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FIFTIETH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Monday, February 28, 1994
The House was called to order at 10:00 a.m. by the Speaker (Representative Heavey presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Lance Noble and Margaret Nordquist. Prayer was offered by Representative Cothern.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
Speaker Ebersole: On the morning of February 28, 1854, (140 years ago today), the first territorial Legislature convened in cramped quarters on the 2nd floor of the Parker-Coulter dry goods store on Main Street (now Capital Way) across the street from the current community center.
There were 9 members in the Council; 18 members in the House.
Average age: 28 years
10 Farmers
7 Lawyers
4 Merchants
No other occupation represented by more than one.
They came on foot, by horseback, by canoe or small boat. There were 4,000 settlers in the territory, which stretched to the Rocky Mountains.
Most well-known today --- probably Arther A. Denny, House member; founder of Seattle. All but a couple of the members had crossed the country by wagon.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
SSCR 8400 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Talmadge, Skratek, Haugen, Owen, A. Smith, Pelz, Bluechel, Winsley and Erwin)
Declaring a sister state relationship with Taiwan.
Referred to Committee on Trade, Economic Development & Housing.
On motion of Representative Peery, the resolution listed on today's introduction sheet under the fourth order of business was referred to the committee so designated.
The Speaker declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
MESSAGES FROM THE SENATE
February 26, 1994
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 2191,
SUBSTITUTE HOUSE BILL NO. 2370,
ENGROSSED HOUSE BILL NO. 2376,
SUBSTITUTE HOUSE BILL NO. 2438,
SUBSTITUTE HOUSE BILL NO. 2608,
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 2178,
and the same is herewith transmitted.
Marty Brown, Secretary
Mr. Speaker:
The Senate has adopted:
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8400,
Brad Hendrickson, Deputy Secretary
February 28, 1994
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 2430,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, the House advanced to the eighth order of business.
RESOLUTIONS
HOUSE RESOLUTION NO. 94-4712, by Representatives Veloria, Wineberry, G. Cole, Jacobsen, J. Kohl and Anderson
WHEREAS, Vincent de la Victoria Bacho was eighty-seven years old when he passed away in his home on February 14th; and
WHEREAS, He was an early pioneer on the farms and in the canneries of the Pacific Northwest; and
WHEREAS, He was born in Tanque, in the province of Cebu, in the Philippines, and emigrated to the United States aboard the S.S. President Cleveland when he was sixteen years old; and
WHEREAS, From the early 1920's he worked as a farmhand up and down the West Coast, and as a foreman in an Alaskan salmon cannery; and
WHEREAS, He eventually earned his certification as an electrical welder, and became highly respected and revered as a forty-year member of the International Association of Machinists and Aerospace Workers, Lodge No. 289; and
WHEREAS, He fought for the civil rights and liveable working conditions for the cannery workers around the Pacific Northwest region; and
WHEREAS, He was a leader of Seattle's Filipino community and cofounded the Pacific Northwest's only drop-in center for Asian and Pacific Islander elderly, located in Seattle's International District; and
WHEREAS, Through his hard work, commitment, strength, and perseverance he helped to develop and maintain the enduring viability of the Pacific Northwest region's agricultural industries; and
WHEREAS, He was admired throughout his life as a man of principle who worked tirelessly to secure prosperity for his family, community, and fellow workers; and
WHEREAS, He is survived by his wife Reme, sons Norris and Peter, daughter Irma, brother Vic, and grandchildren Anna, Alex, Leslie, and Lindsey;
NOW, THEREFORE, BE IT RESOLVED, That on this day, February 21, 1994, we, the members of the Washington State House of Representatives, duly commemorate Vincent de la Victoria Bacho for his exemplary strength of character and his contributions to the agricultural industries of Washington State; and
BE IT FURTHER RESOLVED, That we, the members of the Washington State House of Representatives, continue to preserve and cherish his memory by upholding the values of family, community, and hard work; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Vincent de al Victoria Bacho's wife Reme, sons Norris and Peter, daughter Irma, brother Vic, and grandchildren Anna, Alex, Leslie, and Lindsey.
Representative Veloria moved adoption of the resolution. Representatives Veloria, Wineberry, Jones and Shin spoke in favor of adoption of the resolution.
House Resolution No. 4712 was adopted.
HOUSE RESOLUTION NO. 94-4714, by Representatives Basich, Rust, Quall, Linville, Kessler, Brumsickle and Ballasiotes
WHEREAS, Dance is the oldest of the arts, reflecting one of the most personal and effective means of communication; and
WHEREAS, Almost all important occasions in life are celebrated by dancing; and
WHEREAS, Everyone, young and old, has enjoyed ballroom, ballet, jazz, folk, modern, ethnic, square, round, tap, mashed potato, disco, break, dirty dancing, lambada, cowboy cha-cha, Texas two-step, reggae, and including the latest craze, hip-hop and country western and line dancing, and will continue to enjoy these and other dances forever; and
WHEREAS, Dancing is both an art form and a form of recreation providing fun, exercise, relaxation, and companionship; and
WHEREAS, Dancing helps people get over life's little humps with grace and flair, and helps them stay young as long as they can; and
WHEREAS, National Ballroom Dance competitors Monique and Robert Hrouda of Seattle; the Evergreen Country Dancers; and others will be performing in the Rotunda of our Legislative Building from 12:15 to 1:00 p.m. today, and welcomes everyone to join in at 12:45 p.m.;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and honor dancing and the contributions it has made to the lives of the people of Washington, and the members urge everyone to go out and dance their socks off.
Representative Basich moved the adoption of the resolution. Representatives Basich and Lemmon spoke in favor of adoption of the resolution.
House Resolution No. 4714 was adopted.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker (Representative Dunshee presiding) called the House to order.
There being no objection, the House reverted to the third order of business.
MESSAGE FROM THE SENATE
February 28, 1994
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1090,
SUBSTITUTE HOUSE BILL NO. 1339,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2388,
SUBSTITUTE HOUSE BILL NO. 2443,and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, the House advanced to the fourth order of business.
SUPPLEMENTAL INTRODUCTIONS AND FIRST READING
HB 2920 by Representative Dellwo; by request of Department of Revenue
AN ACT Relating to the business and occupation tax on hospitals; amending RCW 82.04.030, 82.04.260, and 82.04.4297; and providing an effective date.
Referred to Committee on Revenue.
On motion of Representative Peery, the bill listed on today's supplemental introduction sheet under the fourth order of business was referred to the committee so designated.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
February 28, 1994
HB 2918 Prime Sponsor, Representative Peery: Changing education provisions. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment:
On page 1, line 9, after "development" insert ",site council preparation"
On page 1, line 9 after "planning" strike "or other activities by the school community"
On page 2, line 31, after "planning" insert ",site council preparation"
On page 2, line 32 after "classified staff" strike ", and for other activities consistent with the purpose of the grant program"
On page 2, beginning on line 16, after "the grant application" strike all material down to and including "(b)" on line 19
On page 2, beginning on line 21, after "waive" strike "conditions in (b) of" and insert "the nonsubstitution condition in"
Signed by Representatives Sommers, Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representatives Valle; Vice Chair, Basich and Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
2SSB 5372 Prime Sponsor, Committee on Government Operations: Changing multiple tax provisions. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment by Committee on Revenue and without amendment by Committee on Local Government:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 3.02.045 and 1987 c 266 s 1 are each amended to read as follows:
(1) Courts of limited jurisdiction may use collection agencies under chapter 19.16 RCW for purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the courts. Courts of limited jurisdiction may enter into agreements with one or more attorneys or collection agencies for collection of outstanding penalties, fines, costs, assessments, and forfeitures. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate.
(2) Courts of limited jurisdiction may use credit cards or debit cards for purposes of billing and collecting unpaid penalties, fines, costs, assessments, and forfeitures so imposed. Courts of limited jurisdiction may enter into agreements with one or more financial institutions for the purpose of the collection of penalties, fines, costs, assessments, and forfeitures. The agreements may specify conditions, remuneration for services, and other charges deemed appropriate.
(3) Servicing of delinquencies by collection agencies or by collecting attorneys in which the court retains control of its delinquencies shall not constitute assignment of debt.
(4) For purposes of this section, the term debt shall include penalties, fines, costs, assessments, or forfeitures imposed by the courts.
(5) The court may assess as court costs the moneys paid for remuneration for services or charges paid to collecting attorneys, to collection agencies, or, in the case of credit cards, to financial institutions.
Sec. 2. RCW 9.46.110 and 1991 c 161 s 1 are each amended to read as follows:
The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules and regulations promulgated hereunder, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the same: PROVIDED, That any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located therein but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county: PROVIDED FURTHER, That (1) punch boards and pull-tabs, chances on which shall only be sold to adults, which shall have a fifty cent limit on a single chance thereon, shall be taxed on a basis which shall reflect only the gross receipts from such punch boards and pull-tabs; and (2) no punch board or pull-tab may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; and (3) all prizes for punch boards and pull-tabs must be on display within the immediate area of the premises wherein any such punch board or pull-tab is located and upon a winning number or symbol being drawn, such prize must be immediately removed therefrom, or such omission shall be deemed a fraud for the purposes of this chapter; and (4) when any person shall win over twenty dollars in money or merchandise from any punch board or pull-tab, every licensee hereunder shall keep a public record thereof for at least ninety days thereafter containing such information as the commission shall deem necessary: AND PROVIDED FURTHER, That taxation of bingo and raffles shall never be in an amount greater than ten percent of the gross revenue received therefrom less the amount paid for or as prizes. Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross revenue therefrom less the amount paid for as prizes: PROVIDED FURTHER, That no tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross income from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount paid for as prizes. No tax shall be imposed on the first ten thousand dollars of net proceeds from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. Taxation of punch boards and pull-tabs shall not exceed five percent of gross receipts, nor shall taxation of social card games exceed twenty percent of the gross revenue from such games.
Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes.
Sec. 3. RCW 28A.315.440 and 1975 1st ex.s. c 275 s 99 are each amended to read as follows:
Upon receipt of the aforesaid certificate, it shall be the duty of the ((board of county commissioners)) county legislative authority of each county to levy on all taxable property of that part of the joint school district which lies within the county a tax sufficient to raise the amount necessary to meet the county's proportionate share of the estimated expenditures of the joint district, as shown by the certificate of the educational service district superintendent of the district to which the joint school district belongs. Such taxes shall be levied and collected in the same manner as other taxes are levied and collected, and the proceeds thereof shall be forwarded ((quarterly)) monthly by the treasurer of each county, other than the county to which the joint district belongs, to the treasurer of the county to which such district belongs and shall be placed to the credit of said district. The treasurer of the county to which a joint school district belongs is hereby declared to be the treasurer of such district.
Sec. 4. RCW 35.49.130 and 1965 c 7 s 35.49.130 are each amended to read as follows:
((In county foreclosures for delinquency in the payment of general taxes, the county treasurer shall mail a copy of the published summons to the treasurer of every city and town within which any property involved in the foreclosure proceeding is situated. The copy of the summons shall be mailed within fifteen days after the first publication thereof, but the county treasurer's failure to do so shall not affect the jurisdiction of the court nor the priority of the tax sought to be foreclosed.))
If any property situated in a local improvement district or utility local improvement district created by a city or town is offered for sale for general taxes by the county treasurer, the city or town shall have power to protect the lien or liens of any local improvement assessments outstanding against the whole or portion of such property by purchase ((thereof or otherwise)) at the treasurer's foreclosure sale.
Sec. 5. RCW 36.17.042 and 1977 c 42 s 1 are each amended to read as follows:
In addition to the pay periods permitted under RCW 36.17.040, the legislative authority of any county may establish a biweekly pay period where county officers and employees receive their compensation not later than seven days following the end of each two week pay period for services rendered during that pay period.
However, in a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW, the county legislative authority may establish a biweekly pay period where the county officers and employees receive their compensation not later than thirteen days following the end of each two-week pay period for services rendered during that pay period.
Sec. 6. RCW 36.21.011 and 1973 1st ex.s. c 11 s 1 are each amended to read as follows:
Any assessor who deems it necessary to enable him or her to complete the listing and the valuation of the property of his or her county within the time prescribed by law, (1) may appoint one or more well qualified persons to act as ((his)) assistants or deputies who shall not engage in the private practice of appraising within the county ((in which he is)) where employed without the written permission of the county assessor filed with the county auditor; and each such assistant or deputy so appointed shall, under the direction of the assessor, after taking the required oath, perform all the duties enjoined upon, vested in or imposed upon assessors, and (2) may contract with any persons, firms or corporations, who are expert appraisers, to assist in the valuation of property.
To assist each assessor in obtaining adequate and well qualified assistants or deputies, the state department of personnel, after consultation with the Washington state association of county assessors, the Washington state association of counties, and the department of revenue, shall establish by July 1, 1967, and shall thereafter maintain, a classification and salary plan for those employees of an assessor who act as appraisers. The plan shall recommend the salary range and employment qualifications for each position encompassed by it, and shall, to the fullest extent practicable, conform to the classification plan, salary schedules and employment qualifications for state employees performing similar appraisal functions.
((If)) An assessor who intends to put such plan into effect ((in his county, he)) shall inform the department of revenue and the ((board of)) county ((commissioners)) legislative authority of this intent in writing. The department of revenue and the ((board)) authority may thereupon each designate a representative, and such representative or representatives as may be designated by the department of revenue or the ((board)) legislative authority, or both, shall form with the assessor a committee. The committee so formed may, by unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to enable the county assessor to carry out the requirements relating to revaluation of property in chapter 84.41 RCW. The determination of the committee shall be certified to the ((board of)) county ((commissioners)) legislative authority. The committee provided for herein may be formed only once in a period of four calendar years.
After such determination, the assessor may provide, in each of ((his)) the four next succeeding annual budget estimates, for as many positions as are established in such determination. Each ((board of)) county ((commissioners)) legislative authority to which such a budget estimate is submitted shall allow sufficient funds for such positions. An employee may be appointed to a position covered by the plan only if the employee meets the employment qualifications established by the plan.
