish its own procedures. It shall act
collectively in harmony with recorded resolutions or motions adopted by
a majority vote of the members, and it must have a quorum present to
take a vote on a special license plate application.)) The department of licensing shall ((
(2) The board will be compensated from the general appropriation
for the department of licensing in accordance with RCW 43.03.250. Each
board member will be compensated in accordance with RCW 43.03.250 and
reimbursed for actual necessary traveling and other expenses in going
to, attending, and returning from meetings of the board or that are
incurred in the discharge of duties requested by the chair. However,
in no event may a board member be compensated in any year for more than
one hundred twenty days, except the chair may be compensated for not
more than one hundred fifty days. Service on the board does not
qualify as a service credit for the purposes of a public retirement
system.
(3) The board shall keep proper records and is subject to audit by
the state auditor or other auditing entities.
(4)provide administrative
support to the board, which must include at least the following)):
(((a) Provide general staffing to meet the administrative needs of
the board;)) (1) Process special license plate applications and confirm
that the sponsoring organization has submitted all required
documentation. If an incomplete application is received, the
department must return it to the sponsoring organization; and
(b) Report to the board on the reimbursement status of any new
special license plate series for which the state had to pay the start-up costs;
(c)
(((d))) (2) Compile the annual financial reports submitted by
sponsoring organizations with active special license plate series ((and
present those reports to the board for review and approval)).
Sec. 94 RCW 46.16.725 and 2009 c 470 s 710 are each amended to
read as follows:
(1) ((The creation of the board does not in any way preclude the
authority of the legislature to independently propose and enact special
license plate legislation.)) The ((
(2)board)) department must review and either approve or
reject special license plate applications submitted by sponsoring
organizations.
(((3))) (2) Duties of the ((board)) department include but are not
limited to the following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the senate and house
transportation committees;
(b) Report annually to the senate and house transportation
committees on the special license plate applications that were
considered by the ((board)) department;
(c) Issue approval and rejection notification letters to sponsoring
organizations, ((the department,)) the chairs of the senate and house
of representatives transportation committees, and the legislative
sponsors identified in each application. The letters must be issued
within seven days of making a determination on the status of an
application;
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The ((board))
department may submit a recommendation to discontinue a special plate
series to the chairs of the senate and house of representatives
transportation committees((;)).
(e) Provide policy guidance and directions to the department
concerning the adoption of rules necessary to limit the number of
special license plates that an organization or a governmental entity
may apply for
(((4))) (3) Except as provided in chapter 72, Laws of 2008, in
order to assess the effects and impact of the proliferation of special
license plates, the legislature declares a temporary moratorium on the
issuance of any additional plates until July 1, 2011. During this
period of time, ((the special license plate review board created in RCW
46.16.705 and)) the department of licensing ((are)) is prohibited from
accepting, reviewing, processing, or approving any applications.
Additionally, no special license plate may be enacted by the
legislature during the moratorium, unless the proposed license plate
has been approved by the board before February 15, 2005.
Sec. 95 RCW 46.16.745 and 2005 c 210 s 8 are each amended to read
as follows:
(1) A sponsoring organization meeting the requirements of RCW
46.16.735, applying for the creation of a special license plate ((to
the special license plate review board)) must, on an application
supplied by the department, provide the minimum application
requirements in subsection (2) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated with the
creation and implementation of the special license plate in an amount
determined by the department. The department shall place this money
into the special license plate applicant trust account created under
RCW 46.16.755(((4))) (3);
(b) Provide a proposed license plate design;
(c) Provide a marketing strategy outlining short and long-term
marketing plans for each special license plate and a financial analysis
outlining the anticipated revenue and the planned expenditures of the
revenues derived from the sale of the special license plate;
(d) Provide a signature of a legislative sponsor and proposed
legislation creating the special license plate;
(e) Provide proof of organizational qualifications as determined by
the department as provided for in RCW 46.16.735;
(f) Provide signature sheets that include signatures from
individuals who intend to purchase the special license plate and the
number of plates each individual intends to purchase. The sheets must
reflect a minimum of three thousand five hundred intended purchases of
the special license plate.
(3) After an application is approved by the ((special license plate
review board)) department, the application need not be reviewed again
((by the board)) for a period of three years.
Sec. 96 RCW 46.16.755 and 2004 c 222 s 4 are each amended to read
as follows:
(1)(a) Revenues generated from the sale of special license plates
for those sponsoring organizations who used the application process in
RCW 46.16.745(((3))) must be deposited into the motor vehicle account
until the department determines that the state's implementation costs
have been fully reimbursed. The department shall apply the application
fee required under RCW 46.16.745(((3)(a))) towards those costs.
(b) When it is determined that the state has been fully reimbursed
the department must notify the house of representatives and senate
transportation committees, the sponsoring organization, and the
treasurer, and commence the distribution of the revenue as otherwise
provided by law.
(2) If reimbursement does not occur within two years from the date
the plate is first offered for sale to the public, the special license
plate series must be placed in probationary status for a period of one
year from that date. If the state is still not fully reimbursed for
its implementation costs after the one-year probation, the plate series
must be discontinued immediately. Special plates issued before
discontinuation are valid until replaced under RCW 46.16.233.
(3) The special license plate applicant trust account is created in
the custody of the state treasurer. All receipts from special license
plate applicants, except the application fee as provided in RCW
46.16.745(((3))), must be deposited into the account. Only the
director of the department or the director's designee may authorize
disbursements from the account. The account is not subject to the
allotment procedures under chapter 43.88 RCW, nor is an appropriation
required for disbursements.
(4) The department shall provide the special license plate
applicant with a written receipt for the payment.
(5) The department shall maintain a record of each special license
plate applicant trust account deposit, including, but not limited to,
the name and address of each special license plate applicant whose
funds are being deposited, the amount paid, and the date of the
deposit.
(6) After the department receives written notice that the special
license plate applicant's application has been:
(a) Approved by the legislature, the director shall request that
the money be transferred to the motor vehicle account;
(b) Denied by the ((special license plate review board)) department
or the legislature, the director shall provide a refund to the
applicant within thirty days; or
(c) Withdrawn by the special license plate applicant, the director
shall provide a refund to the applicant within thirty days.
Sec. 97 RCW 46.16.775 and 2003 c 196 s 304 are each amended to
read as follows:
(1) A special license plate series created by the legislature after
January 1, ((2004)) 2011, that has not been reviewed and approved by
the ((special license plate review board)) department is subject to the
following requirements:
(a) The organization sponsoring the license plate series shall,
within thirty days of enactment of the legislation creating the plate
series, submit prepayment of all start-up costs associated with the
creation and implementation of the special license plate in an amount
determined by the department. The prepayment will be credited to the
motor vehicle fund. The creation and implementation of the plate
series may not commence until payment is received by the department.
(b) If the sponsoring organization is not able to meet the
prepayment requirements in (a) of this subsection and can demonstrate
this fact to the satisfaction of the department, the revenues generated
from the sale of the special license plates must be deposited in the
motor vehicle account until the department determines that the state's
portion of the implementation costs have been fully reimbursed. When
it is determined that the state has been fully reimbursed the
department must notify the treasurer to commence distribution of the
revenue according to statutory provisions.
(c) The sponsoring organization must provide a proposed license
plate design to the department within thirty days of enactment of the
legislation creating the plate series.
(2) The state must be reimbursed for its portion of the
implementation costs within two years from the date the new plate
series goes on sale to the public. If the reimbursement does not occur
within the two-year time frame, the special license plate series must
be placed in probationary status for a period of one year from that
date. If the state is still not fully reimbursed for its
implementation costs after the one-year probation, the plate series
must be discontinued immediately. Those plates issued before
discontinuation are valid until replaced under RCW 46.16.233.
(3) If the sponsoring organization ceases to exist or the purpose
of the special plate series ceases to exist, revenues generated from
the sale of the special license plates must be deposited into the motor
vehicle account.
(4) A sponsoring organization may not seek to redesign their plate
series until all of the existing inventory is sold or purchased by the
organization itself. All cost for redesign of a plate series must be
paid by the sponsoring organization.
Sec. 98 RCW 46.16.30901 and 2004 c 35 s 1 are each amended to
read as follows:
The department shall issue a special license plate displaying a
symbol, approved by the special license plate review board before June
30, 2010, for professional firefighters and paramedics who are members
of the Washington State Council of Firefighters. Upon initial
application and subsequent renewals, applicants must show proof of
eligibility by providing a certificate of current membership from the
Washington State Council of Firefighters. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon the terms
and conditions established by the department.
Sec. 99 RCW 46.16.30903 and 2004 c 48 s 1 are each amended to
read as follows:
(((1) The legislature recognizes the Helping Kids Speak license
plate has been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with all provisions of RCW
46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol, as approved by the special license plate review board before
June 30, 2010, recognizing an organization that supports programs that
provide no-cost speech pathology programs to children. The special
license plate may be used in lieu of regular or personalized license
plates for vehicles required to display one or two vehicle license
plates, excluding vehicles registered under chapter 46.87 RCW, upon
terms and conditions established by the department. The special plates
will commemorate an organization that supports programs that provide
free diagnostic and therapeutic services to children who have a severe
delay in language or speech development.
