H-3702              _______________________________________________

 

                                                   HOUSE BILL NO. 1382

                        _______________________________________________

 

State of Washington                              50th Legislature                              1988 Regular Session

 

By Representatives Hankins, H. Sommers and Silver

 

 

Read first time 1/15/88 and referred to Committee on State Government.

 

 


AN ACT Relating to termination and sunset review; amending RCW 90.44.410, 77.12.670, 77.12.690, 77.08.045, 1.40.020, and 43.63A.230; adding a new section to chapter 43.155 RCW; adding a new section to chapter 43.168 RCW; adding new sections to chapter 43.131 RCW; repealing RCW 77.12.680, 43.155.030, 43.168.030, 43.240.010, 43.240.020, 43.240.030, 43.240.040, 43.240.050, 43.240.060, 43.240.070, 43.30.380, 31.30.140, 43.63A.310, 43.63A.320, 43.63A.330, 70.94.487, 67.34.011, 67.34.021, and 22.09.436; repealing section 2, chapter 316, Laws of 1986 (uncodified); and providing effective dates.

 

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

                                                                              PART I

                                       GROUND WATER MANAGEMENT ADVISORY COMMITTEES

 

 

 

        Sec. 1.  Section 2, chapter 453, Laws of 1985 and RCW 90.44.410 are each amended to read as follows:

          (1) ((To assist in the development of ground water management programs, a ground water management advisory committee, with representation from major user and public interest groups, and state and local governments shall be appointed by the department for each area or sub-area.  The procedure for advisory committee appointment, terms of appointment, and committee responsibilities shall be addressed in the rules prepared under RCW 90.44.400.

         (2))) The ground water area or sub-area management programs shall include:

          (a) A description of the specific ground water area or sub-areas, or separate depth zones within any such area or sub-area, and the relationship of this zone or area to the land use management responsibilities of county government;

          (b) A management program based on long-term monitoring and resource management objectives for the area or sub-area;

          (c) Identification of water resources and the allocation of the resources to meet state and local needs;

          (d) Projection of water supply needs for existing and future identified user groups and beneficial uses;

          (e) Identification of water resource management policies and/or practices that may impact the recharge of the designated area or policies that may affect the safe yield and quantity of water available for future appropriation;

          (f) Identification of land use and other activities that may impact the quality and efficient use of the ground water, including domestic, industrial, solid, and other waste disposal, underground storage facilities, or storm water management practices;

          (g) The design of the program necessary to manage the resource to assure long-term benefits to the citizens of the state;

          (h) Identification of water quality objectives for the aquifer system which recognize existing and future uses of the aquifer and that are in accordance with department of ecology and department of social and health services drinking and surface water quality standards;

          (i) Long-term policies and construction practices necessary to protect existing water rights and subsequent facilities installed in accordance with the ground water area or sub-area management programs and/or other water right procedures;

          (j) Annual withdrawal rates and safe yield guidelines which are directed by the long-term management programs that recognize annual variations in aquifer recharge;

          (k) A description of conditions and potential conflicts and identification of a program to resolve conflicts with existing water rights;

          (l) Alternative management programs to meet future needs and existing conditions, including water conservation plans; and

          (m) A process for the periodic review of the ground water management program and monitoring of the implementation of the program.

          (((3))) (2) The ground water area or sub-area management programs shall be  submitted for review in accordance with the state environmental policy act.

 

          NEW SECTION.  Sec. 2.     Section 1 of this act shall take effect June 30, 1990.

                                                                             PART II

                                                 MIGRATORY WATERFOWL ART COMMITTEE

 

 

 

        Sec. 3.  Section 4, chapter 243, Laws of 1985 as amended by section 53, chapter 506, Laws of 1987 and RCW 77.12.670 are each amended to read as follows:

          The migratory waterfowl stamp ((to)) shall be produced by the department ((shall use the design as provided by the migratory waterfowl art committee)).

          All revenue derived from the sale of the stamps by the department shall be deposited in the state wildlife fund and shall be used only for the cost of printing and production of the stamp and for those migratory waterfowl projects specified by the director of the department for the acquisition and development of migratory waterfowl habitat in the state and for the enhancement, protection, and propagation of migratory waterfowl in the state.  Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein.  If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it shall allow the general public reasonable access to that property and shall, if appropriate, insure that the deed or other instrument creating the interest allows such access to the general public.  If the department obtains a covenant in real property in its favor or an easement or any other interest in real property under this section, it shall exercise its best efforts to insure that the deed or other instrument creating the interest grants to the general public in the form of a covenant running with the land reasonable access to the property.  The private landowner from whom the department obtains such a covenant or easement shall retain the right of granting access to the lands by written permission.

          The department may produce migratory waterfowl stamps in any given year in excess of those necessary for sale in that year.  The excess stamps may be sold to the ((migratory waterfowl art committee for sale to the)) public.