Sec. 7. RCW 36.29.010 and 1991 c 245 s 4 are each amended to read as follows:
The county treasurer:
(1) Shall receive all money due the county and disburse it on warrants issued and attested by the county auditor;
(2) Shall issue a receipt in duplicate for all money received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt and the duplicate shall be retained by the treasurer;
(3) Shall affix on the face of all paid warrants the date of redemption or, in the case of proper contract between the treasurer and a qualified public depositary, the treasurer may consider the date affixed by the financial institution as the date of redemption;
(4) Shall indorse, before the date of issue by the county or by any taxing district for whom the county treasurer acts as treasurer, on the face of all warrants for which there are not sufficient funds for payment, "interest bearing warrant." ((and)) When there are funds to redeem outstanding warrants, the county treasurer shall give notice:
(a) By publication in a legal newspaper published or circulated in the county; or
(b) By posting at three public places in the county if there is no such newspaper; or
(c) By notification to the financial institution holding the warrant;
(5) Shall pay interest on all interest-bearing warrants from the date of issue to the date of notification;
(6) Shall maintain financial records reflecting receipts and disbursement by fund in accordance with generally accepted accounting principles;
(7) Shall account for and pay all bonded indebtedness for the county and all special districts for which the county treasurer acts as treasurer;
(8) Shall invest all funds of the county or any special district in the treasurer's custody, not needed for immediate expenditure, in a manner consistent with appropriate statutes. If cash is needed to redeem warrants issued from any fund in the custody of the treasurer, the treasurer shall liquidate investments in an amount sufficient to cover such warrant redemptions; and
(9) May provide certain collection services for county departments.
The treasurer, at the expiration of the term of office, shall make a complete settlement with the county legislative authority, and shall deliver to the successor all public money, books, and papers in the treasurer's possession.
Sec. 8. RCW 36.32.120 and 1993 c 83 s 9 are each amended to read as follows:
The legislative authorities of the several counties shall:
(1) Provide for the erection and repairing of court houses, jails, and other necessary public buildings for the use of the county;
(2) Lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within cities and towns which have jurisdiction over the roads within their limits;
(3) License and fix the rates of ferriage; grant grocery and other licenses authorized by law to be by them granted at fees set by the legislative authorities which shall not exceed the costs of administration and operation of such licensed activities;
(4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law((: PROVIDED, That the legislative authority of a county may permit all moneys, assessments, and taxes belonging to or collected for the use of the state or any county, including any amounts representing estimates for future assessments and taxes, to be deposited by any taxpayer prior to the due date thereof with the treasurer or other legal depository for the benefit of the funds to which they belong to be credited against any future tax or assessment that may be levied or become due from the taxpayer: PROVIDED FURTHER, That the taxpayer, with the concurrence of the county legislative authority, may designate the particular fund against which such prepayment of future tax or assessment shall be credited));
(5) Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit;
(6) Have the care of the county property and the management of the county funds and business and in the name of the county prosecute and defend all actions for and against the county, and such other powers as are or may be conferred by law;
(7) Make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and within the unincorporated area of the county may adopt by reference Washington state statutes and recognized codes and/or compilations printed in book form relating to the construction of buildings, the installation of plumbing, the installation of electric wiring, health, or other subjects, and may adopt such codes and/or compilations or portions thereof, together with amendments thereto, or additions thereto: PROVIDED, That except for Washington state statutes, there shall be filed in the county auditor's office one copy of such codes and compilations ten days prior to their adoption by reference, and additional copies may also be filed in library or city offices within the county as deemed necessary by the county legislative authority: PROVIDED FURTHER, That no such regulation, code, compilation, and/or statute shall be effective unless before its adoption, a public hearing has been held thereon by the county legislative authority of which at least ten days' notice has been given. Any violation of such regulations, ordinances, codes, compilations, and/or statutes or resolutions shall constitute a misdemeanor or a civil violation subject to a monetary penalty: PROVIDED FURTHER, That violation of a regulation, ordinance, code, compilation, and/or statute relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/or statute equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime and no act that is a state crime may be made a civil violation. The notice must set out a copy of the proposed regulations or summarize the content of each proposed regulation; or if a code is adopted by reference the notice shall set forth the full official title and a statement describing the general purpose of such code. For purposes of this subsection, a summary shall mean a brief description which succinctly describes the main points of the proposed regulation. When the county publishes a summary, the publication shall include a statement that the full text of the proposed regulation will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of a proposed regulation shall not render the regulation invalid if it is adopted. The notice shall also include the day, hour, and place of hearing and must be given by publication in the newspaper in which legal notices of the county are printed;
(8) Have power to compound and release in whole or in part any debt due to the county when in their opinion the interest of their county will not be prejudiced thereby, except in cases where they or any of them are personally interested;
(9) Have power to administer oaths or affirmations necessary in the discharge of their duties and commit for contempt any witness refusing to testify before them with the same power as district judges.
Sec. 9. RCW 39.44.130 and 1985 c 84 s 2 are each amended to read as follows:
(1) The duties prescribed in this chapter as to the registration of bonds of any city or town shall be performed by the treasurer thereof, and as to those of any county, port or school district by the county treasurer of the county in which such port or school district lies; but any ((county, city, town, port or school district may designate by resolution any other officer for the performance of such duties, and any county, city, town, port or school district)) treasurer as defined in RCW 39.46.020 may designate ((by resolution)) its legally designated fiscal agency or agencies for the performance of such duties, after making arrangements with such fiscal agency therefor, which arrangements may include provision for the payment by the bond owner of a fee for each registration.
(2) ((Local government units for which the county treasurer serves as ex officio treasurer of the district may, with the consent of the county treasurer, appoint the county treasurer to serve as the fiscal agency. If such local government units decide to utilize the services of a fiscal agency other than the county treasurer, the county treasurer shall be notified at the time the decision is made.)) The county treasurer as ex officio treasurer of a special district shall act as fiscal agent or may appoint the fiscal agent to be used by the county.
Sec. 10. RCW 39.46.020 and 1983 c 167 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Bond" means any agreement which may or may not be represented by a physical instrument, including notes, warrants, or certificates of indebtedness, that evidences an indebtedness of the state or a local government or a fund thereof, where the state or local government agrees to pay a specified amount of money, with or without interest, at a designated time or times to either registered owners or bearers.
(2) "Local government" means any county, city, town, special purpose district, political subdivision, municipal corporation, or quasi municipal corporation, including any public corporation created by such an entity.
(3) "Obligation" means an agreement that evidences an indebtedness of the state or a local government, other than a bond, and includes, but is not limited to, conditional sales contracts, lease obligations, and promissory notes.
(4) "State" includes the state, agencies of the state, and public corporations created by the state or agencies of the state.
(5) "Treasurer" means the state treasurer, county treasurer, city treasurer, or treasurer of any other municipal corporation.
Sec. 11. RCW 39.46.030 and 1985 c 84 s 1 are each amended to read as follows:
(1) The state and local governments are authorized to establish a system of registering the ownership of their bonds or other obligations as to principal and interest, or principal only. Registration may include, without limitation: (a) A book entry system of recording the ownership of a bond or other obligation whether or not a physical instrument is issued; or (b) recording the ownership of a bond or other obligation together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond or other obligation and either the reissuance of the old bond or other obligation or the issuance of a new bond or other obligation to the new owner.
(2) The system of registration shall define the method or methods by which transfer of the registered bonds or other obligations shall be effective, and by which payment of principal and any interest shall be made. The system of registration may permit the issuance of bonds or other obligations in any denomination to represent several registered bonds or other obligations of smaller denominations. The system of registration may also provide for any writing relating to a bond or other obligation that is not issued as a physical instrument, for identifying numbers or other designations, for a sufficient supply of certificates for subsequent transfers, for record and payment dates, for varying denominations, for communications to the owners of bonds or other obligations, for accounting, canceled certificate destruction, registration and release of securing interests, and for such other incidental matters pertaining to the registration of bonds or other obligations as the issuer may deem to be necessary or appropriate.
(3)(a) The state treasurer or a local ((government)) treasurer may appoint (i) one or more of the fiscal agencies appointed from time to time by the state finance committee in accordance with chapter 43.80 RCW or (ii) other fiscal agents to act with respect to an issue of its bonds or other obligations as authenticating trustee, transfer agent, registrar, and paying or other agent and specify the rights and duties and means of compensation of any such fiscal agency so acting. The state ((and)) treasurer or local ((governments)) treasurers may also enter into agreements with the fiscal agency or agencies in connection with the establishment and maintenance by such fiscal agency or agencies of a central depository system for the transfer or pledge of bonds or other obligations.
(b) ((Local government units for which the county treasurer serves as ex officio treasurer of the district may, with the consent of the county treasurer, appoint the county treasurer to serve as the fiscal agency. If such local government units decide to utilize the services of a fiscal agency other than the county treasurer, the county treasurer shall be notified at the time the decision is made.)) The county treasurer as ex officio treasurer of a special district shall act as fiscal agent for such special district, unless the county treasurer appoints either one or more of the fiscal agencies appointed from time to time by the state finance committee in accordance with chapter 43.80 RCW or other fiscal agents selected in a manner consistent with RCW 43.80.120 to act with respect to an issue of its bonds or other obligations as authenticating trustee, transfer agent, registrar, and paying or other agent and specify the rights and duties and means of compensation of any such fiscal agency.
(4) Nothing in this section precludes the issuer, or a trustee appointed by the issuer pursuant to any other provision of law, from itself performing, either alone or jointly with other issuers, fiscal agencies, or trustees, any transfer, registration, authentication, payment, or other function described in this section.
Sec. 12. RCW 39.46.110 and 1984 c 186 s 2 are each amended to read as follows:
(1) General obligation bonds of local governments shall be subject to this section. Unless otherwise stated in law, the maximum term of any general obligation bond issue shall be forty years.
(2) General obligation bonds constitute an indebtedness of the local government issuing the bonds that are subject to the indebtedness limitations provided in Article VIII, section 6 of the state Constitution and are payable from tax revenues of the local government and such other money lawfully available and pledged or provided by the governing body of the local government for that purpose. Such governing body may pledge the full faith, credit and resources of the local government for the payment of general obligation bonds. The payment of such bonds shall be enforceable in mandamus against the local government and its officials. The officials now or hereafter charged by law with the duty of levying taxes pledged for the payment of general obligation bonds and interest thereon shall, in the manner provided by law, make an annual levy of such taxes sufficient together with other moneys lawfully available and pledge therefor to meet the payments of principal and interest on said bonds as they come due.
(3) General obligation bonds issued as physical instruments shall be executed in the manner determined by the governing body or legislative body of the issuer. If the issuer is a special district for which the county treasurer is the treasurer, the issuer shall notify the county treasurer at least thirty days in advance of authorizing the issuance of bonds or the incurrence of other certificates of indebtedness.
(4) Unless another statute specifically provides otherwise, the owner of a general obligation bond, or the owner of an interest coupon, issued by a local government shall not have any claim against the state arising from the general obligation bond or interest coupon.
(5) As used in this section, the term "local government" means every unit of local government, including municipal corporations, quasi municipal corporations, and political subdivisions, where property ownership is not a prerequisite to vote in the local government's elections.
Sec. 13. RCW 39.50.030 and 1985 c 71 s 1 are each amended to read as follows:
(1) The issuance of short-term obligations shall be authorized by ordinance of the governing body which ordinance shall fix the maximum amount of the obligations to be issued or, if applicable, the maximum amount which may be outstanding at any time, the maximum term and interest rate or rates to be borne thereby, the manner of sale, maximum price, form including bearer or registered as provided in RCW 39.46.030, terms, conditions, and the covenants thereof. The ordinance may provide for designation and employment of a paying agent for the short-term obligations and may authorize a designated representative of the municipal corporation, or if the county, the county treasurer to act on its behalf and subject to the terms of the ordinance in selling and delivering short-term obligations authorized and fixing the dates, price, interest rates, and other details as may be specified in the ordinance. Short-term obligations issued under this section shall bear such fixed or variable rate or rates of interest as the governing body considers to be in the best interests of the municipal corporation. Variable rates of interest may be fixed in relationship to such standard or index as the governing body designates.
The governing body may make contracts for the future sale of short-term obligations pursuant to which the purchasers are committed to purchase the short-term obligations from time to time on the terms and conditions stated in the contract, and may pay such consideration as it considers proper for the commitments. Short-term obligations issued in anticipation of the receipt of taxes shall be paid within six months from the end of the fiscal year in which they are issued. For the purpose of this subsection, short-term obligations issued in anticipation of the sale of general obligation bonds shall not be considered to be obligations issued in anticipation of the receipt of taxes.
(2) Notwithstanding subsection (1) of this section, such short-term obligations may be issued and sold in accordance with chapter 39.46 RCW.
Sec. 14. RCW 43.80.125 and 1985 c 84 s 3 are each amended to read as follows:
(1) The fiscal agencies designated pursuant to RCW 43.80.110 and 43.80.120 may be appointed by the state treasurer or a local ((government)) treasurer to act as registrar, authenticating agent, transfer agent, paying agent, or other agent in connection with the issuance by the state or local government of registered bonds or other obligations pursuant to a system of registration as provided by RCW 39.46.030 and may establish and maintain on behalf of the state or local government a central depository system for the transfer or pledge of bonds or other obligations. The term "local government" shall be as defined in RCW 39.46.020.
(2) Whenever in the judgment of the fiscal agencies, certain services as registrar, authenticating agent, transfer agent, paying agent, or other agent in connection with the establishment and maintenance of a central depository system for the transfer or pledge of registered public obligations, or in connection with the issuance by any public entity of registered public obligations pursuant to a system of registration as provided in chapter 39.46 RCW, can be secured from private sources more economically than by carrying out such duties themselves, they may contract out all or any of such services to such private entities as such fiscal agencies deem capable of carrying out such duties in a responsible manner.
(((3) Local government units for which the county treasurer serves as ex officio treasurer of the district may, with the consent of the county treasurer, appoint the county treasurer to serve as the fiscal agency. If such local government units decide to utilize the services of a fiscal agency other than the county treasurer, the county treasurer shall be notified at the time the decision is made.))
Sec. 15. RCW 46.44.175 and 1985 c 22 s 2 are each amended to read as follows:
Failure of any person or agent acting for a person who causes to be moved or moves a mobile home as defined in RCW 46.04.302 upon public highways of this state and failure to comply with any of the provisions of RCW 46.44.170 and 46.44.173 is a traffic infraction for which a penalty of not less than one hundred dollars or more than five hundred dollars shall be assessed. In addition to the above penalty, the department of transportation or local authority may withhold issuance of a special permit or suspend a continuous special permit as provided by RCW 46.44.090 and 46.44.093 for a period of not less than thirty days.