(2)
Sec. 100 RCW 46.16.30905 and 2004 c 221 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the law enforcement memorial
license plate has been reviewed by the special license plate review
board as specified in chapter 196, Laws of 2003, and was found to fully
comply with all provisions of chapter 196, Laws of 2003.)) The department shall issue a special license plate displaying
a symbol, as approved by the special license plate review board before
June 30, 2010, honoring law enforcement officers in Washington killed
in the line of duty. The special license plate may be used in lieu of
regular or personalized license plates for vehicles required to display
one or two vehicle license plates, excluding vehicles registered under
chapter 46.87 RCW, upon the terms and conditions established by the
department.
(2)
Sec. 101 RCW 46.16.30907 and 2005 c 42 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Washington's Wildlife
license plate collection, to include three distinct designs including
bear, deer, and elk, has been reviewed by the special license plate
review board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate collection
displaying a symbol or artwork, as approved by the special license
plate review board and the legislature before June 30, 2010,
recognizing Washington's wildlife, that may be used in lieu of regular
or personalized license plates for vehicles required to display one or
two vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 102 RCW 46.16.30909 and 2005 c 44 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Washington state parks
and recreation commission license plate application has been reviewed
by the special license plate review board under RCW 46.16.725 and was
found to fully comply with all provisions of RCW 46.16.715 through
46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing Washington
state parks as premier destinations of uncommon quality that preserve
significant natural, cultural, historical, and recreational resources,
that may be used in lieu of regular or personalized license plates for
vehicles required to display one and two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 103 RCW 46.16.30911 and 2005 c 48 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Washington Lighthouses"
license plate has been reviewed by the special license plate review
board under RCW 46.16.725, and found to fully comply with RCW 46.16.715
through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing an
organization that supports selected Washington state lighthouses and
provides environmental education programs. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 104 RCW 46.16.30913 and 2005 c 53 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Keep Kids Safe" license
plate has been reviewed and approved by the special license plate
review board under RCW 46.16.725, and found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
artwork, as approved by the special license plate review board before
June 30, 2010, recognizing efforts to prevent child abuse and neglect.
The special license plate may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 105 RCW 46.16.30914 and 2005 c 71 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "we love our pets"
license plate has been reviewed by the special license plate review
board under RCW 46.16.725, and found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board before June 30, 2010, recognizing an organization that assists
local member agencies of the federation of animal welfare and control
agencies to promote and perform spay/neuter surgery on Washington state
pets, in order to reduce pet overpopulation. The special license plate
may be used in lieu of regular or personalized license plates for
vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW, upon terms and
conditions established by the department.
(2)
Sec. 106 RCW 46.16.30916 and 2005 c 85 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Gonzaga University alumni
association license plate has been reviewed by the special license
plate review board under RCW 46.16.725, and found to fully comply with
all provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board before June 30, 2010, recognizing the Gonzaga University alumni
association. The special license plate may be used in lieu of regular
or personalized license plates for vehicles required to display one or
two vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 107 RCW 46.16.30918 and 2005 c 177 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Washington's National
Park Fund" license plate has been reviewed by the special license plate
review board under RCW 46.16.725, and found to fully comply with RCW
46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing
Washington's National Park Fund, that may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 108 RCW 46.16.30920 and 2008 c 183 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the armed forces license
plate collection has been reviewed and approved by the special license
plate review board.)) The department shall issue a special license plate
collection, as approved by the special license plate review board and
the legislature before June 30, 2010, recognizing the contribution of
veterans, active duty military personnel, reservists, and members of
the national guard. The collection includes six separate designs, each
containing a symbol representing a different branch of the armed forces
to include army, navy, air force, marine corps, coast guard, and
national guard.
(2)
(((3))) (2) Armed forces special license plates may be used in lieu
of regular or personalized license plates for vehicles required to
display one and two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions
established by the department.
(((4))) (3) Upon request, the department must make available to the
purchaser, at no additional cost, a decal indicating the purchaser's
military status. The department must work with the department of
veterans affairs to establish a list of the decals to be made
available. The list of available decals must include, but is not
limited to, "veteran," "disabled veteran," "reservist," "retiree," or
"active duty." The department may specify where the decal may be
placed on the license plate. Decals are required to be made available
only for standard six-inch by twelve-inch license plates.
(((5))) (4) Armed forces license plates and decals are available
only to veterans as defined in RCW 41.04.007, active duty military
personnel, reservists, members of the national guard, and the families
of veterans and service members. Upon initial application, any
purchaser requesting an armed forces license plate and decal will be
required to show proof of eligibility by providing: A DD-214 or
discharge papers if a veteran; a military identification or retired
military identification card; or a declaration of fact attesting to the
purchaser's eligibility as required under this section. "Family" or
"families" means an individual's spouse, child, parent, sibling, aunt,
uncle, or cousin. A child includes stepchild, adopted child, foster
child, grandchild, and son or daughter-in-law. A parent includes
stepparent, grandparent, and in-laws. A sibling includes brother, half
brother, stepbrother, sister, half sister, stepsister, and brother or
sister-in-law.
(((6))) (5) The department of veterans affairs must enter into an
agreement with the department to reimburse the department for the costs
associated with providing military status decals described in
subsection (((4))) (3) of this section.
(((7))) (6) Armed forces license plates are not available free of
charge to disabled veterans, former prisoners of war, or spouses of
deceased former prisoners of war under the privileges defined in RCW
73.04.110 and 73.04.115.
Sec. 109 RCW 46.16.30922 and 2005 c
220 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Ski & Ride Washington"
license plate has been reviewed and approved by the special license
plate review board under RCW 46.16.725, and found to fully comply with
RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing the
Washington snowsports industry, that may be used in lieu of regular or
personalized license plates for vehicles required to display vehicle
license plates, excluding vehicles registered under chapter 46.87 RCW,
upon terms and conditions established by the department.
(2)
Sec. 110 RCW 46.16.30924 and 2005 c 224 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Wild On Washington
license plate has been reviewed by the special license plate review
board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, referred to as "Wild On
Washington license plates," that may be used in lieu of regular or
personalized license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under chapter
46.87 RCW, upon terms and conditions established by the department.
(2)
Sec. 111 RCW 46.16.30926 and 2005 c 225 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the Endangered Wildlife
license plate has been reviewed by the special license plate review
board under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, referred to as
"Endangered Wildlife license plates," that may be used in lieu of
regular or personalized license plates for vehicles required to display
one or two vehicle license plates, excluding vehicles registered under
chapter 46.87 RCW, upon terms and conditions established by the
department.
(2)
Sec. 112 RCW 46.16.30928 and 2005 c 426 s 1 are each amended to
read as follows:
(((1) The legislature recognizes that the "Share the Road" license
plate has been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with RCW 46.16.715 through
46.16.775.)) The department shall issue a special license plate displaying
a symbol or artwork, as approved by the special license plate review
board and the legislature before June 30, 2010, recognizing an
organization that promotes bicycle safety and awareness education. The
special license plate may be used in lieu of regular or personalized
license plates for vehicles required to display one or two vehicle
license plates, excluding vehicles registered under chapter 46.87 RCW,
upon terms and conditions established by the department. The special
plates will commemorate the life of Cooper Jones.
(2)
Sec. 113 RCW 43.370.020 and 2009 c 343 s 1 are each amended to
read as follows:
(1) The office shall serve as a coordinating body for public and
private efforts to improve quality in health care, promote cost-effectiveness in health care, and plan health facility and health
service availability. In addition, the office shall facilitate access
to health care data collected by public and private organizations as
needed to conduct its planning responsibilities.
(2) The office shall:
(a) Conduct strategic health planning activities related to the
preparation of the strategy, as specified in this chapter;
(b) Develop a computerized system for accessing, analyzing, and
disseminating data relevant to strategic health planning
responsibilities. The office may contract with an organization to
create the computerized system capable of meeting the needs of the
office;
(c) Have access to the information submitted as part of the health
professional licensing application and renewal process, excluding
social security number and background check information, whether the
license is issued by the secretary of the department of health or a
board or commission. The office shall also have access to information
submitted to the department of health as part of the medical or health
facility licensing process. Access to and use of all data shall be in
accordance with state and federal confidentiality laws and ethical
guidelines, and the office shall maintain the same degree of
confidentiality as the department of health. For professional
licensing information provided to the office, the department of health
shall replace any social security number with an alternative identifier
capable of linking all licensing records of an individual; and
(d) Conduct research and analysis or arrange for research and
analysis projects to be conducted by public or private organizations to
further the purposes of the strategy.
(((3) The office shall establish a technical advisory committee to
assist in the development of the strategy. Members of the committee
shall include health economists, health planners, representatives of
government and nongovernment health care purchasers, representatives of
state agencies that use or regulate entities with an interest in health
planning, representatives of acute care facilities, representatives of
long-term care facilities, representatives of community-based long-term
care providers, representatives of health care providers, a
representative of one or more federally recognized Indian tribes, and
representatives of health care consumers. The committee shall include
members with experience in the provision of health services to rural
communities.))