 

        Sec. 4.  Section 6, chapter 243, Laws of 1985 as amended by section 55, chapter 506, Laws of 1987 and RCW 77.12.690 are each amended to read as follows:

          The ((migratory waterfowl art committee)) department of wildlife is responsible for the selection of the annual migratory waterfowl stamp design and shall ((provide the design to the department.  If the committee does not perform this duty within the time frame necessary to achieve proper and timely distribution of the stamps to license dealers, the director shall)) initiate the art work selection ((for that year.  The committee shall)), and create collector art prints and related artwork((, utilizing the same design as provided to the department)).  The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the ((migratory waterfowl art committee)) department.

          The total amount brought in from the sale of prints and related artwork shall be deposited in the  state wildlife fund.  The costs of producing and marketing of prints and related artwork, including administrative expenses ((mutually agreed upon by the committee and the director,)) shall be paid out of the total amount brought in from sales of those same items.  Net funds derived from the sale of prints and related artwork shall be used by the director to contract with one or more appropriate individuals or nonprofit organizations for the development of waterfowl propagation projects within Washington which specifically provide waterfowl for the Pacific flyway. The department shall not contract with any individual or organization that obtains compensation for allowing waterfowl hunting except if the individual or organization does not permit hunting for compensation on the subject property.

          ((The migratory waterfowl art committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy of the audit to the commission and to the natural resources committees of the house and senate.))

 

        Sec. 5.  Section 2, chapter 243, Laws of 1985 as amended by section 12, chapter 506, Laws of 1987 and RCW 77.08.045 are each amended to read as follows:

          As used in this title or rules adopted pursuant to this title:

          (1) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans;

          (2) "Migratory waterfowl stamp" means the stamp that is required by RCW 77.32.350 to be in the possession of persons over sixteen years of age to hunt migratory waterfowl; and

          (3) "Prints and artwork" means replicas of the original stamp design that are sold to the general public.  Prints and artwork are not to be construed to be the migratory waterfowl stamp that is required by RCW 77.32.350.  Artwork may be any facsimile of the original stamp design, including color renditions, metal duplications, or any other kind of design((; and

          (4) "Migratory waterfowl art committee" means the committee created by RCW 77.12.680.  The committee's primary function is to select the annual migratory waterfowl stamp design)).

 

          NEW SECTION.  Sec. 6.  Section 5, chapter 243, Laws of 1985, section 54, chapter 506, Laws of 1987 and RCW 77.12.680 are each repealed.

 

 

          NEW SECTION.  Sec. 7.     Sections 3 through 6 of this act shall take effect June 30, 1989.

                                                                            PART III

                                                                 PUBLIC WORKS BOARD

 

 

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 43.155 RCW to read as follows:

          The public works board shall be terminated on June 30, 1994, and its powers and duties transferred to the director of the department of community development.

 

          NEW SECTION.  Sec. 9.  Section 9, chapter 446, Laws of 1985 and RCW 43.155.030, as now existing or hereafter amended, are each repealed, effective June 30, 1994.

                                                                             PART IV

                                              STATE DEVELOPMENT LOAN FUND COMMITTEE

 

 

 

          NEW SECTION.  Sec. 10.  A new section is added to chapter 43.168 RCW to read as follows:

          The Washington state development loan fund committee shall be terminated on June 30, 1994, and its powers and duties transferred to the director of the department of community development.

 

          NEW SECTION.  Sec. 11.  Section 3, chapter 164, Laws of 1985 and RCW 43.168.030, as now existing or hereafter amended, are each repealed, effective June 30, 1994.

 

                                                                             PART V

                                                   STATE ECONOMIC DEVELOPMENT BOARD

 

 

 

          NEW SECTION.  Sec. 12.  The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1991:

          (1) Section 9, chapter 467, Laws of 1985 and RCW 43.240.010;

          (2) Section 10, chapter 467, Laws of 1985 and RCW 43.240.020;

          (3) Section 11, chapter 467, Laws of 1985, section 15, chapter 195, Laws of 1987 and RCW 43.240.030;

          (4) Section 12, chapter 467, Laws of 1985 and RCW 43.240.040;

          (5) Section 13, chapter 467, Laws of 1985 and RCW 43.240.050;

          (6) Section 14, chapter 467, Laws of 1985 and RCW 43.240.060; and

          (7) Section 16, chapter 467, Laws of 1985 and RCW 43.240.070.

                                                                             PART VI

                          COMMITTEE TO STUDY WATER AVAILABILITY IN COLUMBIA BASIN AREA

 

 

 

          NEW SECTION.  Sec. 13.  Section 2, chapter 316, Laws of 1986 (uncodified), as now existing or hereafter amended, is repealed, effective June 30, 1994.