Any person who shall alter, re-use, transfer, or forge the decal required by RCW 46.44.170, or who shall display a decal knowing it to have been forged, re-used, transferred, or altered, shall be guilty of a gross misdemeanor.
Any person or agent who is denied a special permit or whose special permit is suspended may upon request receive a hearing before the department of transportation or the local authority having jurisdiction. The department or the local authority after such hearing may revise its previous action.
Sec. 16. RCW 58.08.040 and 1991 c 245 s 14 are each amended to read as follows:
Any person filing a plat, replat, altered plat, or binding site plan subsequent to May 31st in any year and prior to the date of the collection of taxes in the ensuing year, shall deposit with the county treasurer a sum equal to the product of the county assessor's latest valuation on the ((unimproved)) property less improvements in such subdivision multiplied by the current year's dollar rate increased by twenty-five percent on the property platted. The treasurer's receipt shall be evidence of the payment. The treasurer shall appropriate so much of the deposit as will pay the taxes on the property when the ((tax rolls)) levy rates are certified by the assessor ((for collection)) using the value of the property at the time of filing a plat, replat, altered plat, or binding site plan, and in case the sum deposited is in excess of the amount necessary for the payment of the taxes, the treasurer shall return, to the party depositing, the amount of excess.
NEW SECTION. Sec. 17. A new section is added to chapter 82.03 RCW to read as follows:
In all appeals taken pursuant to RCW 84.08.130 the assessor or taxpayer shall submit evidence of comparable sales to be used in a hearing to the board and to all parties at least ten business days in advance of such hearing. Failure to comply with the requirements set forth in this section shall be grounds for the board, upon objection, to continue the hearing or refuse to consider evidence not timely submitted.
Sec. 18. RCW 84.08.130 and 1992 c 206 s 10 are each amended to read as follows:
(1) Any taxpayer or taxing unit feeling aggrieved by the action of any county board of equalization may appeal to the board of tax appeals by filing with the ((county auditor)) board of tax appeals a notice of appeal ((in duplicate)) within thirty days after the mailing of the decision of such board of equalization, which notice shall specify the actions complained of((, and said auditor shall forthwith transmit one of said notices to the board of tax appeals)); and in like manner any county assessor may appeal to the board of tax appeals from any action of any county board of equalization. There shall be no fee charged for the filing of an appeal. The petitioner shall ((provide)) serve a copy of the notice of appeal ((to)) on all named parties within the same thirty-day time period ((provided in the rules of practice and procedure of the board of tax appeals)). Appeals which are not filed and served as provided in this section shall be ((continued or)) dismissed. The board of tax appeals shall require the board appealed from to file a true and correct copy of its decision in such action and all evidence taken in connection therewith, and may receive further evidence, and shall make such order as in its judgment is just and proper. An appeal of an action by a county board of equalization shall be deemed to have been filed and served within the thirty-day period if it is postmarked on or before the thirtieth day after the mailing of the decision of the board of equalization.
(2) The board of tax appeals may enter an order, pursuant to subsection (1) of this section, that has effect up to the end of the assessment cycle used by the assessor, if there has been no intervening change in the value during that time.
Sec. 19. RCW 84.08.140 and 1975 1st ex.s. c 278 s 157 are each amended to read as follows:
Any taxpayer feeling aggrieved by the levy or levies of any taxing district except levies authorized by a vote of the ((people)) voters of the district may appeal therefrom to the department of revenue as hereinafter provided. Such taxpayer, upon the execution of a bond, with two or more sufficient sureties to be approved by the county auditor, payable to the state of Washington, in the penal sum of two hundred dollars and conditioned that if the petitioner shall fail in his appeal for a reduction of said levy or levies ((he)) the taxpayer will pay the taxable costs of the hearings hereinafter provided, not exceeding the amount of such bond, may file a written complaint with the county auditor wherein such taxing district is located not later than ten days after the making and entering of such levy or levies, setting forth in such form and detail as the department of revenue shall by general rule prescribe, ((his)) the taxpayer's objections to such levy or levies. Upon the filing of such complaint, the county auditor shall immediately transmit a certified copy thereof, together with a copy of the budget or estimates of such taxing district as finally adopted, including estimated revenues and such other information as the department of revenue shall by rule require, to the department of revenue. The department of revenue shall fix a date for a hearing on said complaint at the earliest convenient time after receipt of said record, which hearing shall be held in the county in which said taxing district is located, and notice of such hearing shall be given to the officials of such taxing district, charged with determining the amount of its levies, and to the taxpayer on said complaint by registered mail at least five days prior to the date of said hearing. At such hearings all interested parties may be heard and the department of revenue shall receive all competent evidence. After such hearing, the department of revenue shall either affirm or decrease the levy or levies complained of, in accordance with the evidence, and shall thereupon certify its action with respect thereto to the county auditor, who, in turn, shall certify it to the taxing district or districts affected, and the action of the department of revenue with respect to such levy or levies shall be final and conclusive.
Sec. 20. RCW 84.12.270 and 1975 1st ex.s. c 278 s 165 are each amended to read as follows:
The department of revenue shall annually make an assessment of the operating property of all companies; and between the fifteenth day of March and the first day of July of each of said years shall prepare an assessment roll upon which it shall enter and assess the true ((cash)) and fair value of all the operating property of each of such companies as of the first day of January of the year in which the assessment is made. For the purpose of determining the true ((cash)) and fair value of such property the department of revenue may inspect the property belonging to said companies and may take into consideration any information or knowledge obtained by it from such examination and inspection of such property, or of the books, records and accounts of such companies, the statements filed as required by this chapter, the reports, statements or returns of such companies filed in the office of any board, office or commission of this state or any county thereof, the earnings and earning power of such companies, the franchises owned or used by such companies, the assessed valuation of any and all property of such companies, whether operating or nonoperating property, and whether situated within or outside the state, and any other facts, evidence or information that may be obtainable bearing upon the value of the operating property: PROVIDED, That in no event shall any statement or report required from any company by this chapter be conclusive upon the department of revenue in determining the amount, character and true ((cash)) and fair value of the operating property of such company.
Sec. 21. RCW 84.12.310 and 1975 1st ex.s. c 278 s 167 are each amended to read as follows:
For the purpose of determining the system value of the operating property of any such company, the department of revenue shall deduct from the ((actual cash)) true and fair value of the total assets of such company, the actual cash value of all nonoperating property owned by such company. For such purpose the department of revenue may require of the assessors of the various counties within this state a detailed list of such company's properties assessed by them, together with the assessable or assessed value thereof: PROVIDED, That such assessed or assessable value shall be advisory only and not conclusive on the department of revenue as to the value thereof.
Sec. 22. RCW 84.12.330 and 1975 1st ex.s. c 278 s 168 are each amended to read as follows:
Upon the assessment roll shall be placed after the name of each company a general description of the operating property of the company, which shall be considered sufficient if described in the language of subdivision (17) of RCW 84.12.200, as applied to said company, following which shall be entered the ((actual cash)) true and fair value of the operating property as determined by the department of revenue. No assessment shall be invalidated by reason of a mistake in the name of the company assessed, or the omission of the name of the owner or by the entry as owner of a name other than that of the true owner. When the department of revenue shall have prepared the assessment roll and entered thereon the ((actual cash)) true and fair value of the operating property of the company, as herein required, it shall notify the company by mail of the valuation determined by it and entered upon said roll.
Sec. 23. RCW 84.12.350 and 1967 ex.s. c 26 s 17 are each amended to read as follows:
Upon determination by the department of revenue of the true and ((correct actual cash)) fair value of the property appearing on such rolls it shall apportion such value to the respective counties entitled thereto, as hereinafter provided, and shall determine the equalized assessed valuation of such property in each such county and in the several taxing districts therein, by applying to such actual apportioned value the same ratio as the ratio of assessed to actual value of the general property in such county: PROVIDED, That, whenever the amount of the true and correct value of the operating property of any company otherwise apportionable to any county or other taxing district shall be less than two hundred fifty dollars, such amount need not be apportioned to such county or taxing district but may be added to the amount apportioned to an adjacent county or taxing district.
Sec. 24. RCW 84.12.360 and 1987 c 153 s 3 are each amended to read as follows:
The ((actual cash)) true and fair value of the operating property assessed to a company, as fixed and determined by the ((state board)) department of ((equalization)) revenue, shall be apportioned by the department of revenue to the respective counties and to the taxing districts thereof wherein such property is located in the following manner:
(1) Property of ((steam, suburban, and interurban)) all railroad companies other than street railroad companies, telegraph companies and pipe line companies--upon the basis of that proportion of the value of the total operating property within the state which the mileage of track, as classified by the department of revenue (in case of railroads), mileage of wire (in the case of telegraph companies), and mileage of pipe line (in the case of pipe line companies) within each county or taxing district bears to the total mileage thereof within the state, at the end of the calendar year last past. For the purpose of such apportionment the department may classify railroad track.
(2) Property of street railroad companies, telephone companies, electric light and power companies, gas companies, water companies, heating companies and toll bridge companies--upon the basis of relative value of the operating property within each county and taxing district to the value of the total operating property within the state to be determined by such factors as the department of revenue shall deem proper.
(3) Planes or other aircraft of airplane companies and watercraft of steamboat companies--upon the basis of such factor or factors of allocation, to be determined by the department of revenue, as will secure a substantially fair and equitable division between counties and other taxing districts.
All other property of airplane companies and steamboat companies--upon the basis set forth in ((subdivision)) subsection (2) ((hereof)) of this section.
The basis of apportionment with reference to all public utility companies above prescribed shall not be deemed exclusive and the department of revenue in apportioning values of such companies may also take into consideration such other information, facts, circumstances, or allocation factors as will enable it to make a substantially just and correct valuation of the operating property of such companies within the state and within each county thereof.
Sec. 25. RCW 84.12.370 and 1975 1st ex.s. c 278 s 171 are each amended to read as follows:
When the ((state board)) department of ((equalization)) revenue shall have determined the equalized assessed value of the operating property of each company in each of the respective counties and in the taxing districts thereof, as hereinabove provided, the department of revenue shall certify such equalized assessed value to the county assessor of the proper county. The county assessor shall enter the company's real operating property upon the real property tax rolls and the company's personal operating property upon the personal property tax rolls of ((his)) the county, together with the values so apportioned, and the same shall be and constitute the assessed valuation of the operating property of the company in such county and the taxing districts therein for that year, upon which taxes shall be levied and collected in the same manner as on the general property of such county.
Sec. 26. RCW 84.16.040 and 1975 1st ex.s. c 278 s 179 are each amended to read as follows:
The department of revenue shall annually make an assessment of the operating property of each private car company; and between the first day of May and the first day of July of each of said years shall prepare an assessment roll upon which it shall enter and assess the true ((cash)) and fair value of all the operating property of each of such companies as of the first day of January of the year in which the assessment is made. For the purpose of determining the true ((cash)) and fair value of such property the department of revenue may take into consideration any information or knowledge obtained by it from an examination and inspection of such property, or of the books, records and accounts of such companies, the statements filed as required by this chapter, the reports, statements or returns of such companies filed in the office of any board, office or commission of this state or any county thereof, the earnings and earning power of such companies, the franchises owned or used by such companies, the assessed valuation of any and all property of such companies, whether operating property or nonoperating property, and whether situated within or without the state, and any other facts, evidences or information that may be obtainable bearing upon the value of the operating property: PROVIDED, That in no event shall any statement or report required from any company by this chapter be conclusive upon the department of revenue in determining the amount, character and true ((cash)) and fair value of the operating property of such company.
Sec. 27. RCW 84.16.050 and 1975 1st ex.s. c 278 s 180 are each amended to read as follows:
The department of revenue may, in determining the ((actual cash)) true and fair value of the operating property to be placed on the assessment roll value the entire property as a unit. If the company owns, leases, operates or uses property partly within and partly without the state, the department of revenue may determine the value of the operating property within this state by the proportion that the value of such property bears to the value of the entire operating property of the company, both within and without this state. In determining the operating property which is located within this state the department of revenue may consider and base such determination on the proportion which the number of car miles of the various classes of cars made in this state bears to the total number of car miles made by the same cars within and without this state, or to the total number of car miles made by all cars of the various classes within and without this state. If the value of the operating property of the company cannot be fairly determined in such manner the department of revenue may use any other reasonable and fair method to determine the value of the operating property of the company within this state.
Sec. 28. RCW 84.16.090 and 1975 1st ex.s. c 278 s 181 are each amended to read as follows:
Upon the assessment roll shall be placed after the name of each company a general description of the operating property of the company, which shall be considered sufficient if described in the language of ((subdivision)) subsection (3) of RCW 84.16.010 or otherwise, following which shall be entered the ((actual cash)) true and fair value of the operating property as determined by the department of revenue. No assessment shall be invalid by a mistake in the name of the company assessed, by omission of the name of the owner or by the entry of a name other than that of the true owner. When the department of revenue shall have prepared the assessment roll and entered thereon the ((actual cash)) true and fair value of the operating property of the company, as herein required, it shall notify the company by mail of the valuation determined by it and entered upon said roll; and thereupon such valuation shall become the ((actual cash)) true and fair value of the operating property of the company, subject to revision or correction by the ((state board)) department of ((equalization)) revenue as hereinafter provided; and shall be the valuation upon which, after equalization by the ((state board)) department of ((equalization)) revenue as hereinafter provided, the taxes of such company shall be based and computed.
Sec. 29. RCW 84.16.110 and 1967 ex.s. c 26 s 18 are each amended to read as follows:
Upon determination by the department of revenue of the true and ((correct actual cash)) fair value of the property appearing on such rolls the department shall apportion such value to the respective counties entitled thereto as hereinafter provided, and shall determine the equalized or assessed valuation of such property in such counties by applying to such actual apportioned value the same ratio as the ratio of assessed to actual value of the general property of the respective counties: PROVIDED, That, whenever the amount of the true and correct value of the operating property of any company otherwise apportionable to any county shall be less than two hundred fifty dollars, such amount need not be apportioned to such county but may be added to the amount apportioned to an adjacent county.