Sec. 114 RCW 43.370.030 and 2007 c 259 s 52 are each amended to
read as follows:
(1) The office((, in consultation with the technical advisory
committee established under RCW 43.370.020,)) shall develop a statewide
health resources strategy. The strategy shall establish statewide
health planning policies and goals related to the availability of
health care facilities and services, quality of care, and cost of care.
The strategy shall identify needs according to geographic regions
suitable for comprehensive health planning as designated by the office.
(2) The development of the strategy shall consider the following
general goals and principles:
(a) That excess capacity of health services and facilities place
considerable economic burden on the public who pay for the construction
and operation of these facilities as patients, health insurance
purchasers, carriers, and taxpayers; and
(b) That the development and ongoing maintenance of current and
accurate health care information and statistics related to cost and
quality of health care, as well as projections of need for health
facilities and services, are essential to effective strategic health
planning.
(3) The strategy, with public input by health service areas, shall
include:
(a) A health system assessment and objectives component that:
(i) Describes state and regional population demographics, health
status indicators, and trends in health status and health care needs;
and
(ii) Identifies key policy objectives for the state health system
related to access to care, health outcomes, quality, and cost-effectiveness;
(b) A health care facilities and services plan that shall assess
the demand for health care facilities and services to inform state
health planning efforts and direct certificate of need determinations,
for those facilities and services subject to certificate of need as
provided in chapter 70.38 RCW. The plan shall include:
(i) An inventory of each geographic region's existing health care
facilities and services;
(ii) Projections of need for each category of health care facility
and service, including those subject to certificate of need;
(iii) Policies to guide the addition of new or expanded health care
facilities and services to promote the use of quality, evidence-based,
cost-effective health care delivery options, including any
recommendations for criteria, standards, and methods relevant to the
certificate of need review process; and
(iv) An assessment of the availability of health care providers,
public health resources, transportation infrastructure, and other
considerations necessary to support the needed health care facilities
and services in each region;
(c) A health care data resource plan that identifies data elements
necessary to properly conduct planning activities and to review
certificate of need applications, including data related to inpatient
and outpatient utilization and outcomes information, and financial and
utilization information related to charity care, quality, and cost.
The plan shall inventory existing data resources, both public and
private, that store and disclose information relevant to the health
planning process, including information necessary to conduct
certificate of need activities pursuant to chapter 70.38 RCW. The plan
shall identify any deficiencies in the inventory of existing data
resources and the data necessary to conduct comprehensive health
planning activities. The plan may recommend that the office be
authorized to access existing data sources and conduct appropriate
analyses of such data or that other agencies expand their data
collection activities as statutory authority permits. The plan may
identify any computing infrastructure deficiencies that impede the
proper storage, transmission, and analysis of health planning data.
The plan shall provide recommendations for increasing the availability
of data related to health planning to provide greater community
involvement in the health planning process and consistency in data used
for certificate of need applications and determinations;
(d) An assessment of emerging trends in health care delivery and
technology as they relate to access to health care facilities and
services, quality of care, and costs of care. The assessment shall
recommend any changes to the scope of health care facilities and
services covered by the certificate of need program that may be
warranted by these emerging trends. In addition, the assessment may
recommend any changes to criteria used by the department to review
certificate of need applications, as necessary;
(e) A rural health resource plan to assess the availability of
health resources in rural areas of the state, assess the unmet needs of
these communities, and evaluate how federal and state reimbursement
policies can be modified, if necessary, to more efficiently and
effectively meet the health care needs of rural communities. The plan
shall consider the unique health care needs of rural communities, the
adequacy of the rural health workforce, and transportation needs for
accessing appropriate care.
(4) The office shall submit the initial strategy to the governor
and the appropriate committees of the senate and house of
representatives by January 1, 2010. Every two years the office shall
submit an updated strategy. The health care facilities and services
plan as it pertains to a distinct geographic planning region may be
updated by individual categories on a rotating, biannual schedule.
(5) The office shall hold at least one public hearing and allow
opportunity to submit written comments prior to the issuance of the
initial strategy or an updated strategy. A public hearing shall be
held prior to issuing a draft of an updated health care facilities and
services plan, and another public hearing shall be held before final
adoption of an updated health care facilities and services plan. Any
hearing related to updating a health care facilities and services plan
for a specific planning region shall be held in that region with
sufficient notice to the public and an opportunity to comment.
Sec. 115 RCW 43.60A.170 and 2006 c 343 s 5 are each amended to
read as follows:
(1) The competitive grant program is created to fund innovative
initiatives to provide crisis and emergency relief, education,
training, and employment assistance to veterans and their families in
their communities.
(((1) The veterans innovations program board is created to exercise
the powers granted under RCW 43.60A.160 through 43.60A.185 related to
the competitive grant program.))
(a) The board consists of seven citizens of the state, appointed by
the governor, with recognized experience in serving veterans and their
families in the community regarding transition and readjustment issues;
education, training, and employment needs; and other needs experienced
by veterans and their families stemming from service to their country.
(b) The members of the board select the chair.
(c) The department shall provide staff support to the board.
(d) Members of the board receive no compensation but shall be
reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
(2) The ((board)) department shall:
(a) Establish a competitive process to solicit proposals for and
prioritize project applications for potential funding. The purpose of
the proposals shall be in three categories:
(i) Crisis and emergency relief;
(ii) Education, training, and employment assistance; and
(iii) Community outreach and resources; and
(b) Report on January 1, 2007, to the appropriate standing
committees of the legislature and to the joint committee on veterans
and military affairs on the implementation of chapter 343, Laws of
2006. The report must include, but is not limited to, information on
the number of applications for assistance, the grant amount awarded
each project, a description of each project, and performance measures
of the program.
Sec. 116 RCW 43.131.406 and 2006 c 343 s 11 are each amended to
read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2017:
(1) 2006 c 343 § 1 (uncodified);
(2) RCW 43.60A.160 and 2006 c 343 § 3;
(3) RCW 43.60A.165 and 2006 c 343 § 4;
(4) RCW 43.60A.170 and section 115 of this act & 2006 c 343 § 5;
(5) RCW 43.60A.175 and 2006 c 343 § 6;
(6) RCW 43.60A.180 and 2006 c 343 § 7; and
(7) RCW 43.60A.185 and 2006 c 343 § 8.
Sec. 117 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.))
NEW SECTION. Sec. 118 RCW 43.60A.180 (Conflicts of interest) and
2006 c 343 s 7 are each repealed.
NEW SECTION. Sec. 119 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. 120 RCW 70.119A.160 (Water supply advisory
committee) and 1998 c 245 s 112 & 1995 c 376 s 4 are each repealed.
Sec. 121 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. 122 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. 123 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.
Sec. 124 RCW 27.34.365 and 2005 c 391 s 3 are each amended to
read as follows:
The board of advisors shall consist of fifteen members. The
((governor)) director of the state historical society shall appoint
eleven members to the board of advisors. Two members of the senate,
one each representing the two largest caucuses of the senate, shall be
appointed by the president of the senate, and two members of the house
of representatives, one each representing the two largest caucuses of
the house of representatives(([,])), shall be appointed by the speaker
of the house of representatives.
The women's history consortium board of advisors may meet no more
than two times per calendar year. If state funds are not available for
travel, the board may meet on a voluntary basis at members' expense.
NEW SECTION. Sec. 125 RCW 17.15.040 (Interagency integrated
pest management coordinating committee--Creation--Composition--Duties--Public notice--Progress reports) and 1997 c 357 s 5 are each repealed.
NEW SECTION. Sec. 126 RCW 79.19.070 (Land bank technical
advisory committee) and 1984 c 222 s 7 are each repealed.
NEW SECTION. Sec. 127 RCW 76.04.145 (Forest fire advisory
board) and 1986 c 100 s 15 are each repealed.
Sec. 128 RCW 70.94.6534 and 2009 c 118 s 501 are each amended to
read as follows:
(1) The department of natural resources shall have the
responsibility for issuing and regulating burning permits required by
it relating to the following activities for the protection of life or
property and/or for the public health, safety, and welfare:
(a) Abating a forest fire hazard;
(b) Prevention of a fire hazard;
(c) Instruction of public officials in methods of forest fire
fighting;
(d) Any silvicultural operation to improve the forest lands of the
state; and
(e) Silvicultural burning used to improve or maintain fire
dependent ecosystems for rare plants or animals within state, federal,
and private natural area preserves, natural resource conservation
areas, parks, and other wildlife areas.
(2) The department of natural resources shall not retain such
authority, but it shall be the responsibility of the appropriate fire
protection agency for permitting and regulating outdoor burning on
lands where the department of natural resources does not have fire
protection responsibility.
(3) Permit fees shall be assessed for silvicultural burning under
the jurisdiction of the department of natural resources and collected
by the department of natural resources as provided for in this section.