                                                                            PART VII

                                     NATURAL RESOURCES RECREATION ADVISORY COMMITTEE

 

 

 

          NEW SECTION.  Sec. 14.  Section 12, chapter 206, Laws of 1986 and RCW 43.30.380, as now existing or hereafter amended, are each repealed, effective June 30, 1991.

 

                                                                           PART VIII

                                                       LAND BANK ADVISORY COMMITTEE

 

 

 

          NEW SECTION.  Sec. 15.  Section 14, chapter 284, Laws of 1986 and RCW 31.30.140 are each repealed, effective June 30, 1988.

 

                                                                            PART IX

                                                   STATE FIRE PROTECTION POLICY BOARD

 

 

 

          NEW SECTION.  Sec. 16.  A new section is added to chapter 43.131 RCW to read as follows:

          The state fire protection policy board and its powers and duties shall be terminated on June 30, 1996, as provided in section 17 of this act.

 

          NEW SECTION.  Sec. 17.  A new section is added to chapter 43.131 RCW to read as follows:

                   The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1997:

          (1) Section 55, chapter 266, Laws of 1986 and RCW 43.63A.310;

          (2) Section 56, chapter 266, Laws of 1986 and RCW 43.63A.320; and

          (3) Section 57, chapter 266, Laws of 1986 and RCW 43.63A.330.

                                                                             PART X

                                                           MEDAL OF MERIT COMMITTEE

 

 

 

        Sec. 18.  Section 2, chapter 92, Laws of 1986 and RCW 1.40.020 are each amended to read as follows:

          There is created the state medal of merit committee for nominating candidates for the award of the state medal of merit.  The committee ((membership consists of the governor, president of the senate, speaker of the house of representatives, and the chief justice of the supreme court, or their designees.  The secretary of state shall serve as a nonvoting ex officio member, and shall serve as secretary to the committee.  The committee  shall meet annually to consider candidates for nomination.  The committee shall adopt rules establishing the qualifications for the state medal of merit, the protocol governing the decoration, and the appurtenances necessary to the implementation of this chapter)) shall be appointed by the governor.

                                                                            PART XI

                                                       WOODSTOVE ADVISORY COMMITTEE

 

 

 

          NEW SECTION.  Sec. 19.  Section 11, chapter 405, Laws of 1987 and RCW 70.94.487 are each repealed, effective June 30, 1988.

 

                                                                            PART XII

                                                 EMPLOYEE OWNERSHIP ADVISORY PANEL

 

 

 

        Sec. 20.  Section 15, chapter 457, Laws of 1987 and RCW 43.63A.230 are each amended to read as follows:

          (1) The department of community development shall integrate an employee ownership program within its existing technical assistance programs.  The employee ownership program shall provide technical assistance to cooperatives authorized under chapter 23.78 RCW and conduct educational programs on employee ownership and self-management.  The department shall include information on the option of employee ownership wherever appropriate in its various programs.

          (2) ((The director of the department shall form an employee ownership advisory panel to assist in the development of the employee ownership program.  The panel shall consist of representatives of educational institutions; local, regional, and national cooperative and employee-ownership organizations; employee-owned cooperatives; firms with employee stock ownership plans; and associate development organizations.

          (3))) The department shall maintain a list of firms and individuals with expertise in the field of employee ownership and utilize such firms and individuals, as appropriate, in delivering and coordinating the delivery of  technical, managerial, and educational services.  In addition, the department shall work with and rely on the services of the department of trade and economic development, the employment security department, and state institutions of higher education to promote employee ownership.

          (((4))) (3) The department shall report to the governor, the trade and economic development committee of the house of representatives, the commerce and labor committee of the senate, and the ways and means committees of each house by December 1 of 1988, and each year thereafter, on the accomplishments of the employee-ownership program.  Such reports shall include the number and types of firms assisted, the number of jobs created by such firms, the types of services, the number of workshops presented, the number of employees trained, and the results of client satisfaction surveys distributed to those using the services of the program.

          (((5))) (4) For purposes of this section, an employee stock ownership plan qualifies as a cooperative if at least fifty percent, plus one share, of its voting shares of stock are voted on a one-person-one-vote basis.

 

          NEW SECTION.  Sec. 21.    Section 20 of this act shall take effect June 30, 1990.

                                                                           PART XIII

                                                        WINTER RECREATION COMMISSION

 

 

 

          NEW SECTION.  Sec. 22.  The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1994:

                   (1) Section 1, chapter 526, Laws of 1987 and RCW 67.34.011; and

          (2) Section 2, chapter 526, Laws of 1987 and RCW 67.34.021.

                                                                           PART XIV

                                             GRAIN INDEMNITY FUND ADVISORY COMMITTEE

 

 

 

          NEW SECTION.  Sec. 23.  Section 13, chapter 509, Laws of 1987 and RCW 22.09.436, as now existing or hereafter amended, are each repealed, effective June 30, 1995.