Sec. 30. RCW 84.16.120 and 1961 c 15 s 84.16.120 are each amended to read as follows:
The ((actual cash)) true and fair value of the property of each company as fixed and determined by the ((state board)) department of ((equalization)) revenue as herein provided shall be apportioned to the respective counties in the following manner:
(1) If all the operating property of the company is situated entirely within a county and none of such property is located within, extends into, or through or is operated into or through any other county, the entire value thereof shall be apportioned to the county within which such property is situate, located and operated.
(2) If the operating property of any company is situated or located within, extends into or is operated into or through more than one county, the value thereof shall be apportioned to the respective counties into or through which its cars are operated in the proportion that the length of main line track of the respective railroads moving such cars in such counties bears to the total length of main line track of such respective railroads in this state.
(3) If the property of any company is of such character that it will not be reasonable, feasible or fair to apportion the value as hereinabove provided, the value thereof shall be apportioned between the respective counties into or through which such property extends or is operated or in which the same is located in such manner as may be reasonable, feasible and fair.
Sec. 31. RCW 84.16.130 and 1975 1st ex.s. c 278 s 183 are each amended to read as follows:
When the ((state board)) department of ((equalization)) revenue shall have determined the equalized or assessed value of the operating property of each company in the respective counties as hereinabove provided, the department of revenue shall certify such equalized or assessed value to the county assessor of the proper county; and the county assessor shall apportion and distribute such assessed or equalized valuation to and between the several taxing districts of ((his)) the county entitled to a proportionate value thereof in the manner prescribed in RCW 84.16.120 for apportionment of values between counties. The county assessor shall enter such assessment upon the personal property tax rolls of ((his)) the county, together with the values so apportioned, and the same shall be and constitute the assessed valuation of the operating company in such county for that year, upon which taxes shall be levied and collected the same as on general property of the county.
Sec. 32. RCW 84.33.130 and 1986 c 100 s 57 are each amended to read as follows:
(1) An owner of land desiring that it be designated as forest land and valued pursuant to RCW 84.33.120 as of January 1 of any year ((commencing with 1972)) shall make application to the county assessor before such January 1.
(2) The application shall be made upon forms prepared by the department of revenue and supplied by the county assessor, and shall include the following:
(a) A legal description of or assessor's tax lot numbers for all land the applicant desires to be designated as forest land;
(b) The date or dates of acquisition of such land;
(c) A brief description of the timber on such land, or if the timber has been harvested, the owner's plan for restocking;
(d) Whether there is a forest management plan for such land;
(e) If so, the nature and extent of implementation of such plan;
(f) Whether such land is used for grazing;
(g) Whether such land has been subdivided or a plat filed with respect thereto;
(h) Whether such land and the applicant are in compliance with the restocking, forest management, fire protection, insect and disease control and forest debris provisions of Title 76 RCW or any applicable regulations thereunder;
(i) Whether such land is subject to forest fire protection assessments pursuant to RCW 76.04.610;
(j) Whether such land is subject to a lease, option or other right which permits it to be used for any purpose other than growing and harvesting timber;
(k) A summary of the past experience and activity of the applicant in growing and harvesting timber;
(l) A summary of current and continuing activity of the applicant in growing and harvesting timber;
(m) A statement that the applicant is aware of the potential tax liability involved when such land ceases to be designated as forest land;
(n) An affirmation that the statements contained in the application are true and that the land described in the application is, by itself or with other forest land not included in the application, in contiguous ownership of twenty or more acres which is primarily devoted to and used for growing and harvesting timber.
The assessor shall afford the applicant an opportunity to be heard if the application so requests.
(3) The assessor shall act upon the application with due regard to all relevant evidence and without any one or more items of evidence necessarily being determinative, except that the application may be denied for one of the following reasons, without regard to other items:
(a) The land does not contain either a "merchantable stand of timber" or an "adequate stocking" as defined ((in RCW 76.08.010, or any laws or regulations adopted to replace such minimum standards)) by rule adopted by the forest practices board, except this reason (a) shall not alone be sufficient for denial of the application (i) if such land has been recently harvested or supports a growth of brush or noncommercial type timber, and the application includes a plan for restocking within three years or such longer period necessitated by unavailability of seed or seedlings, or (ii) if only isolated areas within such land do not meet such minimum standards due to rock outcroppings, swamps, unproductive soil or other natural conditions;
(b) The applicant, with respect to such land, has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control and forest debris provisions of Title 76 RCW or any applicable regulations thereunder;
(c) The land abuts a body of salt water and lies between the line of ordinary high tide and a line paralleling such ordinary high tide line and two hundred feet horizontally landward therefrom, except that if the higher and better use determined by the assessor to exist for such land would not be permitted or economically feasible by virtue of any federal, state or local law or regulation such land shall be assessed and valued pursuant to the procedures set forth in RCW 84.33.110 and 84.33.120 without being designated. The application shall be deemed to have been approved unless, prior to May 1, of the year after such application was mailed or delivered to the assessor, ((he)) the assessor shall notify the applicant in writing of the extent to which the application is denied.
(4) An owner who receives notice pursuant to subsection (3) of this section that his or her application has been denied may appeal such denial to the county board of equalization.
Sec. 33. RCW 84.34.230 and 1973 1st ex.s. c 195 s 94 are each amended to read as follows:
For the purpose of acquiring conservation futures as well as other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, a county may levy an amount not to exceed six and one-quarter cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county, which levy shall be in addition to that authorized by RCW ((84.52.050 and)) 84.52.043.
Sec. 34. RCW 84.38.040 and 1984 c 220 s 22 are each amended to read as follows:
(1) Each claimant electing to defer payment of special assessments and/or real property tax obligations under this chapter shall file with the county assessor, on forms prescribed by the department and supplied by the assessor, a written declaration thereof. The declaration to defer special assessments and/or real property taxes for any year shall be filed no later than thirty days before the tax or assessment is due or thirty days after receiving notice under RCW ((84.64.030 or)) 84.64.050, whichever is later: PROVIDED, That for good cause shown, the department may waive this requirement.
(2) The declaration shall designate the property to which the deferral applies, and shall include a statement setting forth (a) a list of all members of the claimant's household, (b) the claimant's equity value in his residence, (c) facts establishing the eligibility for the deferral under the provisions of this chapter, and (d) any other relevant information required by the rules of the department. Each copy shall be signed by the claimant subject to the penalties as provided in chapter ((9.72)) 9A.72 RCW for ((the)) false swearing. The first declaration to defer filed in a county shall include proof of the claimant's age acceptable to the assessor.
(3) The county assessor shall determine if each claimant shall be granted a deferral for each year but the claimant shall have the right to appeal this determination to the county board of equalization whose decision shall be final as to the deferral of that year.
Sec. 35. RCW 84.40.0301 and 1971 ex.s. c 288 s 2 are each amended to read as follows:
(((1))) Upon review by any court, or appellate body, of a determination of the valuation of property for purposes of taxation, it shall be presumed that the determination of the public official charged with the duty of establishing such value is correct but this presumption shall not be a defense against any correction indicated by clear, cogent and convincing evidence.
(((2) In any administrative or judicial proceeding pending upon May 21, 1971 or arising from the property revaluation under the provisions of section 4, chapter 282, Laws of 1969 ex. sess., and section 1, chapter 95, Laws of 1970 ex. sess., the provisions of this section will apply. This paragraph shall not be construed so as to limit in any way the provisions of subsection (1) of this section.))
Sec. 36. RCW 84.40.045 and 1977 ex.s. c 181 s 1 are each amended to read as follows:
The assessor shall give notice of any change in the true and fair value of real property for the tract or lot of land and any improvements thereon no later than thirty days after appraisal: PROVIDED, That no such notice shall be mailed during the period from January 15 to February 15 of each year: PROVIDED FURTHER, That no notice need be sent with respect to changes in valuation of forest land made pursuant to chapter 84.33 RCW.
The notice shall contain a statement of both the prior and the new true and fair value and the ratio of the assessed value to the true and fair value on which the assessment of the property is based, stating separately land and improvement values, and a brief statement of the procedure for appeal to the board of equalization and the time, date, and place of the meetings of the board.
The notice shall be mailed by the assessor to the taxpayer.
If any taxpayer, as shown by the tax rolls, holds solely a security interest in the real property which is the subject of the notice, pursuant to a mortgage, contract of sale, or deed of trust, such taxpayer shall, upon written request of the assessor, supply, within thirty days of receipt of such request, to the assessor the name and address of the person making payments pursuant to the mortgage, contract of sale, or deed of trust, and thereafter such person shall also receive a copy of the notice provided for in this section. Willful failure to comply with such request within the time limitation provided for herein shall make such taxpayer subject to a maximum civil penalty of five ((dollars for each parcel of real property within the scope of the request in which it holds the security interest, the aggregate of such penalties in any one year not to exceed five)) thousand dollars. The penalties provided for herein shall be recoverable in an action by the county prosecutor, and when recovered shall be deposited in the county current expense fund. The assessor shall make the request provided for by this section during the month of January.
Sec. 37. RCW 84.40.080 and 1973 2nd ex.s. c 8 s 1 are each amended to read as follows:
((The)) An assessor((, upon his own motion, or upon the application of any taxpayer,)) shall enter ((in the detail and assessment list of the current)) on the assessment roll in any year any property shown to have been omitted from the assessment ((list)) roll of any preceding year, at the ((valuation of that)) value for the preceding year, or if not then valued, at such ((valuation)) value as the assessor shall determine ((from)) for the preceding year, and such ((valuation)) value shall be stated ((in a separate line)) separately from the ((valuation)) value of ((the current)) any other year. Where improvements have not been valued and assessed as a part of the real estate upon which the same may be located, as evidenced by the assessment rolls, they may be separately valued and assessed as omitted property under this section: PROVIDED, That no such assessment shall be made in any case where a bona fide purchaser, encumbrancer, or contract buyer has acquired any interest in said property prior to the time such improvements are assessed. When such an omitted assessment is made, the taxes levied thereon may be paid within one year of the due date of the taxes for the year in which the assessment is made without penalty or interest: AND PROVIDED FURTHER, That in the assessment of personal property, the assessor shall assess the omitted value not reported by the taxpayer as evidenced by an inspection of either the property or the books and records of said taxpayer by the assessor.
Sec. 38. RCW 84.40.090 and 1961 c 15 s 84.40.090 are each amended to read as follows:
It shall be the duty of assessors, when assessing real or personal property, to designate the name or number of each taxing ((and road)) district in which each person and each description of property assessed is liable for taxes((, which designation shall be made by writing the name or number of the districts opposite each assessment in the column provided for that purpose in the detail and assessment list)). When the real and personal property of any person is assessable in several taxing districts ((and/or road districts)), the amount in each shall be assessed ((on separate detail and assessment lists, and all property assessable in incorporated cities or towns shall be assessed in consecutive books, where more than one book is necessary, separate from outside property and separately, and the name of the owner, if known, together with his post office address, placed opposite each amount)) separately.
Sec. 39. RCW 84.40.170 and 1961 c 15 s 84.40.170 are each amended to read as follows:
(1) In all cases of irregular subdivided tracts or lots of land other than any regular government subdivision the county assessor shall outline a plat of such tracts or lots and notify the owner or owners thereof with a request to have the same surveyed by the county engineer, and cause the same to be platted into numbered (or lettered) lots or tracts: PROVIDED, HOWEVER, That where any county has in its possession the correct field notes of any such tract or lot of land a new survey shall not be necessary, but such tracts may be mapped from such field notes. In case the owner of such tracts or lots neglects or refuses to have the same surveyed or platted, the county assessor shall notify the ((board of)) county ((commissioners)) legislative authority in and for the county, who may order and direct the county engineer to make the proper survey and plat of the tracts and lots. A plat shall be made on which said tracts or lots of land shall be accurately described by lines, and numbered (or lettered), which numbers (or letters) together with number of the section, township and range shall be distinctly marked on such plat, and the field notes of all such tracts or lots of land shall describe each tract or lot according to the survey, and such tract or lot shall be numbered (or lettered) to correspond with its number (or letter) on the map. The plat shall be given a designated name by the surveyor thereof. When the survey, plat, field notes and name of plat, shall have been approved by the ((board of)) county ((commissioners)) legislative authority, the plat and field notes shall be filed and recorded in the office of the county auditor, and the description of any tract or lot of land described in said plats by number (or letter), section, township and range, shall be a sufficient and legal description for revenue and all other purposes.
(2) Upon the request of eighty percent of the owners of the property to be surveyed and the approval of the county legislative authority, the county assessor may charge for actual costs and file a lien against the subject property if the costs are not repaid within ninety days of notice of completion, which may be collected as if such charges had been levied as a property tax.
Sec. 40. RCW 84.41.070 and 1975 1st ex.s. c 278 s 198 are each amended to read as follows:
If the department of revenue finds upon its own investigation, or upon a showing by others, that the revaluation program for any county is not proceeding for any reason as herein directed, ((or is not proceeding for any reason with sufficient rapidity to be completed before June 1, 1958,)) the department of revenue shall advise both the ((board of)) county ((commissioners)) legislative authority and the county assessor of such finding. Within thirty days after receiving such advice, the ((board of)) county ((commissioners)) legislative authority, at regular or special session, either (1) shall authorize such expenditures as will enable the assessor to complete the revaluation program as herein directed, or (2) shall direct the assessor to request special assistance from the department of revenue for aid in effectuating the county's revaluation program.
Sec. 41. RCW 84.44.010 and 1961 c 15 s 84.44.010 are each amended to read as follows:
Personal property, except such as is required in this title to be listed and assessed otherwise, shall be listed and assessed in the county where it is situated. ((The personal property pertaining to the business of a merchant or of a manufacturer shall be listed in the town or place where his business is carried on.))