All fees shall be deposited in the air pollution control account,
created in RCW 70.94.015. The legislature shall appropriate to the
department of natural resources funds from the air pollution control
account to enforce and administer the program under this section and
RCW ((70.94.6534,)) 70.94.6536, 70.94.6538, and 70.94.6540. Fees shall
be set by rule by the department of natural resources at the level
necessary to cover the costs of the program after receiving
recommendations on such fees from the public ((and the forest fire
advisory board established by RCW 76.04.145)).
Sec. 129 RCW
76.04.630 and 1993 c 36 s 2 are each amended to read
as follows:
There is created a landowner contingency forest fire suppression
account in the state treasury. Moneys in the account may be spent only
as provided in this section. Disbursements from the account shall be
on authorization of the commissioner of public lands or the
commissioner's designee. The account is subject to the allotment
procedure provided under chapter 43.88 RCW, but no appropriation is
required for disbursements.
The department may expend from this account the amounts as may be
available and as it considers appropriate for the payment of emergency
fire costs resulting from a participating landowner fire. The
department may, when moneys are available from the landowner
contingency forest fire suppression account, expend moneys for
summarily abating, isolating, or reducing an extreme fire hazard under
RCW 76.04.660. All moneys recovered as a result of the department's
actions, from the owner or person responsible, under RCW 76.04.660
shall be deposited in the landowner contingency forest fire suppression
account.
When a determination is made that the fire was started by other
than a landowner operation, moneys expended from this account in the
suppression of such fire shall be recovered from the general fund
appropriations as may be available for emergency fire suppression
costs. The department shall deposit in the landowner contingency
forest fire suppression account moneys paid out of the account which
are later recovered, less reasonable costs of recovery.
This account shall be established and renewed by an annual special
forest fire suppression account assessment paid by participating
landowners at a rate to be established by the department. In
establishing assessments, the department shall seek to establish and
thereafter reestablish a balance in the account of three million
dollars. The department may establish a flat fee assessment of no more
than seven dollars and fifty cents for participating landowners owning
parcels of fifty acres or less. For participating landowners owning
parcels larger than fifty acres, the department may charge the flat fee
assessment plus a per acre assessment for every acre over fifty acres.
The per acre assessment established by the department may not exceed
fifteen cents per acre per year. The assessments may differ to
equitably
distribute the assessment based on emergency fire suppression
cost experience necessitated by landowner operations. Amounts assessed
for this account shall be a lien upon the forest lands with respect to
which the assessment is made and may be collected as directed by the
department in the same manner as forest protection assessments.
Payment of emergency costs from this account shall in no way restrict
the right of the department to recover costs pursuant to RCW 76.04.495
or other laws.
When the department determines that a forest fire was started in
the course of or as a result of a landowner operation, ((it shall
notify the forest fire advisory board of the determination.)) the
determination shall be final, unless, within ninety days of the
notification, ((the forest fire advisory board)) or an interested party
serves a request for a hearing before the department. The hearing
shall constitute an adjudicative proceeding under chapter 34.05 RCW,
the administrative procedure act, and an appeal shall be in accordance
with RCW 34.05.510 through 34.05.598.
Sec. 130 RCW 76.04.660 and 2007 c 480 s 13 are each amended to
read as follows:
(1) The owner of land on which there is an additional fire hazard,
when the hazard is the result of a landowner operation or the land is
within an area covered by a forest health hazard warning issued under
RCW 76.06.180, shall take reasonable measures to reduce the danger of
fire spreading from the area and may abate the hazard by burning or
other satisfactory means.
(2) An extreme fire hazard shall exist within areas covered by a
forest health hazard order issued by the commissioner of public lands
under RCW 76.06.180 in which there is an additional fire hazard caused
by disturbance agents and the landowner has failed to take such action
as required by the forest health hazard order. The duties and
liability of such landowner under this chapter are as described in
subsections (5), (6), and (7) of this section.
(3) The department shall adopt rules defining areas of extreme fire
hazard that the owner and person responsible shall abate. The areas
shall include but are not limited to high risk areas such as where life
or buildings may be endangered, areas adjacent to public highways, and
areas of frequent public use.
(4) The department may adopt rules((, after consultation with the
forest fire advisory board,)) defining other conditions of extreme fire
hazard with a high potential for fire spreading to lands in other
ownerships. The department may prescribe additional measures that
shall be taken by the owner and person responsible to isolate or reduce
the extreme fire hazard.
(5) The owner or person responsible for the existence of the
extreme fire hazard is required to abate, isolate, or reduce the
hazard. The duty to abate, isolate, or reduce, and liability under
this chapter, arise upon creation of the extreme fire hazard.
Liability shall include but not be limited to all fire suppression
expenses incurred by the department, regardless of fire cause.
(6) If the owner or person responsible for the existence of the
extreme fire hazard or forest debris subject to RCW 76.04.650 refuses,
neglects, or unsuccessfully attempts to abate, isolate, or reduce the
same, the department may summarily abate, isolate, or reduce the hazard
as required by this chapter and recover twice the actual cost thereof
from the owner or person responsible. Landowner contingency forest
fire suppression account moneys may be used by the department, when
available, for this purpose. Moneys recovered by the department
pursuant to this section shall be returned to the landowner contingency
forest fire suppression account.
(7) Such costs shall include all salaries and expenses of people
and equipment incurred therein, including those of the department. All
such costs shall also be a lien upon the land enforceable in the same
manner with the same effect as a mechanic's lien.
(8) The summary action may be taken only after ten days' notice in
writing has been given to the owner or reputed owner of the land on
which the extreme fire hazard or forest debris subject to RCW 76.04.650
exists. The notice shall include a suggested method of abatement and
estimated cost thereof. The notice shall be by personal service or by
registered or certified mail addressed to the owner or reputed owner at
the owner's last known place of residence.
(9) A landowner or manager may make a written request to the
department to inspect their property and provide a written notice that
they have complied with a forest health hazard warning or forest health
hazard order, or otherwise adequately abated, isolated, or reduced an
additional or extreme fire hazard. An additional or extreme fire
hazard shall be considered to continue to exist unless and until the
department, in its sole discretion, issues such notice.
NEW SECTION. Sec. 131 The following acts or parts of acts are
each repealed:
(1) RCW 43.126.015 (Purposes) and 1983 c 273 s 1;
(2) RCW 43.126.025 (State board on geographic names created -- Membership -- Chair) and 2009 c 549 s 5174 & 1983 c 273 s 2;
(3) RCW 43.126.035 (Powers and duties) and 1983 c 273 s 3;
(4) RCW 43.126.045 (Policies -- Criteria) and 1983 c 273 s 4;
(5) RCW 43.126.055 (Adoption of names -- Procedure -- Effect) and 1983
c 273 s 5;
(6) RCW 43.126.065 (Meetings -- Rules -- Publication of adopted names)
and 2009 c 549 s 5175 & 1983 c 273 s 6;
(7) RCW 43.126.075 (Compensation and travel expenses of members)
and 1984 c 287 s 88 & 1983 c 273 s 7; and
(8) RCW 43.126.085 (Naming geographic features without board
approval prohibited) and 1983 c 273 s 8.
NEW SECTION. Sec. 132 The following acts or parts of acts are
each repealed:
(1) RCW 17.21.230 (Pesticide advisory board) and 1994 c 283 s 26,
1989 c 380 s 54, 1988 c 36 s 8, 1974 ex.s. c 20 s 1, 1971 ex.s. c 191
s 8, 1967 c 177 s 14, & 1961 c 249 s 23;
(2) RCW 17.21.240 (Pesticide advisory board -- Vacancies) and 1994 c
283 s 27, 1989 c 380 s 55, & 1961 c 249 s 24;
(3) RCW 17.21.250 (Pesticide advisory board -- Duties) and 1989 c 380
s 56 & 1961 c 249 s 25;
(4) RCW 17.21.260 (Pesticide advisory board -- Officers, meetings)
and 1994 c 283 s 28, 1989 c 380 s 57, & 1961 c 249 s 26;
(5) RCW 17.21.270 (Pesticide advisory board -- Travel expenses) and
1989 c 380 s 58, 1975-'76 2nd ex.s. c 34 s 24, & 1961 c 249 s 27; and
(6) RCW 70.104.080 (Pesticide panel -- Generally) and 1994 c 264 s
41, 1991 c 3 s 363, & 1989 c 380 s 68.
Sec. 133 RCW 15.92.070 and 1991 c 341 s 8 are each amended to
read as follows:
The laboratory is advised by a board appointed by the dean of the
Washington State University college of agriculture and home economics.
The dean shall cooperate with appropriate officials in Washington,
Idaho, and Oregon in selecting board members.
(1) The board shall consist of one representative from each of the
following interests: A human toxicologist or a health professional
knowledgeable in worker exposure to pesticides, the Washington State
University vice-provost for research or research administrator,
representatives from the state department of agriculture, the
department of ecology, the department of health, the department of
labor and ((industry [industries])) industries, privately owned
Washington pesticide analytical laboratories, federal regional
pesticide laboratories, an Idaho and Oregon laboratory, whether state,
university, or private, a chemical and fertilizer industry
representative, farm organizations, food processors, marketers, farm
labor, environmental organizations, and consumers. Each board member
shall serve a three-year term. The members of the board shall serve
without compensation but shall be reimbursed for travel expenses
incurred while engaged in the business of the board as provided in RCW
43.03.050 and 43.03.060.