Sec. 42. RCW 84.48.050 and 1961 c 15 s 84.48.050 are each amended to read as follows:
The county assessor shall, on or before the fifteenth day of January in each year, make out and transmit to the state auditor, in such form as may be prescribed, a complete abstract of the tax rolls of the county, showing the number of acres ((of land)) that have been assessed((, the)) and the total value of ((such land)) the real property, including the structures ((thereon; the value of town and city lots, including structures)) on the real property; the total value of all taxable personal property in the county; the aggregate amount of all taxable property in the county; the total amount as equalized and the total amount of taxes levied in the county for state, county, city and other taxing district purposes, for that year. Should the assessor of any county fail to transmit to the ((state board)) department of ((equalization)) revenue the abstract provided for in RCW 84.48.010 by the ((time the state board of equalization convenes)) eighteenth of August, and if, by reason of such failure to transmit such abstract, any county shall fail to collect and pay to the state its due proportion of the state tax for any year, the ((state board)) department of ((equalization)) revenue shall, at its next annual session, ascertain what amount of state tax said county has failed to collect, and certify the same to the state auditor, who shall charge the amount to the proper county and notify the auditor of said county of the amount of said charge; said sum shall be due and payable immediately by warrant in favor of the state on the current expense fund of said county.
Sec. 43. RCW 84.48.080 and 1990 c 283 s 1 are each amended to read as follows:
Annually during the months of September and October, the department of revenue shall examine and compare the returns of the assessment of the property in the several counties of the state, and the assessment of the property of railroad and other companies assessed by the department, and proceed to equalize the same, so that each county in the state shall pay its due and just proportion of the taxes for state purposes for such assessment year, according to the ratio the valuation of the property in each county bears to the total valuation of all property in the state.
First. The department shall classify all property, real and personal, and shall raise and lower the valuation of any class of property in any county to a value that shall be equal, so far as possible, to the true and fair value of such class as of January 1st of the current year for the purpose of ascertaining the just amount of tax due from each county for state purposes. In equalizing personal property as of January 1st of the current year, the department shall use the assessment level of the preceding year. Such classification may be on the basis of types of property, geographical areas, or both. For purposes of this section, for each county that has not provided the department with an assessment return by December 1st, the department shall proceed, using facts and information and in a manner it deems appropriate, to estimate the value of each class of property in the county.
Second. The department shall keep a full record of its proceedings and the same shall be published annually by the department.
The department shall levy the state taxes authorized by law: PROVIDED, That the amount levied in any one year for general state purposes shall not exceed the lawful dollar rate on the dollar of the assessed value of the property of the entire state, which assessed value shall be one hundred percent of the true and fair value of such property in money. The department shall apportion the amount of tax for state purposes levied by the department, among the several counties, in proportion to the valuation of the taxable property of the county for the year as equalized by the department: PROVIDED, That for purposes of this apportionment, the department shall recompute the previous year's levy and the apportionment thereof to correct for changes and errors in taxable values reported to the department after October 1 of the preceding year and shall adjust the apportioned amount of the current year's state levy for each county by the difference between the apportioned amounts established by the original and revised levy computations for the previous year. For purposes of this section, changes in taxable values mean a final adjustment made by a county board of equalization, the state board of tax appeals, or a court of competent jurisdiction and shall include additions of omitted property, other additions or deletions from the assessment or tax rolls, any assessment return provided by a county to the department subsequent to December 1st, or a change in the indicated ratio of a county. Errors in taxable values mean errors corrected by a final reviewing body.
The department shall have authority to adopt rules and regulations to enforce obedience to its orders in all matters in relation to the returns of county assessments, the equalization of values, and the apportionment of the state levy by the department.
After the completion of the duties hereinabove prescribed, the director of the department shall certify the record of the proceedings of the department under this section, the tax levies made for state purposes and the apportionment thereof among the counties, and the certification shall be available for public inspection.
Sec. 44. RCW 84.48.110 and 1987 c 168 s 1 are each amended to read as follows:
Within three days after the record of the proceedings of the ((state board)) department of ((equalization)) revenue is certified by the director of the department, the department shall transmit to each county assessor a copy of the record of the proceedings of the ((board)) department, specifying the amount to be levied and collected ((on said assessment books)) for state purposes for such year, and in addition thereto it shall certify to each county assessor the amount due to each state fund and unpaid from such county for the fifth preceding year, and such delinquent state taxes shall be added to the amount levied for the current year. The department shall close the account of each county for the fifth preceding year and charge the amount of such delinquency to the tax levy of the current year. These delinquent taxes shall not be subject to chapter 84.55 RCW. All taxes collected on and after the first day of July last preceding such certificate, on account of delinquent state taxes for the fifth preceding year shall belong to the county and by the county treasurer be credited to the current expense fund of the county in which collected.
Sec. 45. RCW 84.48.120 and 1987 c 168 s 2 are each amended to read as follows:
It shall be the duty of the county assessor of each county, when he shall have received from the state department of revenue the assessed valuation of the property of railroad and other companies assessed by the department of revenue and apportioned to the county, and placed the same on the tax rolls, and received the report of the department of revenue of the amount of taxes levied for state purposes, to compute the required percent on the assessed value of property in the county, and such state taxes shall be extended on the tax rolls in the proper column: PROVIDED, That the rates so computed shall not be such as to raise a surplus of more than five percent over the total amount required by the ((state board)) department of ((equalization)) revenue: PROVIDED FURTHER, That any surplus raised shall be remitted to the state in accordance with RCW 84.56.280.
Sec. 46. RCW 84.48.150 and 1973 1st ex.s. c 30 s 1 are each amended to read as follows:
The assessor shall, upon the request of any taxpayer who petitions the board of equalization for review of a tax claim or valuation dispute, make available to said taxpayer a compilation of comparable sales utilized by the assessor in establishing such taxpayer's property valuation. If valuation criteria other than comparable sales were used, the assessor shall furnish the taxpayer with such other factors and the addresses of such other property used in making the determination of value.
The assessor shall within ((thirty)) sixty days of such request but at least ((ten)) fifteen business days, excluding legal holidays, prior to such taxpayer's appearance before the board of equalization make available to the taxpayer the valuation criteria and/or comparable((s)) sales which shall not be subsequently changed ((or modified)) by the assessor ((during review or appeal proceedings)) unless the assessor has found new evidence supporting the assessor's valuation, in which situation the assessor shall provide such additional evidence to the taxpayer and the board of equalization at least ((ten)) fifteen business days prior to the hearing ((on appeal or review proceedings)) at the board of equalization. A taxpayer who lists comparable sales on ((his)) a notice of appeal ((shall not thereafter use other comparables during the review of appeal proceedings: PROVIDED, That the taxpayer may change the comparable sales he is using in proceedings subsequent to the county board of equalization only if he provides a listing of such different comparables to the assessor at least five business days prior to such subsequent proceedings: PROVIDED FURTHER, That the board of equalization may waive the requirements contained in the preceding proviso or allow the assessor a continuance of reasonable duration to check the comparables furnished by the taxpayer)) shall not subsequently change such sales unless the taxpayer has found new evidence supporting the taxpayer's proposed valuation in which case the taxpayer shall provide such additional evidence to the assessor and board of equalization at least ten business days, excluding legal holidays, prior to the hearing. If either the assessor or taxpayer does not meet the requirements of this section the board of equalization may continue the hearing to provide the parties an opportunity to review all evidence or, upon objection, refuse to consider sales not submitted in a timely manner.
NEW SECTION. Sec. 47. A new section is added to chapter 84.48 RCW to read as follows:
The board of equalization may enter an order that has effect up to the end of the assessment cycle used by the assessor, if there has been no intervening change in the value during that time.
NEW SECTION. Sec. 48. A new section is added to chapter 84.56 RCW to read as follows:
Each tax statement shall show the amount of taxes directly approved by the voters at a general election, including but not limited to those under Article VII, section 2 of the state Constitution or chapter 84.55 RCW. The amount of taxes directly approved by the voters at a general election may be shown either as a dollar amount or as a percentage of the total amount of taxes.
Sec. 49. RCW 84.55.005 and 1983 1st ex.s. c 62 s 11 are each amended to read as follows:
As used in this chapter, the term "regular property taxes" has the meaning given it in RCW 84.04.140, and also includes amounts received in lieu of regular property taxes ((under RCW 84.09.080)).
Sec. 50. RCW 84.56.010 and 1975-'76 2nd ex.s. c 10 s 1 are each amended to read as follows:
On or before the first Monday in January next succeeding the date of levy of taxes the ((county auditor shall issue to the)) county treasurer ((his warrant authorizing the collection of taxes listed on the)) shall establish tax rolls of his or her county as certified by the county assessor for such assessment year, and said rolls shall be preserved as a public record in the office of the county treasurer. The amount of said taxes levied and extended upon said rolls shall be charged to the treasurer in an account to be designated as treasurer's "Tax roll account" for . . . . . . and said rolls ((with the warrants for collection)) shall be full and sufficient authority for the county treasurer to receive and collect all taxes therein levied: PROVIDED, That the county treasurer shall in no case collect such taxes or issue receipts for the same or enter payment or satisfaction of such taxes upon said assessment rolls before the fifteenth day of February following.
Sec. 51. RCW 84.56.160 and 1961 c 15 s 84.56.160 are each amended to read as follows:
The treasurer of any county of this state shall have the power to certify a statement of taxes and delinquencies of any person, firm, company or corporation, or of any tax on personal property together with all penalties and delinquencies, which statement shall be under seal and contain a transcript of the ((warrant of)) tax collection records and so much of the tax roll as shall affect the person, firm, company or corporation or personal property to the treasurer of any county of this state, wherein any such person, firm, company or corporation has any real or personal property.
Sec. 52. RCW 84.56.170 and 1961 c 15 s 84.56.170 are each amended to read as follows:
The treasurer of any county of this state receiving the certified statement provided for in RCW 84.56.150 and 84.56.160, shall have the same power to collect the taxes, penalties and delinquencies so certified as ((he)) the treasurer has to collect the personal taxes levied on personal property in his or her own county, and as soon as the said taxes are collected they shall be remitted, less the cost of collecting same, to the treasurer of the county to which said taxes belong, by the treasurer collecting them((, and he shall return a certified copy of the certified statement to the auditor of the county to which the taxes belong, together with a certified statement of the amount remitted to the said treasurer)).
Sec. 53. RCW 84.56.340 and 1985 c 395 s 4 are each amended to read as follows:
Any person desiring to pay taxes upon any part or parts of real property heretofore or hereafter assessed as one parcel, or tract, may do so by applying to the county assessor, who must carefully investigate and ascertain the relative or proportionate value said part bears to the whole tract assessed, on which basis the assessment must be divided, and the assessor shall forthwith certify such proportionate value to the county treasurer: PROVIDED, That excepting when property is being acquired for public use, or where a person or financial institution desires to pay the taxes and any penalties and interest on a mobile home upon which they have a lien by mortgage or otherwise, no segregation of property for tax purposes shall be made unless all delinquent taxes and assessments on the entire tract have been paid in full((: AND PROVIDED FURTHER, That where the assessed valuation of the tract to be divided exceeds two thousand dollars a notice by registered mail must be given by the assessor to the several owners interested in said tract, if known, and if no protest against said division be filed with the county assessor within twenty days from date of notice,)). The county assessor shall duly certify the proportionate value to the county treasurer. The county treasurer, upon receipt of certification, shall duly accept payment and issue receipt on the apportionment certified by the county assessor. In cases where protest is filed to said division appeal shall be made to the county ((commissioners at their)) legislative authority at its next regular session for final division, and the county treasurer shall accept and receipt for said taxes as determined and ordered by the county ((commissioners)) legislative authority. Any person desiring to pay on an undivided interest in any real property may do so by paying to the county treasurer a sum equal to such proportion of the entire taxes charged on the entire tract as interest paid on bears to the whole.
Sec. 54. RCW 84.60.050 and 1971 ex.s. c 260 s 2 are each amended to read as follows:
(1) When real property is acquired by purchase or condemnation by the state of Washington, any county or municipal corporation or is placed under a recorded agreement for immediate possession and use or an order of immediate possession and use pursuant to RCW 8.04.090, such property shall continue to be subject to the tax lien for the years prior to the year in which the property is so acquired or placed under such agreement or order, of any tax levied by the state, county, municipal corporation or other tax levying public body, except as is otherwise provided in RCW 84.60.070.
(2) The lien for taxes applicable to the real property being acquired or placed under immediate possession and use for the year in which such real property is so acquired or placed under immediate possession and use shall be for only the pro rata portion of taxes allocable to that portion of the year prior to the date of execution of the instrument vesting title, date of recording such agreement of immediate possession and use, date of such order of immediate possession and use, or date of judgment. No taxes levied or tax lien on such property allocable to a period subsequent to the dates identified in this subsection shall be valid and any such taxes levied shall be canceled as provided in RCW ((84.56.400)) 84.48.065. In the event the owner has paid taxes allocable to that portion of the year subsequent to the dates identified in this subsection he or she shall be entitled to a pro rata refund of the amount paid on the property so acquired or placed under a recorded agreement or an order of immediate possession and use. If the dates identified in this subsection precede February 15th of the year in which such taxes become payable, no lien for such taxes shall be valid and any such taxes levied but not payable shall be canceled as provided in RCW ((84.56.400)) 84.48.065.
Sec. 55. RCW 84.69.020 and 1991 c 245 s 31 are each amended to read as follows:
On the order of the county treasurer, ad valorem taxes paid before or after delinquency shall be refunded if they were:
(1) Paid more than once; or
(2) Paid as a result of manifest error in description; or
(3) Paid as a result of a clerical error in extending the tax rolls; or
(4) Paid as a result of other clerical errors in listing property; or
(5) Paid with respect to improvements which did not exist on assessment date; or
(6) Paid under levies or statutes adjudicated to be illegal or unconstitutional; or
(7) Paid as a result of mistake, inadvertence, or lack of knowledge by any person exempted from paying real property taxes or a portion thereof pursuant to RCW 84.36.381 through 84.36.389, as now or hereafter amended; or
(8) Paid ((or overpaid)) as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person ((paying the same or paid as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person paying the same)) with respect to real property in which the person paying the same has no legal interest; or
(9) Paid on the basis of an assessed valuation which was appealed to the county board of equalization and ordered reduced by the board; or
(10) Paid on the basis of an assessed valuation which was appealed to the state board of tax appeals and ordered reduced by the board: PROVIDED, That the amount refunded under subsections (9) and (10) of this section shall only be for the difference between the tax paid on the basis of the appealed valuation and the tax payable on the valuation adjusted in accordance with the board's order; or
(11) Paid as a state property tax levied upon property, the assessed value of which has been established by the state board of tax appeals for the year of such levy: PROVIDED, HOWEVER, That the amount refunded shall only be for the difference between the state property tax paid and the amount of state property tax which would, when added to all other property taxes within the one percent limitation of Article VII, section 2 (((Amendment 59))) of the state Constitution equal one percent of the assessed value established by the board;
(12) Paid on the basis of an assessed valuation which was adjudicated to be unlawful or excessive: PROVIDED, That the amount refunded shall be for the difference between the amount of tax which was paid on the basis of the valuation adjudged unlawful or excessive and the amount of tax payable on the basis of the assessed valuation determined as a result of the proceeding; or
(13) Paid on property acquired under RCW 84.60.050, and canceled under RCW 84.60.050(2).