(2) The board is in liaison with ((the pesticide advisory board
and)) the pesticide incident reporting and tracking panel and shall
review the chemicals investigated by the laboratory according to the
following criteria:
(a) Chemical uses for which a database exists on environmental fate
and acute toxicology, and that appear safer environmentally than
pesticides available on the market;
(b) Chemical uses not currently under evaluation by public
laboratories in Idaho or Oregon for use on Washington crops;
(c) Chemicals that have lost or may lose their registration and
that
no reasonably viable alternatives for Washington crops are known;
and
(d) Other chemicals vital to Washington agriculture.
(3) The laboratory shall conduct research activities using approved
good laboratory practices, namely procedures and recordkeeping required
of the national IR-4 minor use pesticide registration program.
(4) The laboratory shall coordinate activities with the national
IR-4 program.
Sec. 134 RCW 17.21.020 and 2004 c 100 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Agricultural commodity" means any plant or part of a plant, or
animal, or animal product, produced by a person (including farmers,
ranchers, vineyardists, plant propagators, Christmas tree growers,
aquaculturists, floriculturists, orchardists, foresters, or other
comparable persons) primarily for sale, consumption, propagation, or
other use by people or animals.
(2) "Agricultural land" means land on which an agricultural
commodity is produced or land that is in a government-recognized
conservation reserve program. This definition does not apply to
private gardens where agricultural commodities are produced for
personal consumption.
(3) "Antimicrobial pesticide" means a pesticide that is used for
the control of microbial pests, including but not limited to viruses,
bacteria, algae, and protozoa, and is intended for use as a
disinfectant or sanitizer.
(4) "Apparatus" means any type of ground, water, or aerial
equipment, device, or contrivance using motorized, mechanical, or
pressurized power and used to apply any pesticide on land and anything
that may be growing, habitating, or stored on or in such land, but
shall not include any pressurized handsized household device used to
apply any pesticide, or any equipment, device, or contrivance of which
the person who is applying the pesticide is the source of power or
energy in making such pesticide application, or any other small
equipment, device, or contrivance that is transported in a piece of
equipment licensed under this chapter as an apparatus.
(5) "Arthropod" means any invertebrate animal that belongs to the
phylum arthropoda, which in addition to insects, includes allied
classes whose members are wingless and usually have more than six legs;
for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
(6) "Certified applicator" means any individual who is licensed as
a commercial pesticide applicator, commercial pesticide operator,
public operator, private-commercial applicator, demonstration and
research applicator, private applicator, limited private applicator,
rancher private applicator, or any other individual who is certified by
the director to use or supervise the use of any pesticide which is
classified by the EPA or the director as a restricted use pesticide.
(7) "Commercial pesticide applicator" means any person who engages
in the business of applying pesticides to the land of another.
(8) "Commercial pesticide operator" means any employee of a
commercial pesticide applicator who uses or supervises the use of any
pesticide and who is required to be licensed under provisions of this
chapter.
(9) "Defoliant" means any substance or mixture of substances
intended to cause the leaves or foliage to drop from a plant with or
without causing abscission.
(10) "Department" means the Washington state department of
agriculture.
(11) "Desiccant" means any substance or mixture of substances
intended to artificially accelerate the drying of plant tissues.
(12) "Device" means any instrument or contrivance intended to trap,
destroy, control, repel, or mitigate pests, but not including equipment
used for the application of pesticides when sold separately from the
pesticides.
(13) "Direct supervision" by certified private applicators shall
mean that the designated restricted use pesticide shall be applied for
purposes of producing any agricultural commodity on land owned or
rented by the applicator or the applicator's employer, by a competent
person acting under the instructions and control of a certified private
applicator who is available if and when needed, even though such
certified private applicator is not physically present at the time and
place the pesticide is applied. The certified private applicator shall
have direct management responsibility and familiarity of the pesticide,
manner of application, pest, and land to which the pesticide is being
applied. Direct supervision by all other certified applicators means
direct on-the-job supervision and shall require that the certified
applicator be physically present at the application site and that the
person making the application be in voice and visual contact with the
certified applicator at all times during the application. However,
direct supervision for forest application does not require constant
voice and visual contact when general use pesticides are applied using
nonapparatus type equipment, the certified applicator is physically
present and readily available in the immediate application area, and
the certified applicator directly observes pesticide mixing and
batching. Direct supervision of an aerial apparatus means the pilot of
the aircraft must be appropriately certified.
(14) "Director" means the director of the department or a duly
authorized representative.
(15) "Engage in business" means any application of pesticides by
any person upon lands or crops of another.
(16) "EPA" means the United States environmental protection agency.
(17) "EPA restricted use pesticide" means any pesticide classified
for restricted use by the administrator, EPA.
(18) "FIFRA" means the federal insecticide, fungicide and
rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(19) "Forest application" means the application of pesticides to
agricultural land used to grow trees for the commercial production of
wood or wood fiber for products such as dimensional lumber, shakes,
plywood, poles, posts, pilings, particle board, hardboard, oriented
strand board, pulp, paper, cardboard, or other similar products.
(20) "Fumigant" means any pesticide product or combination of
products that is a vapor or gas or forms a vapor or gas on application
and whose method of pesticidal action is through the gaseous state.
(21) "Fungi" means all nonchlorophyll-bearing thallophytes (all
nonchlorophyll-bearing plants of lower order than mosses and
liverworts); for example, rusts, smuts, mildews, molds, and yeasts,
except those on or in a living person or other animals.
(22) "Fungicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any fungi.
(23) "Herbicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any weed or other
higher plant.
(24) "Immediate service call" means a landscape application to
satisfy an emergency customer request for service, or a treatment to
control a pest to landscape plants.
(25) "Insect" means any small invertebrate animal, in any life
stage, whose adult form is segmented and which generally belongs to the
class insecta, comprised of six-legged, usually winged forms, as, for
example, beetles, bugs, bees, and flies. The term insect shall also
apply to other allied classes of arthropods whose members are wingless
and usually have more than six legs, for example, spiders, mites,
ticks, centipedes, and isopod crustaceans.
(26) "Insecticide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any insect.
(27) "Land" means all land and water areas, including airspace and
all plants, animals, structures, buildings, devices, and contrivances,
appurtenant to or situated on, fixed or mobile, including any used for
transportation.
(28) "Landscape application" means an application of any EPA
registered pesticide to any exterior landscape area around residential
property, commercial properties such as apartments or shopping centers,
parks, golf courses, schools including nursery schools and licensed day
cares, or cemeteries or similar areas. This definition shall not apply
to: (a) Applications made by private applicators, limited private
applicators, or rancher private applicators; (b) mosquito abatement,
gypsy moth eradication, or similar wide-area pest control programs
sponsored by governmental entities; and (c) commercial pesticide
applicators making structural applications.
(29) "Limited private applicator" means a certified applicator who
uses or is in direct supervision, as defined for private applicators in
this section, of the use of any herbicide classified by the EPA or the
director as a restricted use pesticide, for the sole purpose of
controlling weeds on nonproduction agricultural land owned or rented by
the applicator or the applicator's employer. Limited private
applicators may also use restricted use pesticides on timber areas,
excluding aquatic sites, to control weeds designated for mandatory
control under chapters 17.04, 17.06, and 17.10 RCW and state and local
regulations adopted under chapters 17.04, 17.06, and 17.10 RCW. A
limited private applicator may apply restricted use herbicides to the
types of land described in this subsection of another person if applied
without compensation other than trading of personal services between
the applicator and the other person. This license is only valid when
making applications in counties of Washington located east of the crest
of the Cascade mountains.
(30) "Limited production agricultural land" means land used to grow
hay and grain crops that are consumed by the livestock on the farm
where produced. No more than ten percent of the hay and grain crops
grown on limited production agricultural land may be sold each crop
year. Limited production agricultural land does not include aquatic
sites.
(31) "Nematocide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate nematodes.
(32) "Nematode" means any invertebrate animal of the phylum
nemathelminthes and class nematoda, that is, unsegmented round worms
with elongated, fusiform, or saclike bodies covered with cuticle, and
inhabiting soil, water, plants or plant parts. Nematodes may also be
called nemas or eelworms.
(33) "Nonproduction agricultural land" means pastures, rangeland,
fencerows, and areas around farm buildings but not aquatic sites.
(34) "Person" means any individual, partnership, association,
corporation, or organized group of persons whether or not incorporated.
(35) "Pest" means, but is not limited to, any insect, rodent,
nematode, snail, slug, weed, and any form of plant or animal life or
virus, except virus, bacteria, or other microorganisms on or in a
living person or other animal or in or on processed food or beverages
or pharmaceuticals, which is normally considered to be a pest, or which
the director may declare to be a pest.
(36) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to prevent,
destroy, control, repel, or mitigate any pest;
(b) Any substance or mixture of substances intended to be used as
a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant as defined in RCW 15.58.030.