No refunds under the provisions of this section shall be made because of any error in determining the valuation of property, except as authorized in subsections (9), (10), (11), and (12) of this section nor may any refunds be made if a bona fide purchaser has acquired rights that would preclude the assessment and collection of the refunded tax from the property that should properly have been charged with the tax. Any refunds made on delinquent taxes shall include the proportionate amount of interest and penalties paid. The county treasurer may deduct from moneys collected for the benefit of the state's levy, refunds of the state levy including interest on the levy as provided by this section and chapter 84.68 RCW.
The county treasurer of each county shall make all refunds determined to be authorized by this section, and by the first Monday in January of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund, the amount of the refund, and the reason for the refund.
Sec. 56. RCW 84.70.010 and 1987 c 319 s 6 are each amended to read as follows:
(1) If, on or before December 31 in any calendar year, any real or personal property placed upon the assessment roll of that year is destroyed in whole or in part, or is in an area that has been declared a disaster area by the governor and has been reduced in value by more than twenty percent as a result of a natural disaster, the true ((cash)) and fair value of such property shall be reduced for that year by an amount determined as follows:
(a) First take the true ((cash)) and fair value of such taxable property before destruction or reduction in value and deduct therefrom the true ((cash)) and fair value of the remaining property after destruction or reduction in value.
(b) Then divide any amount remaining by the number of days in the year and multiply the quotient by the number of days remaining in the calendar year after the date of the destruction or reduction in value of the property.
(2) No reduction in the true ((cash)) and fair value shall be made more than three years after the date of destruction or reduction in value.
(3) The assessor shall make such reduction on his or her own motion; however, the taxpayer may make application for reduction on forms prepared by the department and provided by the assessor. The assessor shall notify the taxpayer of the amount of reduction.
(4) If destroyed property is replaced prior to the valuation dates contained in RCW 36.21.080 and 36.21.090, the total taxable value for that year shall not exceed the value as of the appropriate valuation date in RCW 36.21.080 or 36.21.090, whichever is appropriate.
(5) The taxpayer may appeal the amount of reduction to the county board of equalization within thirty days of notification or July ((15th)) 1st of the year of reduction, whichever is later. The board shall reconvene, if necessary, to hear the appeal.
NEW SECTION. Sec. 57. The following acts or parts of acts are each repealed:
(1) RCW 35.49.120 and 1965 c 7 s 35.49.120;
(2) RCW 36.21.020 and 1963 c 4 s 36.21.020;
(3) RCW 36.21.030 and 1963 c 4 s 36.21.030;
(4) RCW 84.56.023 and 1989 c 378 s 38;
(5) RCW 36.18.140 and 1963 c 4 s 36.18.140; and
(6) RCW 84.56.180 and 1973 1st ex.s. c 195 s 110, 1969 ex.s. c 124 s 5, & 1961 c 15 s 84.56.180."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven and Wang.
Passed to Committee on Rules for second reading.
February 28, 1994
2SSB 5698 Prime Sponsor, Committee on Trade, Technology & Economic Development: Assisting companies to adopt ISO-9000 quality standards. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment:
On page 3, line 1, strike all of new section 3
On page 3, after line 5, insert:
"NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1994, in the omnibus appropriations act, this act is null and void."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representatives Lemmon and Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6007 Prime Sponsor, Committee on Law & Justice: Revising provisions relating to crimes. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on Corrections:
Strike everything after the enacting clause and insert the following:
PURPOSE
NEW SECTION. Sec. 1. The purpose of this act is to make certain technical corrections and correct oversights discovered only after unanticipated circumstances have arisen. These changes are necessary to give full expression to the original intent of the legislature.
PART I - SENTENCING FOR ATTEMPTED MURDER
Sec. 101. RCW 9A.28.020 and 1981 c 203 s 3 are each amended to read as follows:
(1) A person is guilty of an attempt to commit crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder in the first degree, murder in the second degree, or arson in the first degree;
(b) Class B felony when the crime attempted is a class A felony other than murder in the first degree, murder in the second degree, or arson in the first degree;
(c) Class C felony when the crime attempted is a class B felony;
(d) Gross misdemeanor when the crime attempted is a class C felony;
(e) Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor.
PART II - WITNESS INTIMIDATION/TAMPERING
NEW SECTION. Sec. 201. The legislature finds that witness intimidation and witness tampering serve to thwart both the effective prosecution of criminal conduct in the state of Washington and resolution of child dependencies.
Further, the legislature finds that intimidating persons who have information pertaining to a future proceeding serves to prevent both the bringing of a charge and prosecution of such future proceeding. The legislature finds that the period before a crime or child abuse or neglect is reported is when a victim is most vulnerable to influence, both from the defendant or from people acting on behalf of the defendant and a time when the defendant is most able to threaten, bribe, and/or persuade potential witnesses to leave the jurisdiction or withhold information from law enforcement agencies.
The legislature moreover finds that a criminal defendant's admonishment or demand to a witness to "drop the charges" is intimidating to witnesses or other persons with information relevant to a criminal proceeding.
The legislature finds, therefore, that tampering with and/or intimidating witnesses or other persons with information relevant to a present or future criminal or child dependency proceeding are grave offenses which adversely impact the state's ability to promote public safety and prosecute criminal behavior.
Sec. 202. RCW 9A.72.090 and 1982 1st ex.s. c 47 s 16 are each amended to read as follows:
(1) A person is guilty of bribing a witness if he or she offers, confers, or agrees to confer any benefit upon a witness or a person he or she has reason to believe is about to be called as a witness in any official proceeding or upon a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child, with intent to:
(a) Influence the testimony of that person; or
(b) Induce that person to avoid legal process summoning him or her to testify; or
(c) Induce that person to absent himself or herself from an official proceeding to which he or she has been legally summoned; or
(d) Induce that person to refrain from reporting information relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) Bribing a witness is a class B felony.
Sec. 203. RCW 9A.72.100 and 1982 1st ex.s. c 47 s 17 are each amended to read as follows:
(1) A witness or a person who has reason to believe he or she is about to be called as a witness in any official proceeding or that he or she may have information relevant to a criminal investigation or the abuse or neglect of a minor child is guilty of bribe receiving by a witness if he or she requests, accepts, or agrees to accept any benefit pursuant to an agreement or understanding that:
(a) ((His)) The person's testimony will thereby be influenced; or
(b) ((He)) The person will attempt to avoid legal process summoning him or her to testify; or
(c) ((He)) The person will attempt to absent himself or herself from an official proceeding to which he or she has been legally summoned; or
(d) The person will not report information he or she has relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) Bribe receiving by a witness is a class B felony.
Sec. 204. RCW 9A.72.110 and 1985 c 327 s 2 are each amended to read as follows:
(1) A person is guilty of intimidating a witness if a person directs a threat to a former witness because of the witness' testimony in any official proceeding, or if, by use of a threat directed to a current witness or a person he or she has reason to believe is about to be called as a witness in any official proceeding or to a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child, he or she attempts to:
(a) Influence the testimony of that person; or
(b) Induce that person to elude legal process summoning him or her to testify; or
(c) Induce that person to absent himself or herself from such proceedings; or
(d) Induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child, not to prosecute the crime or the abuse or neglect of a minor child, not to have the crime or the abuse or neglect of a minor child prosecuted, or not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or
(b) Threats as defined in RCW 9A.04.110(25).
(3) Intimidating a witness is a class B felony.
Sec. 205. RCW 9A.72.120 and 1982 1st ex.s. c 47 s 19 are each amended to read as follows:
(1) A person is guilty of tampering with a witness if he or she attempts to induce a witness or person he or she has reason to believe is about to be called as a witness in any official proceeding or a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child to:
(a) Testify falsely or, without right or privilege to do so, to withhold any testimony; or
(b) Absent himself or herself from such proceedings; or
(c) Withhold from a law enforcement agency information which he or she has relevant to a criminal investigation or the abuse or neglect of a minor child to the agency.
(2) Tampering with a witness is a class C felony.
PART III - CHILD MOLESTATION
NEW SECTION. Sec. 301. The legislature hereby reaffirms its desire to protect the children of Washington from sexual abuse and further reaffirms its condemnation of child sexual abuse that takes the form of causing one child to engage in sexual contact with another child for the sexual gratification of the one causing such activities to take place.
Sec. 302. RCW 9A.44.010 and 1993 c 477 s 1 are each amended to read as follows:
As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.
(2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.
(3) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.
(4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.
(5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
(8) "Significant relationship" means a situation in which the perpetrator is:
(a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors; or
(b) A person who in the course of his or her employment supervises minors.
(9) "Abuse of a supervisory position" means a direct or indirect threat or promise to use authority to the detriment or benefit of a minor.
(10) "Developmentally disabled," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a developmental disability as defined in RCW 71A.10.020.
(11) "Person with supervisory authority," for purposes of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means any proprietor or employee of any public or private care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically dependent persons at the facility.
(12) "Mentally disordered person" for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental disorder" as defined in RCW 71.05.020(2).
(13) "Chemically dependent person" for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is "chemically dependent" as defined in RCW 70.96A.020(4).
(14) "Health care provider" for purposes of RCW 9A.44.050 and 9A.44.100 means a person who is, holds himself or herself out to be, or provides services as if he or she were: (a) A member of a health care profession under chapter 18.130 RCW; or (b) registered or certified under chapter 18.19 RCW, regardless of whether the health care provider is licensed, certified, or registered by the state.
(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means the active delivery of professional services by a health care provider which the health care provider holds himself or herself out to be qualified to provide.
Sec. 303. RCW 9A.44.083 and 1990 c 3 s 902 are each amended to read as follows:
(1) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the first degree is a class A felony.
Sec. 304. RCW 9A.44.086 and 1988 c 145 s 6 are each amended to read as follows:
(1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the second degree is a class B felony.
Sec. 305. RCW 9A.44.089 and 1988 c 145 s 7 are each amended to read as follows:
(1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.
(2) Child molestation in the third degree is a class C felony.
Sec. 306. RCW 9A.44.093 and 1988 c 145 s 8 are each amended to read as follows:
(1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim.
(2) Sexual misconduct with a minor in the first degree is a class C felony.
Sec. 307. RCW 9A.44.096 and 1988 c 145 s 9 are each amended to read as follows:
(1) A person is guilty of sexual misconduct with a minor in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.
(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
PART IV - DNA IDENTIFICATION
NEW SECTION. Sec. 401. The legislature finds that DNA identification analysis is an accurate and useful law enforcement tool for identifying and prosecuting sexual and violent offenders. The legislature further finds no compelling reason to exclude juvenile sexual and juvenile violent offenders from DNA identification analysis.
Sec. 402. RCW 43.43.754 and 1990 c 230 s 3 are each amended to read as follows:
((After July 1, 1990,)) Every adult or juvenile individual convicted ((in a Washington superior court)) of a felony or adjudicated guilty of an equivalent juvenile offense defined as a sex offense under RCW 9.94A.030(((29)(a))) (31)(a) or a violent offense as defined in RCW 9.94A.030(((32))) shall have a blood sample drawn for purposes of DNA identification analysis. For persons convicted of such offenses ((after July 1, 1990,)) or adjudicated guilty of an equivalent juvenile offense who are serving a term of confinement in a county jail or detention facility, the county shall be responsible for obtaining blood samples prior to release from the county jail or detention facility. For persons convicted of such offenses ((after July 1, 1990)) or adjudicated guilty of an equivalent juvenile offense, who are serving a term of confinement in a department of corrections facility or a division of juvenile rehabilitation facility, the ((department)) facility holding the person shall be responsible for obtaining blood samples prior to release from such facility. Any blood sample taken pursuant to RCW 43.43.752 through 43.43.758 shall be used solely for the purpose of providing DNA or other blood grouping tests for identification analysis and prosecution of a sex offense or a violent offense.
This section applies to all adults who are convicted after July 1, 1990. This section applies to all juveniles who are adjudicated guilty after July 1, 1994.
PART V - TOXICOLOGIST AS WITNESS
Sec. 501. RCW 43.43.680 and 1992 c 129 s 1 are each amended to read as follows:
(1) In all prosecutions involving the analysis of a controlled substance or a sample of a controlled substance by the crime laboratory system of the state patrol, a certified copy of the analytical report signed by the supervisor of the state patrol's crime laboratory or the forensic scientist conducting the analysis is prima facie evidence of the results of the analytical findings.
(2) The defendant or a prosecutor may subpoena the forensic scientist who conducted the analysis of the substance to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if the subpoena is issued at least ten days prior to the trial date.
(3) In all prosecutions involving the analysis of a certified simulator solution by the Washington state toxicology laboratory of the University of Washington, a certified copy of the analytical report signed by the state toxicologist or the toxicologist conducting the analysis is prima facie evidence of the results of the analytical findings, and of certification of the simulator solution used in the BAC verifier datamaster or any other alcohol/breath-testing equipment subsequently adopted by rule.
(4) The defendant of a prosecution may subpoena the toxicologist who conducted the analysis of the simulator solution to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if thirty days prior to issuing the subpoena the defendant gives the state toxicologist notice of the defendant's intention to require the toxicologist's appearance.
PART VI - RESTITUTION
Sec. 601. RCW 9.94A.140 and 1989 c 252 s 5 are each amended to read as follows:
(1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within sixty days. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime. For the purposes of this section, the offender shall remain under the court's jurisdiction for a maximum term of ten years ((subsequent to the imposition of sentence)) following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period is longer. The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during the ten-year period, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum for the crime. The offender's compliance with the restitution shall be supervised by the department.
(2) Restitution may be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property. In addition, restitution may be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(3) In addition to any sentence that may be imposed, a defendant who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.
(4) This section does not limit civil remedies or defenses available to the victim or defendant.
Sec. 602. RCW 9.94A.142 and 1989 c 252 s 6 are each amended to read as follows:
(1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within sixty days. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime. For the purposes of this section, the offender shall remain under the court's jurisdiction for a maximum term of ten years ((subsequent to the imposition of sentence)) following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period is longer. The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during the ten-year period, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum for the crime. The offender's compliance with the restitution shall be supervised by the department.
(2) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(3) In addition to any sentence that may be imposed, a defendant who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.
(4) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant.
(5) This section shall apply to offenses committed after July 1, 1985.
PART VII - BAIL JUMPING
NEW SECTION. Sec. 701. RCW 10.19.130 and 1975 1st ex.s. c 2 s 1 are each repealed.
PART VIII - MISCELLANEOUS
NEW SECTION. Sec. 801. Part headings and the table of contents as used in this act do not constitute any part of the law."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
2ESSB 6009 Prime Sponsor, Committee on Ecology & Parks: Modifying waste tire recycling provisions. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment by Committee on Revenue and without amendment by Committee on Environmental Affairs:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.95.020 and 1985 c 345 s 2 are each amended to read as follows:
The purpose of this chapter is to establish a comprehensive state-wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:
(1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;
(2) To provide for adequate planning for solid waste handling by local government;
(3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;
(4) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;
(5) To encourage ((storage,)) proper disposal((,)) and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state.
It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.
Sec. 2. RCW 70.95.260 and 1989 c 431 s 9 are each amended to read as follows:
The department shall in addition to its other powers and duties:
(1) Cooperate with the appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the provisions of this chapter.
(2) Coordinate the development of a solid waste management plan for all areas of the state in cooperation with local government, the department of community, trade, and economic development, and other appropriate state and regional agencies. The plan shall relate to solid waste management for twenty years in the future and shall be reviewed biennially, revised as necessary, and extended so that perpetually the plan shall look to the future for twenty years as a guide in carrying out a state coordinated solid waste management program. The plan shall be developed into a single integrated document and shall be adopted no later than October 1990. The plan shall be revised regularly after its initial completion so that local governments revising local comprehensive solid waste management plans can take advantage of the data and analysis in the state plan.
(3) Provide technical assistance to any person as well as to cities, counties, and industries.
(4) Initiate, conduct, and support research, demonstration projects, and investigations, and coordinate research programs pertaining to solid waste management systems.
(5) Develop state-wide programs to increase public awareness of and participation in tire recycling, and to stimulate and encourage local private ((tire recycling centers)) and public participation in tire recycling.
(6) May, under the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, from time to time promulgate such rules and regulations as are necessary to carry out the purposes of this chapter.
Sec. 3. RCW 70.95.500 and 1985 c 345 s 4 are each amended to read as follows:
(1) No person may drop, deposit, discard, or otherwise dispose of vehicle tires on any public property or private property in this state or in the waters of this state whether from a vehicle or otherwise, including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley unless:
(a) The property is designated by the state, or by any of its agencies or political subdivisions, for the disposal of discarded vehicle tires; and
(b) The person is authorized to use the property for such purpose.
(2) A violation of this section is punishable as a gross misdemeanor or by a civil penalty((, which shall)) or both. The civil penalty may not be less than two hundred dollars nor more than two thousand dollars for each offense.
(3) The responsibility for cleanup of tire piles is the landowner's and any person in violation of RCW 70.95.550 through 70.95.565, who arranged for transport or transported the tires to the pile.
(4) This section does not apply to ((the storage or deposit of)) vehicle tires in quantities deemed exempt under rules adopted by the department of ecology under its functional standards for solid waste.
Sec. 4. RCW 70.95.510 and 1989 c 431 s 92 are each amended to read as follows:
There is levied a one dollar per tire fee on the retail sale of new replacement vehicle tires for a period ((of five years,)) beginning ((October 1, 1989)) January 1, 1995, and ending December 1, 1996. The fee imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee. The fee collected from the buyer by the seller less the ten percent amount retained by the seller as provided in RCW 70.95.535 shall be paid to the department of revenue in accordance with RCW 82.32.045. All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section. The department of revenue shall administer this section.
For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle purposes and does not include retreaded vehicle tires.
Sec. 5. RCW 70.95.535 and 1989 c 431 s 93 are each amended to read as follows:
(1) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar fee. The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.
(2) The department of ecology will administer the funds for the purposes specified in RCW 70.95.020(5) including, but not limited to:
(a) Contracts and grants for cleanup of tire piles that pose a threat to public health or safety;
(b) Making grants to local governments for ((pilot)) demonstration projects for ((on-site shredding and recycling of)) a variety of applications that use tires from ((unauthorized dump sites)) this state;
(((b))) (c) Grants to local government for enforcement programs;
(((c))) (d) Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets;
(((d))) (e) Product marketing studies for recycled tires and alternatives to land disposal.
Sec. 6. RCW 70.95.550 and 1988 c 250 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70.95.555 through 70.95.565.
(1) "Processor" means a person permitted and authorized by the county to alter a tire and make it unusable for its original purpose.
(2) "Recycling" has the same meaning as in RCW 70.95.030(16).
(3) "Pyrolysis" means any process in which waste tires are heated in an enclosed device in the absence of oxygen and produces a fuel capable of being burned for energy recovery.
(4) "Storage" or "storing" means the placing of ((more than eight hundred waste tires in a manner that does not constitute final disposal of the)) waste tires in a location, whether intended to be temporary or final disposal.
(((2))) (5) "Transportation" or "transporting" means picking up or transporting waste tires for the purpose of storage or final disposal but does not include tire wholesalers, retailers, or retread facilities picking up or delivering tires in the normal course of business.
(((3))) (6) "Waste tires" means tires that are no longer suitable for their original intended purpose because of wear, damage, or defect.
Sec. 7. RCW 70.95.555 and 1988 c 250 s 4 are each amended to read as follows:
Any person ((engaged in the business of)) transporting ((or storing)) waste tires shall ((be licensed by the department)) obtain a license annually from the department and shall obtain an identification sticker for each motorized vehicle. The sticker shall be located on the driver's door in a manner that is clearly visible. To obtain a license, each applicant must:
(1) Provide assurances that the applicant is in compliance with this chapter and the rules regarding waste tire storage and transportation; ((and))
(2) Submit annual tire management plans as defined in rule by the department; and
(3) Post a permit bond in the sum of ten thousand dollars in favor of the state of Washington. In lieu of the bond, the applicant may submit financial assurances acceptable to the department.
This section does not apply to persons transporting waste tires under the authority of the Washington utilities and transportation commission.
Sec. 8. RCW 70.95.560 and 1989 c 431 s 95 are each amended to read as follows:
Any person who transports or stores waste tires without a license in violation of RCW 70.95.555 shall be guilty of a gross misdemeanor ((and)) or a civil penalty, or both. Upon conviction of a gross misdemeanor, the person shall be punished under RCW 9A.20.021(2).
Sec. 9. RCW 70.95.565 and 1988 c 250 s 6 are each amended to read as follows:
No ((business)) person may enter into a contract for:
(1) Transportation of waste tires with an unlicensed waste tire transporter; or
(2) Waste tire storage with an unlicensed owner or operator of a waste tire storage site.
A person who utilizes unlicensed waste tire transporters or contracts with an unlicensed owner or operator of a waste tire storage site is in violation of this section. Such person shall receive a written warning on the first offense, and is punishable by a civil penalty of one thousand dollars for each subsequent offense. This penalty will not apply to persons who exercise due care to ensure that a transporter receiving waste tires is regulated by the Washington utilities and transportation commission or licensed by the department to do so. Persons contracting for transportation or storage of waste tires are required to keep documentation that the transporter's utilities and transportation permit, department license, or other identification of compliance was checked. Monetary penalties for violation of this section collected by the court shall be distributed to the local governmental entity enforcing the provisions of this section.
NEW SECTION. Sec. 10. A new section is added to chapter 70.95 RCW to read as follows:
(1) Except as provided in subsection (2) of this section, the department shall require all processors to post a bond or other form of financial insurance in an amount sufficient to cover all cleanup liabilities that may be incurred by the processor. The maximum number of tires stored by a processor shall be established by the department based on the amount of the bond or other form of financial insurance.
(2) The requirement in subsection (1) of this section shall not apply to processors possessing a valid permit on or before January 1, 1994.
NEW SECTION. Sec. 11. A new section is added to chapter 70.95 RCW to read as follows:
The department shall follow these priorities, in descending order, when developing and implementing policies related to waste tires: (1) Waste reduction; (2) recycling; (3) energy recovery and pyrolysis; and (4) incineration and landfill disposal.
NEW SECTION. Sec. 12. A new section is added to chapter 70.95 RCW to read as follows:
Chapter . . ., Laws of 1994 (this act) shall apply prospectively and not retroactively.
NEW SECTION. Sec. 13. The legislature finds that extending the expiration date of the tire fee under section 4 of this act is not a tax increase within the meaning of section 13, chapter 2, Laws of 1994 (Initiative 601). If the secretary of state determines that this act must be submitted to the people for their adoption and ratification, or rejection, as a result of section 13, chapter 2, Laws of 1994, this act shall be null and void."
Signed by Representatives G. Fisher, Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven and Wang.
Excused: Representative Holm; Vice Chair.
Passed to Committee on Rules for second reading.
February 28, 1994
2ESSB 6013 Prime Sponsor, Committee on Government Operations: Changing provisions relating to fire protection services. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.63A.300 and 1993 c 280 s 68 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 ((director of community, trade, and economic development)) governor 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. 2. RCW 43.63A.310 and 1986 c 266 s 55 are each amended to read as follows:
There is created the state fire protection policy board consisting of ((ten)) eight members appointed by the governor:
(1) ((Three)) One representative((s)) of fire chiefs((. At least one shall be from a fire department east of the Cascade mountains and at least one shall be from a fire department west of the Cascade mountains. One shall be from a fire protection district));
(2) One insurance industry representative;
(3) One representative of cities and towns;
(4) One representative of counties;
(5) ((Two)) One full-time, paid, career fire fighter((s));
(6) One volunteer fire fighter; ((and))
(7) One representative of fire commissioners; and
(8) One representative of fire control programs of the department of natural resources.
In making the appointments required under subsections (1) through (7) of this section, the governor shall (a) seek the advice of and consult with organizations involved in fire protection; and (b) ensure that racial minorities, women, and persons with disabilities are represented.
The terms of the appointed members of the board shall be three years and until a successor is appointed and qualified. However, initial board members shall be appointed as follows: Three members to terms of one year, three members to terms of two years, and four members to terms of three years. In the case of a vacancy of a member appointed under subsections (1) through (7) of this section, the governor shall appoint a new representative to fill the unexpired term of the member whose office has become vacant. A vacancy shall occur whenever an appointed member ceases to be employed in the occupation the member was appointed to represent. The members of the board appointed pursuant to subsections (1) and (5) of this section and holding office on the effective date of this act shall serve the remainder of their terms, and the reduction of the board required by section 2, chapter ---, Laws of 1994 (this section), shall occur upon the expiration of their terms.
The appointed members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
The board shall select its own chairperson and shall meet at the request of the governor or the chairperson and at least four times per year.
Sec. 3. RCW 43.63A.320 and 1993 c 280 s 69 are each amended to read as follows:
Except for matters relating to the statutory duties of the director of community, trade, and economic development which 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 which 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 which 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;
(c) 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.
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) 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; and
(e) 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.
(2) In addition to its responsibilities for fire service training, the board shall:
(a) Adopt a state fire protection master plan;
(((2))) (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;
(((3))) (c) Establish and promote state arson control programs and ensure development of local arson control programs;
(((4))) (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;
(((5))) (e) Seek and solicit grants, gifts, bequests, ((devices)) devises, and matching funds for use in furthering the objectives and duties of the board, and establish procedures for administering them;
(((6))) (f) Promote mutual aid and disaster planning for fire services in this state;
(((7))) (g) Assure the dissemination of information concerning the amount of fire damage including that damage caused by arson, and its causes and prevention;
(((8))) (h) Submit ((annually a)) an annual report to the governor ((containing a statement of)) describing its ((official acts)) activities undertaken pursuant to this chapter, and make such studies, reports, and recommendations to the governor and the legislature as are requested; and
(((9) Adopt a state fire training and education master plan;
(10) Develop and adopt a master plan for the construction, equipping, maintaining, and operation of necessary fire service training and education facilities, but the authority to construct, equip, and maintain such facilities is subject to chapter 43.19 RCW;
(11) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary to establish and operate fire service training and education facilities in a manner provided by law;
(12) Adopt standards for state-wide fire service training and education courses including courses in arson detection and investigation for personnel of fire, police, and prosecutor's departments;
(13) Assure the administration of)) (i) Implement any legislation enacted by the legislature ((in pursuance of the aims and purposes)) to meet the requirements of any acts of congress ((insofar as the provisions thereof may)) that apply((;
(14) Cooperate with the common schools, 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.
This section does not apply to forest fire service personnel and programs. Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule)) to this section.
(3) In carrying out its statutory duties, the board 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 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. 4. RCW 43.63A.340 and 1993 c 280 s 71 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 ((director of community, trade, and economic development)) governor shall appoint an assistant director who shall be known as the director of fire protection. The board, after consulting with the ((director)) governor, shall prescribe qualifications for the position of director of fire protection. The board shall submit to the ((director)) governor a list containing the names of three persons whom the board believes meet its qualifications. If requested by the ((director)) governor, 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 community, trade, and economic development, through the)) director of fire protection((,)) shall((, after consultation with the board,)) prepare a biennial budget pertaining to fire protection services. Such biennial budget shall be submitted as part of the department's budget request.
(5) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall implement and administer, within the constraints established by budgeted resources, the policies of the board ((and all duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection)). Such administration shall include negotiation of agreements with the state board for community and technical colleges, the higher education coordinating board, and the state colleges and universities as provided in RCW 43.63A.320. Programs covered by such agreements shall include, but not be limited to, planning curricula, developing and delivering instructional programs and materials, and utilizing 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 ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall seek the advice of the board in carrying out his or her duties under law.