(37) (("Pesticide advisory board" means the pesticide advisory
board as provided for in this chapter.)) "Plant regulator" means any substance or mixture of
substances intended through physiological action, to accelerate or
retard the rate of growth or maturation, or to otherwise alter the
behavior of ornamental or crop plants or their produce, but shall not
include substances insofar as they are intended to be used as plant
nutrients, trace elements, nutritional chemicals, plant inoculants, or
soil amendments.
(38)
(((39))) (38) "Private applicator" means a certified applicator who
uses or is in direct supervision of the use of any pesticide classified
by the EPA or the director as a restricted use pesticide, for the
purposes of producing any agricultural commodity and for any associated
noncrop application on land owned or rented by the applicator or the
applicator's employer or if applied without compensation other than
trading of personal services between producers of agricultural
commodities on the land of another person.
(((40))) (39) "Private-commercial applicator" means a certified
applicator who uses or supervises the use of any pesticide classified
by the EPA or the director as a restricted use pesticide for purposes
other than the production of any agricultural commodity on lands owned
or rented by the applicator or the applicator's employer.
(((41))) (40) "Rancher private applicator" means a certified
applicator who uses or is in direct supervision, as defined for private
applicators in this section, of the use of any herbicide or any
rodenticide classified by the EPA or the director as a restricted use
pesticide for the purpose of controlling weeds and pest animals on
nonproduction agricultural land and limited production agricultural
land owned or rented by the applicator or the applicator's employer.
Rancher private applicators may also use restricted use pesticides on
timber areas, excluding aquatic sites, to control weeds designated for
mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state
and local regulations adopted under chapters 17.04, 17.06, and 17.10
RCW. A rancher private applicator may apply restricted use herbicides
and rodenticides to the types of land described in this subsection of
another person if applied without compensation other than trading of
personal services between the applicator and the other person. This
license is only valid when making applications in counties of
Washington located east of the crest of the Cascade mountains.
(((42))) (41) "Residential property" includes property less than
one acre in size zoned as residential by a city, town, or county, but
does not include property zoned as agricultural or agricultural
homesites.
(((43))) (42) "Restricted use pesticide" means any pesticide or
device which, when used as directed or in accordance with a widespread
and commonly recognized practice, the director determines, subsequent
to a hearing, requires additional restrictions for that use to prevent
unreasonable adverse effects on the environment including people,
lands, beneficial insects, animals, crops, and wildlife, other than
pests.
(((44))) (43) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate rodents, or
any other vertebrate animal which the director may declare by rule to
be a pest.
(((45))) (44) "School facility" means any facility used for
licensed day care center purposes or for the purposes of a public
kindergarten or public elementary or secondary school. School facility
includes the buildings or structures, playgrounds, landscape areas,
athletic fields, school vehicles, or any other area of school property.
(((46))) (45) "Snails or slugs" include all harmful mollusks.
(((47))) (46) "Unreasonable adverse effects on the environment"
means any unreasonable risk to people or the environment taking into
account the economic, social, and environmental costs and benefits of
the use of any pesticide, or as otherwise determined by the director.
(((48))) (47) "Weed" means any plant which grows where it is not
wanted.
Sec. 135 RCW 43.15.020 and 2009 c 560 s 27 are each amended to
read as follows:
The lieutenant governor serves as president of the senate and is
responsible for making appointments to, and serving on, the committees
and boards as set forth in this section.
(1) The lieutenant governor serves on the following boards and
committees:
(a) Capitol furnishings preservation committee, RCW 27.48.040;
(b) Washington higher education facilities authority, RCW
28B.07.030;
(c) Productivity board, also known as the employee involvement and
recognition board, RCW 41.60.015;
(d) State finance committee, RCW 43.33.010;
(e) State capitol committee, RCW 43.34.010;
(f) Washington health care facilities authority, RCW 70.37.030;
(g) State medal of merit nominating committee, RCW 1.40.020;
(h) Medal of valor committee, RCW 1.60.020; and
(i) Association of Washington generals, RCW 43.15.030.
(2) The lieutenant governor, and when serving as president of the
senate, appoints members to the following boards and committees:
(a) Civil legal aid oversight committee, RCW 2.53.010;
(b) Office of public defense advisory committee, RCW 2.70.030;
(c) Washington state gambling commission, RCW 9.46.040;
(d) Sentencing guidelines commission, RCW 9.94A.860;
(e) State building code council, RCW 19.27.070;
(f) Women's history consortium board of advisors, RCW 27.34.365;
(g) Financial ((literacy)) education public-private partnership,
RCW 28A.300.450;
(h) Joint administrative rules review committee, RCW 34.05.610;
(i) Capital projects advisory review board, RCW 39.10.220;
(j) Select committee on pension policy, RCW 41.04.276;
(k) Legislative ethics board, RCW 42.52.310;
(l) Washington citizens' commission on salaries, RCW 43.03.305;
(m) Legislative oral history committee, RCW 44.04.325;
(n) State council on aging, RCW 43.20A.685;
(o) State investment board, RCW 43.33A.020;
(p) Capitol campus design advisory committee, RCW 43.34.080;
(q) Washington state arts commission, RCW 43.46.015;
(r) Information services board, RCW 43.105.032;
(s) ((K-20 educational network board, RCW 43.105.800;)) Municipal research council, RCW 43.110.010;
(t)
(((u))) (t) Council for children and families, RCW 43.121.020;
(((v))) (u) PNWER-Net working subgroup under chapter 43.147 RCW;
(((w))) (v) Community economic revitalization board, RCW
43.160.030;
(((x))) (w) Washington economic development finance authority, RCW
43.163.020;
(((y))) (x) Life sciences discovery fund authority, RCW 43.350.020;
(((z))) (y) Legislative children's oversight committee, RCW
44.04.220;
(((aa))) (z) Joint legislative audit and review committee, RCW
44.28.010;
(((bb))) (aa) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((cc))) (bb) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((dd))) (cc) Agency council on coordinated transportation, RCW
47.06B.020;
(((ee))) (dd) Manufactured housing task force, RCW 59.22.090;
(((ff))) (ee) Washington horse racing commission, RCW 67.16.014;
(((gg))) (ff) Correctional industries board of directors, RCW
72.09.080;
(((hh))) (gg) Joint committee on veterans' and military affairs,
RCW 73.04.150;
(((ii))) (hh) Joint legislative committee on water supply during
drought, RCW 90.86.020;
(((jj))) (ii) Statute law committee, RCW 1.08.001; and
(((kk))) (jj) Joint legislative oversight committee on trade
policy, RCW 44.55.020.
Sec. 136 RCW 43.15.020 and 2010 c . . . s 135 (section 135 of
this act) are each amended to read as follows:
The lieutenant governor serves as president of the senate and is
responsible for making appointments to, and serving on, the committees
and boards as set forth in this section.
(1) The lieutenant governor serves on the following boards and
committees:
(a) Capitol furnishings preservation committee, RCW 27.48.040;
(b) Washington higher education facilities authority, RCW
28B.07.030;
(c) Productivity board, also known as the employee involvement and
recognition board, RCW 41.60.015;
(d) State finance committee, RCW 43.33.010;
(e) State capitol committee, RCW 43.34.010;
(f) Washington health care facilities authority, RCW 70.37.030;
(g) State medal of merit nominating committee, RCW 1.40.020;
(h) Medal of valor committee, RCW 1.60.020; and
(i) Association of Washington generals, RCW 43.15.030.
(2) The lieutenant governor, and when serving as president of the
senate, appoints members to the following boards and committees:
(a) Civil legal aid oversight committee, RCW 2.53.010;
(b) Office of public defense advisory committee, RCW 2.70.030;
(c) Washington state gambling commission, RCW 9.46.040;
(d) Sentencing guidelines commission, RCW 9.94A.860;
(e) State building code council, RCW 19.27.070;
(f) ((Women's history consortium board of advisors, RCW 27.34.365;)) Financial education public-private partnership, RCW
28A.300.450;
(g)
(((h))) (g) Joint administrative rules review committee, RCW
34.05.610;
(((i))) (h) Capital projects advisory review board, RCW 39.10.220;
(((j))) (i) Select committee on pension policy, RCW 41.04.276;
(((k))) (j) Legislative ethics board, RCW 42.52.310;
(((l))) (k) Washington citizens' commission on salaries, RCW
43.03.305;
(((m))) (l) Legislative oral history committee, RCW 44.04.325;
(((n))) (m) State council on aging, RCW 43.20A.685;
(((o))) (n) State investment board, RCW 43.33A.020;
(((p))) (o) Capitol campus design advisory committee, RCW
43.34.080;
(((q))) (p) Washington state arts commission, RCW 43.46.015;
(((r))) (q) Information services board, RCW 43.105.032;
(((s))) (r) Municipal research council, RCW 43.110.010;
(((t))) (s) Council for children and families, RCW 43.121.020;
(((u))) (t) PNWER-Net working subgroup under chapter 43.147 RCW;
(((v))) (u) Community economic revitalization board, RCW
43.160.030;
(((w))) (v) Washington economic development finance authority, RCW
43.163.020;
(((x))) (w) Life sciences discovery fund authority, RCW 43.350.020;
(((y))) (x) Legislative children's oversight committee, RCW
44.04.220;
(((z))) (y) Joint legislative audit and review committee, RCW
44.28.010;
(((aa))) (z) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((bb))) (aa) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((cc))) (bb) Agency council on coordinated transportation, RCW
47.06B.020;
(((dd))) (cc) Manufactured housing task force, RCW 59.22.090;
(((ee))) (dd) Washington horse racing commission, RCW 67.16.014;
(((ff))) (ee) Correctional industries board of directors, RCW
72.09.080;
(((gg))) (ff) Joint committee on veterans' and military affairs,
RCW 73.04.150;
(((hh))) (gg) Joint legislative committee on water supply during
drought, RCW 90.86.020;
(((ii))) (hh) Statute law committee, RCW 1.08.001; and
(((jj))) (ii) Joint legislative oversight committee on trade
policy, RCW 44.55.020.
NEW SECTION. Sec. 137 RCW 46.01.320 (Title and registration
advisory committee) and 2005 c 319 s 115, 1996 c 315 s 2, & 1992 c 216
s 3 are each repealed.
Sec. 138 RCW 46.01.325 and 2005 c 319 s 116 are each amended to
read as follows:
(1) The director shall prepare((, with the advice of the title and
registration advisory committee,)) an annual comprehensive analysis and
evaluation of agent and subagent fees. The director shall make
recommendations for agent and subagent fee revisions ((approved by the
title and registration advisory committee)) to the senate and house
transportation committees by January 1st of every third year starting
with 1996. Fee revision recommendations may be made more frequently
when justified by the annual analysis and evaluation((, and requested
by the title and registration advisory committee)).
(2) The annual comprehensive analysis and evaluation must consider,
but is not limited to:
(a) Unique and significant financial, legislative, or other
relevant developments that may impact fees;
(b) Current funding for ongoing operating and maintenance
automation project costs affecting revenue collection and service
delivery;
(c) Future system requirements including an appropriate sharing of
costs between the department, agents, and subagents;
(d) Beneficial mix of customer service delivery options based on a
fee structure commensurate with quality performance standards;
(e) Appropriate indices projecting state and national growth in
business and economic conditions prepared by the United States
department of commerce, the department of revenue, and the revenue
forecast council for the state of Washington.
Sec. 139 RCW 46.01.140 and 2005 c 343 s 1 are each amended to
read as follows:
(1) The county auditor, if appointed by the director of licensing
shall carry out the provisions of this title relating to the licensing
of vehicles and the issuance of vehicle license number plates under the
direction and supervision of the director and may with the approval of
the director appoint assistants as special deputies and recommend
subagents to accept applications and collect fees for vehicle licenses
and transfers and to deliver vehicle license number plates.
(2) A county auditor appointed by the director may request that the
director appoint subagencies within the county.
(a) Upon authorization of the director, the auditor shall use an
open competitive process including, but not limited to, a written
business proposal and oral interview to determine the qualifications of
all interested applicants.
(b) A subagent may recommend a successor who is either the
subagent's sibling, spouse, or child, or a subagency employee, as long
as the recommended successor participates in the open, competitive
process used to select an applicant. In making successor
recommendation and appointment determinations, the following provisions
apply:
(i) If a subagency is held by a partnership or corporate entity,
the nomination must be submitted on behalf of, and agreed to by, all
partners or corporate officers.
(ii) No subagent may receive any direct or indirect compensation or
remuneration from any party or entity in recognition of a successor
nomination. A subagent may not receive any financial benefit from the
transfer or termination of an appointment.
(iii) (a) and (b) of this subsection are intended to assist in the
efficient transfer of appointments in order to minimize public
inconvenience. They do not create a proprietary or property interest
in the appointment.
(c) The auditor shall submit all proposals to the director, and
shall recommend the appointment of one or more subagents who have
applied through the open competitive process. The auditor shall
include in his or her recommendation to the director, not only the name
of the successor who is a relative or employee, if applicable and if
otherwise qualified, but also the name of one other applicant who is
qualified and was chosen through the open competitive process. The
director has final appointment authority.
(3)(a) A county auditor who is appointed as an agent by the
department shall enter into a standard contract provided by the
director((, developed with the advice of the title and registration
advisory committee)).
(b) A subagent appointed under subsection (2) of this section shall
enter into a standard contract with the county auditor((, developed
with the advice of the title and registration advisory committee)).
The director shall provide the standard contract to county auditors.
(c) The contracts provided for in (a) and (b) of this subsection
must contain at a minimum provisions that:
(i) Describe the responsibilities, and where applicable, the
liability, of each party relating to the service expectations and
levels, equipment to be supplied by the department, and equipment
maintenance;
(ii) Require the specific type of insurance or bonds so that the
state is protected against any loss of collected motor vehicle tax
revenues or loss of equipment;
(iii) Specify the amount of training that will be provided by the
state, the county auditor, or subagents;
(iv) Describe allowable costs that may be charged to vehicle
licensing activities as provided for in (d) of this subsection;
(v) Describe the causes and procedures for termination of the
contract, which may include mediation and binding arbitration.
(d) The department shall develop procedures that will standardize
and prescribe allowable costs that may be assigned to vehicle licensing
and vessel registration and title activities performed by county
auditors.
(e) The contracts may include any provision that the director deems
necessary to ensure acceptable service and the full collection of
vehicle and vessel tax revenues.
(f) The director may waive any provisions of the contract deemed
necessary in order to ensure that readily accessible service is
provided to the citizens of the state.
(4)(a) At any time any application is made to the director, the
county auditor, or other agent pursuant to any law dealing with
licenses, registration, or the right to operate any vehicle or vessel
upon the public highways or waters of this state, excluding applicants
already paying such fee under RCW 46.16.070 or 46.16.085, the applicant
shall pay to the director, county auditor, or other agent a fee of
three dollars for each application in addition to any other fees
required by law.
(b) Counties that do not cover the expenses of vehicle licensing
and vessel registration and title activities may submit to the
department a request for cost-coverage moneys. The request must be
submitted on a form developed by the department. The department shall
develop procedures to verify whether a request is reasonable. Payment
shall be made on requests found to be allowable from the licensing
services account.
(c) Applicants for certificates of ownership, including applicants
paying fees under RCW 46.16.070 or 46.16.085, shall pay to the
director, county auditor, or other agent a fee of four dollars in
addition to any other fees required by law.
(d) The fees under (a) and (c) of this subsection, if paid to the
county auditor as agent of the director, or if paid to a subagent of
the county auditor, shall be paid to the county treasurer in the same
manner as other fees collected by the county auditor and credited to
the county current expense fund. If the fee is paid to another agent
of the director, the fee shall be used by the agent to defray his or
her expenses in handling the application.
(e) Applicants required to pay the three-dollar fee established
under (a) of this subsection, must pay an additional seventy-five
cents, which must be collected and remitted to the state treasurer and
distributed as follows:
(i) Fifty cents must be deposited into the department of licensing
services account of the motor vehicle fund and must be used for agent
and subagent support, which is to include but not be limited to the
replacement of department-owned equipment in the possession of agents
and subagents.
(ii) Twenty-five cents must be deposited into the license plate
technology account created under RCW 46.16.685.
(5) A subagent shall collect a service fee of (a) ten dollars for
changes in a certificate of ownership, with or without registration
renewal, or verification of record and preparation of an affidavit of
lost title other than at the time of the title application or transfer
and (b) four dollars for registration renewal only, issuing a transit
permit, or any other service under this section.
(6) If the fee is collected by the state patrol as agent for the
director, the fee so collected shall be certified to the state
treasurer and deposited to the credit of the state patrol highway
account. If the fee is collected by the department of transportation
as agent for the director, the fee shall be certified to the state
treasurer and deposited to the credit of the motor vehicle fund. All
such fees collected by the director or branches of his office shall be
certified to the state treasurer and deposited to the credit of the
highway safety fund.
(7) Any county revenues that exceed the cost of providing vehicle
licensing and vessel registration and title activities in a county,
calculated in accordance with the procedures in subsection (3)(d) of
this section, shall be expended as determined by the county legislative
authority during the process established by law for adoption of county
budgets.
(8) The director may adopt rules to implement this section.
NEW SECTION. Sec. 140 (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.
(4) All rules and all pending business before any terminated entity
shall be continued and acted upon by the entity assuming the
responsibilities of the terminated entity.
Sec. 141 RCW 43.03.050 and 2003 1st sp.s. c 25 s 915 are each
amended to read as follows:
(1) The director of financial management shall prescribe reasonable
allowances to cover reasonable and necessary subsistence and lodging
expenses for elective and appointive officials and state employees
while engaged on official business away from their designated posts of
duty. The director of financial management may prescribe and regulate
the allowances provided in lieu of subsistence and lodging expenses and
may prescribe the conditions under which reimbursement for subsistence
and lodging may be allowed. The schedule of allowances adopted by the
office of financial management may include special allowances for
foreign travel and other travel involving higher than usual costs for
subsistence and lodging. The allowances established by the director
shall not exceed the rates set by the federal government for federal
employees. However, during the 2003-05 fiscal biennium, the allowances
for any county that is part of a metropolitan statistical area, the
largest city of which is in another state, shall equal the allowances
prescribed for that larger city.
(2) Those persons appointed to serve without compensation on any
state board, commission, or committee, if entitled to payment of travel
expenses, shall be paid pursuant to special per diem rates prescribed
in accordance with subsection (1) of this section by the office of
financial management.
(3) The director of financial management may prescribe reasonable
allowances to cover reasonable expenses for meals, coffee, and light
refreshment served to elective and appointive officials and state
employees regardless of travel status at a meeting where: (a) The
purpose of the meeting is to conduct official state business or to
provide formal training to state employees or state officials; (b) the
meals, coffee, or light refreshment are an integral part of the meeting
or training session; (c) the meeting or training session takes place
away from the employee's or official's regular workplace; and (d) the
agency head or authorized designee approves payments in advance for the
meals, coffee, or light refreshment. In order to prevent abuse, the
director may regulate such allowances and prescribe additional
conditions for claiming the allowances.
(4) Upon approval of the agency head or authorized designee, an
agency may serve coffee or light refreshments at a meeting where: (a)
The purpose of the meeting is to conduct state business or to provide
formal training that benefits the state; and (b) the coffee or light
refreshment is an integral part of the meeting or training session.
The director of financial management shall adopt requirements necessary
to prohibit abuse of the authority authorized in this subsection.
(5) The schedule of allowances prescribed by the director under the
terms of this section and any subsequent increases in any maximum
allowance or special allowances for areas of higher than usual costs
shall be reported to the ways and means committees of the house of
representatives and the senate at each regular session of the
legislature.
(6) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class one through class three or class five
board, commission, council, committee, or similar group may receive an
allowance for subsistence, lodging, or travel expenses if the allowance
cost is funded by the state general fund. Exceptions may be granted
under section 605, chapter 3, Laws of 2010.
Sec. 142 RCW 43.03.220 and 1984 c 287 s 2 are each amended to
read as follows:
(1) Any part-time board, commission, council, committee, or other
similar group which is established by the executive, legislative, or
judicial branch to participate in state government and which functions
primarily in an advisory, coordinating, or planning capacity shall be
identified as a class one group.
(2) Absent any other provision of law to the contrary, no money
beyond the customary reimbursement or allowance for expenses may be
paid by or through the state to members of class one groups for
attendance at meetings of such groups.
(3) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class one board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section 605,
chapter 3, Laws of 2010. Class one groups, when feasible, shall use an
alternative means of conducting a meeting that does not require travel
while still maximizing member and public participation and may use a
meeting format that requires members to be physically present at one
location only when necessary or required by law. Meetings that require
a member's physical presence at one location must be held in state
facilities whenever possible, and meetings conducted using private
facilities must be approved by the director of the office of financial
management.
(4) Beginning July 1, 2010, through June 30, 2011, class one groups
that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 143 RCW 43.03.230 and 2001 c 315 s 11 are each amended to
read as follows:
(1) Any agricultural commodity board or commission established
pursuant to Title 15 or 16 RCW shall be identified as a class two group
for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class two group is eligible to receive compensation in an amount not to
exceed one hundred dollars for each day during which the member attends
an official meeting of the group or performs statutorily prescribed
duties approved by the chairperson of the group. A person shall not
receive compensation for a day of service under this section if the
person (a) occupies a position, normally regarded as full-time in
nature, in any agency of the federal government, Washington state
government, or Washington state local government; and (b) receives any
compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class two board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section 605,
chapter 3, Laws of 2010. Class two groups, when feasible, shall use an
alternative means of conducting a meeting that does not require travel
while still maximizing member and public participation and may use a
meeting format that requires members to be physically present at one
location only when necessary or required by law. Meetings that require
a member's physical presence at one location must be held in state
facilities whenever possible, and meetings conducted using private
facilities must be approved by the director of the office of financial
management.
(5) Beginning July 1, 2010, through June 30, 2011, class two groups
that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 144 RCW 43.03.240 and 1984 c 287 s 4 are each amended to
read as follows:
(1) Any part-time, statutory board, commission, council, committee,
or other similar group which has rule-making authority, performs quasi
judicial functions, has responsibility for the administration or policy
direction of a state agency or program, or performs regulatory or
licensing functions with respect to a specific profession, occupation,
business, or industry shall be identified as a class three group for
purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class three group is eligible to receive compensation in an amount not
to exceed fifty dollars for each day during which the member attends an
official meeting of the group or performs statutorily prescribed duties
approved by the chairperson of the group. A person shall not receive
compensation for a day of service under this section if the person (a)
occupies a position, normally regarded as full-time in nature, in any
agency of the federal government, Washington state government, or
Washington state local government; and (b) receives any compensation
from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class three board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section 605,
chapter 3, Laws of 2010. Class three groups, when feasible, shall use
an alternative means of conducting a meeting that does not require
travel while still maximizing member and public participation and may
use a meeting format that requires members to be physically present at
one location only when necessary or required by law. Meetings that
require a member's physical presence at one location must be held in
state facilities whenever possible, and meetings conducted using
private facilities must be approved by the director of the office of
financial management.
(5) Beginning July 1, 2010, through June 30, 2011, class three
groups that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 145 RCW 43.03.250 and 1984 c 287 s 5 are each amended to
read as follows:
(1) A part-time, statutory board, commission, council, committee,
or other similar group shall be identified as a class four group for
purposes of compensation if the group:
(a) Has rule-making authority, performs quasi-judicial functions,
or has responsibility for the administration or policy direction of a
state agency or program;
(b) Has duties that are deemed by the legislature to be of
overriding sensitivity and importance to the public welfare and the
operation of state government; and
(c) Requires service from its members representing a significant
demand on their time that is normally in excess of one hundred hours of
meeting time per year.
(2) Each member of a class four group is eligible to receive
compensation in an amount not to exceed one hundred dollars for each
day during which the member attends an official meeting of the group or
performs statutorily prescribed duties approved by the chairperson of
the group. A person shall not receive compensation for a day of
service under this section if the person (a) occupies a position,
normally regarded as full-time in nature, in any agency of the federal
government, Washington state government, or Washington state local
government; and (b) receives any compensation from such government for
working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) Beginning July 1, 2010, through June 30, 2011, class four
groups, when feasible, shall use an alternative means of conducting a
meeting that does not require travel while still maximizing member and
public participation and may use a meeting format that requires members
to be physically present at one location only when necessary or
required by law. Meetings that require a member's physical presence at
one location must be held in state facilities whenever possible, and
meetings conducted using private facilities must be approved by the
director of the office of financial management.
Sec. 146 RCW 43.03.265 and 1999 c 366 s 1 are each amended to
read as follows:
(1) Any part-time commission that has rule-making authority,
performs quasi-judicial functions, has responsibility for the policy
direction of a health profession credentialing program, and performs
regulatory and licensing functions with respect to a health care
profession licensed under Title 18 RCW shall be identified as a class
five group for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class five group is eligible to receive compensation in an amount not
to exceed two hundred fifty dollars for each day during which the
member attends an official meeting of the group or performs statutorily
prescribed duties approved by the chairperson of the group. A person
shall not receive compensation for a day of service under this section
if the person (a) occupies a position, normally regarded as full-time
in nature, in any agency of the federal government, Washington state
government, or Washington state local government; and (b) receives any
compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is necessarily incurred in the course of authorized business consistent
with the responsibilities of the commission established by law.
(4) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class five board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section 605,
chapter 3, Laws of 2010. Class five groups, when feasible, shall use
an alternative means of conducting a meeting that does not require
travel while still maximizing member and public participation and may
use a meeting format that requires members to be physically present at
one location only when necessary or required by law. Meetings that
require a member's physical presence at one location must be held in
state facilities whenever possible, and meetings conducted using
private facilities must be approved by the director of the office of
financial management.
(5) Beginning July 1, 2010, through June 30, 2011, class five
groups that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
NEW SECTION. Sec. 147 (1)
The director of financial management
shall provide the following information on each permanent and
temporary, statutory and nonstatutory board, commission, council,
committee, or other similar group established by the executive and
judicial branches of state government and report the information to the
appropriate policy and fiscal committees of the senate and the house of
representatives by September 1, 2010:
(a) Actual annual costs for fiscal years 2008 and 2009 for:
(i) Agency staff support;
(ii) Travel and lodging allowances;
(iii) Compensation payments for designated members; and
(iv) Other meeting expenses; and
(b) The sources of funds used to pay costs for each board,
commission, council, committee, or other similar group.
(2) This section expires December 31, 2010.
NEW SECTION. Sec. 148 The following sections are recodified as
new sections in chapter 43.215 RCW:
RCW 43.121.170
RCW 43.121.175
RCW 43.121.180
NEW SECTION. Sec. 149 Sections 119 and 123 of this act take
effect June 30, 2011.
NEW SECTION. Sec. 150 Sections 1 through 118, 125 through 135,
and 141 through 146 of this act take effect June 30, 2010.
NEW SECTION. Sec. 151 Section 136 of this act takes effect
November 15, 2010.