Sec. 5. RCW 43.63A.377 and 1991 c 135 s 3 are each amended to read as follows:
Money from the fire services trust fund may be expended for the following purposes:
(1) Training of fire service personnel, including both classroom and hands-on training at the state fire training center or other locations approved by the director through the director of fire protection services;
(2) Maintenance and operation at the state's fire training center near North Bend. If in the future the state builds or leases other facilities as other fire training centers, a portion of these moneys may be used for the maintenance and operation at these centers;
(3) Lease or purchase of equipment for use in the provisions of training to fire service personnel;
(4) Grants or other subsidies to local ((entities)) jurisdictions to allow them to perform their functions under this section;
(5) Costs of administering these programs under this section;
(6) Licensing and enforcement of state laws governing the sales of fireworks; and
(7) Development with the legal fireworks industry and funding of a state-wide public education program for fireworks safety.
Sec. 6. RCW 48.48.060 and 1986 c 266 s 71 are each amended to read as follows:
(1) The chief of each organized fire department, the sheriff or other designated county official, and the designated city or town official shall investigate the cause((,)) and origin, and document extent of ((loss)) damage of all fires occurring within their respective jurisdictions, as determined by this subsection, and shall forthwith notify the ((director of community development, through the)) director of fire protection((,)) of all fires of criminal, suspected, or undetermined cause occurring within their respective jurisdictions. The county fire marshal shall also be notified of and investigate all such fires occurring in unincorporated areas of the county. Fire departments shall have the responsibility imposed by this subsection for areas within their jurisdictions. Sheriffs or other designated county officials shall have responsibility imposed by this subsection for county areas not within the jurisdiction of a fire department, unless such areas are within the boundaries of a city or town, in which case the designated city or town official shall have the responsibility imposed by this subsection. For the purposes of this subsection, county officials shall be designated by the county legislative authority, and city or town officials shall be designated by the appropriate city or town legislative or executive authority. In addition to the responsibility imposed by this subsection, any sheriff or chief of police may assist in the investigation of the cause((,)) and origin, and document extent of ((loss)) damage of all fires occurring within his or her respective jurisdiction.
(2) The ((director of community development, through the)) director of fire protection or his or her deputy((,)) may investigate any fire for the purpose of determining its cause, origin, and the extent of the loss. The ((director of community development, through the)) director of fire protection or his or her deputy((,)) shall assist in the investigation of those fires of criminal, suspected, or undetermined cause when requested by the reporting agency. In the investigation of any fire of criminal, suspected, or undetermined cause, the ((director of community development and the)) director of fire protection or his or her deputy((,)) are vested with police powers to enforce the laws of this state. To exercise these powers, authorized deputies must receive prior written authorization from the ((director of community development, through the)) director of fire protection((,)) and shall have completed a course of training prescribed by the Washington state criminal justice training commission.
Sec. 7. RCW 48.48.065 and 1986 c 266 s 72 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 ((director of community development, through the)) director of fire protection((,)) on each fire occurring within the official's jurisdiction. Reports shall be consistent with the national fire incident reporting system developed by the United States fire administration and rules established by the ((director of community development, through the director of)) fire protection policy board. The ((director of community development, 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 ((director of community development, through the)) director of fire protection((,)) shall analyze the information and data reported, compile a report, and distribute a copy annually by ((January 31)) June 30 to each chief fire official in the state. Upon request, the ((director of community development, 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 contract with a qualified individual or organization to gather and report such information under the following conditions:
(a) The contractor may be selected under the sole source provisions of chapter 39.29 RCW, so long as the contractor meets the qualifications of that chapter; and
(b) The information provided meets the diverse needs of state and local fire reporting agencies and is (i) defined in understandable terms of common usage in the fire community; (ii) adaptable to the varying levels of resources available, including whether a given client's system is operated electronically or not; (iii) maintained in a manner which will foster both technical support and resource sharing; and (iv) designed to meet both short and long-term needs.
NEW SECTION. Sec. 8. A new section is added to chapter 43.10 RCW to read as follows:
(1) The legislature finds that provisions for information systems relating to statistics and reporting for fire prevention, suppression, and damage control do not adequately address the needs of ongoing investigations of fire incidents where the cause is suspected or determined to be the result of negligence or otherwise suggestive of some criminal activity, particularly that of arson. It is the intent of the legislature to establish an information and reporting system designed specifically to assist state and local officers in conducting such investigations and, where substantiated, to undertake prosecution of individuals suspected of such activities.
(2)(a) In addition to the information provided by local officials about the cause, origin, and extent of loss in fires under chapter 48.48 RCW, there is hereby created the state arson investigation information system in the office of the attorney general.
(b) The attorney general shall develop the arson investigation information system in consultation with representatives of the various state and local officials charged with investigating fires resulting from suspicious or criminal activities under chapter 48.48 RCW and of the insurance industry.
(c) The arson investigation information system shall be designed to include at least the following attributes: (i) The information gathered and reported shall meet the diverse needs of state and local investigating agencies; (ii) the forms and reports are drafted in understandable terms of common usage; and (iii) the results shall be adaptable to the varying levels of available resources, maintained in a manner to foster data sharing and mutual aid activities, and made available to other law enforcement agencies responsible for criminal investigations.
(d) All insurers required to report claim information under the provisions of chapter 48.50 RCW shall cooperate fully with any requests from the attorney general in developing and maintaining the arson investigation information system. The confidentiality provisions of that chapter shall be fully enforced.
Sec. 9. RCW 48.48.080 and 1986 c 266 s 74 are each amended to read as follows:
If as the result of any such investigation, or because of any information received, the ((director of community development, through the)) director of fire protection((,)) is of the opinion that there is evidence sufficient to charge any person with any crime, he or she may cause such person to be arrested and charged with such offense, and shall furnish to the prosecuting attorney of the county in which the offense was committed, the names of witnesses and all pertinent and material evidence and testimony within his or her possession relative to the offense.
Sec. 10. RCW 52.12.031 and 1986 c 311 s 1 are each amended to read as follows:
Any fire protection district organized under this title may:
(1) Lease, acquire, own, maintain, operate, and provide fire and emergency medical apparatus and all other necessary or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency medical services and the protection of life and property;
(2) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;
(3) Contract with any governmental entity under chapter 39.34 RCW or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, investigation, and emergency medical purposes. In so contracting, the district or governmental entity is deemed for all purposes to be acting within its governmental capacity. This contracting authority includes the furnishing of fire prevention, fire suppression, investigation, emergency medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;
(4) Encourage uniformity and coordination of fire protection district operations. The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other district purposes, to hold and attend meetings, and to promote more economical and efficient operation of the associated fire protection districts. The commissioners of fire protection districts in the association shall adopt articles of association or articles of incorporation for a nonprofit corporation, select a chairman, secretary, and other officers as they may determine, and may employ and discharge agents and employees as the officers deem convenient to carry out the purposes of the association. The expenses of the association may be paid from funds paid into the association by fire protection districts: PROVIDED, That the aggregate contributions made to the association by a district in a calendar year shall not exceed two and one-half cents per thousand dollars of assessed valuation;
(5) Enter into contracts to provide group life insurance for the benefit of the personnel of the fire districts;
(6) Perform building and property inspections that the district deems necessary to provide fire prevention services and pre-fire planning within the district and any area that the district serves by contract in accordance with RCW 19.27.110: PROVIDED, That codes used by the district for building and property inspections shall be limited to the applicable codes adopted by the state, county, city, or town that has jurisdiction over the area in which the property is located. A copy of inspection reports prepared by the district shall be furnished by the district to the appropriate state, county, city, or town that has jurisdiction over the area in which the property is located: PROVIDED, That nothing in this subsection shall be construed to grant code enforcement authority to a district. This subsection shall not be construed as imposing liability on any governmental jurisdiction;
(7) Determine the origin and cause of fires occurring within the district and any area the district serves by contract. In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW 48.48.060;
(8) Perform acts consistent with this title and not otherwise prohibited by law.
NEW SECTION. Sec. 11. The association of fire commissioners that is authorized to be formed under RCW 52.12.031(4), the association of Washington cities, and the Washington state association of counties shall submit a report on achieving greater efficiency in the delivery of fire protection services to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 12. The state fire protection policy board shall conduct a study on the overlapping and confusing jurisdiction and responsibilities of local governments concerning fire investigation. The board shall make recommendations to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 13. The department of natural resources and the association of fire commissioners shall submit a report on the feasibility of providing fire protection for lands that are not federally protected, not protected by the department of natural resources, and not within the boundaries of a fire protection district to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 14. This act does not apply to forest fire service personnel and programs.
NEW SECTION. Sec. 15. RCW 48.48.120 and 1947 c 79 s .33.12 are each repealed.
Sec. 16. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:
(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state under RCW 84.52.065 shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by the state under section 17 of this act shall not exceed two cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for state fire protection services; (c) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (((c))) (d) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (((d))) (e) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.
(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.
NEW SECTION. Sec. 17. A new section is added to chapter 84.52 RCW to read as follows:
(1) Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year a tax of two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state, except classified or designated forest land under chapter 84.33 RCW, adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.
(2) The state fire protection services account is hereby created in the state treasury. All receipts from the tax levied under this section shall be deposited in the account. Except for unanticipated receipts under chapter 43.79 RCW, moneys in the account may be spent only after appropriation by statute. Expenditures from the account may be used only for state fire protection responsibilities.
NEW SECTION. Sec. 18. A new section is added to chapter 84.52 RCW to read as follows:
When a county assessor finds that the aggregate of all regular tax levies upon real and personal property by the state and all taxing districts other than a port or public utility district exceeds the limitation set forth in RCW 84.52.050, the assessor shall recompute and establish a consolidated levy as follows:
(1) If the limitation is exceeded only as a result of the levy authorized in section 17 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department, the certified property tax levy rates authorized under RCW 84.52.043(1)(e) and 52.16.140 shall be reduced on a pro rata basis until the limitation is not exceeded;
(2) If the limitation is exceeded as a result of both the levy authorized in section 17 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department and other tax levies, the pro rationing process provided in RCW 84.52.010 shall be followed until the limitation is exceeded only as a result of the levy authorized in section 17 of this act, and the consolidated levy shall then be further reduced in accordance with subsection (1) of this section.
NEW SECTION. Sec. 19. This act shall be submitted to the people for their adoption and ratification, or rejection, at the general election to be held in this state in 1995, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau and Wang.
MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; and Van Luven.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6033 Prime Sponsor, Committee on Government Operations: Lowering the city size limit for special excise taxes for special events, festivals, or promotional infrastructures. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven and Wang.
Excused: Representative Fuhrman; Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
February 28, 1994
ESB 6044 Prime Sponsor, Bauer: Changing residency status of Native Americans for purposes of higher education tuition. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on Higher Education:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28B.15 RCW to read as follows:
For the purposes of determining resident tuition rates, resident students shall include American Indian students who meet two conditions. First, the students must have been domiciled for a minimum of one year in the state of Oregon, Idaho, or Montana at the time that they enroll at an institution of higher education as defined in RCW 28B.10.016. Second, the students must be members of one of the following American Indian tribes whose traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington:
(1) Colville Confederated Tribes;
(2) Confederated Tribes of the Chehalis Reservation;
(3) Hoh Indian Tribe;
(4) Jamestown S'Klallam Tribe;
(5) Kalispel Tribe of Indians;
(6) Lower Elwha Klallam Tribe;
(7) Lummi Nation;
(8) Makah Indian Tribe;
(9) Muckleshoot Indian Tribe;
(10) Nisqually Indian Tribe;
(11) Nooksack Indian Tribe;
(12) Port Gamble S'Klallam Community;
(13) Puyallup Tribe of Indians;
(14) Quileute Tribe;
(15) Quinault Indian Nation;
(16) Confederated Tribes of Salish Kootenai;
(17) Sauk Suiattle Indian Nation;
(18) Shoalwater Bay Indian Tribe;
(19) Skokomish Indian Tribe;
(20) Snoqualmie Tribe;
(21) Spokane Tribe of Indians;
(22) Squaxin Island Tribe;
(23) Stillaguamish Tribe;
(24) Suquamish Tribe of the Port Madison Reservation;
(25) Swinomish Indian Community;
(26) Tulalip Tribes;
(27) Upper Skagit Indian Tribe;
(28) Yakama Indian Nation;
(29) Coeur d'Alene Tribe;
(30) Confederated Tribes of the Umatilla Indian Reservation;
(31) Confederated Tribes of Warm Springs;
(32) Kootenai Tribe; and
(33) Nez Perce Tribe.
Any student enrolled at a state institution of higher education as defined in RCW 28B.10.016 who is paying resident tuition under this section, and who has not established domicile in the state of Washington at least one year before enrollment, shall not be included in any calculation of state-funded enrollment for budgeting purposes, and no state general fund moneys shall be appropriated to a state institution of higher education for the support of such student.
Sec. 2. RCW 28B.15.012 and 1993 sp.s. c 18 s 4 are each amended to read as follows:
Whenever used in chapter 28B.15 RCW:
(1) The term "institution" shall mean a public university, college, or community college within the state of Washington.
(2) The term "resident student" shall mean: (a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational; (b) a dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution; (c) a student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous; (d) any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; ((or)) (e) a student who is the spouse or a dependent of a person who is on active military duty stationed in the state; or (f) a student who meets the requirements of section 1 of this act: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational.
(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. A nonresident student shall include:
(a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter.
(b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013.
(4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.
(5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
2SSB 6053 Prime Sponsor, Committee on Ways & Means: Modifying procedure for providing assistance to county assessors. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment by Committee on Revenue and without amendment by Committee on Local Government:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.21.011 and 1973 1st ex.s. c 11 s 1 are each amended to read as follows:
(1) Any assessor who deems it necessary to enable ((him)) the assessor to complete the listing and the valuation of the property of ((his)) the county within the time prescribed by law, (((1))) (a) may appoint one or more well qualified persons to act as ((his)) assistants or deputies who shall not engage in the private practice of appraising within the county in which he or she is employed without the written permission of the county assessor filed with the county auditor; and each such assistant or deputy so appointed shall, under the direction of the assessor, after taking the required oath, be authorized to perform all the duties enjoined upon, vested in or imposed upon assessors, and (((2))) (b) may contract with any persons, firms or corporations, who are expert appraisers, to assist in the valuation of property.
(2) To assist each assessor in obtaining adequate and well qualified assistants or deputies, the state department of personnel, after consultation with the Washington state association of county assessors, the Washington state association of counties, and the department of revenue, shall establish ((by July 1, 1967,)) and ((shall thereafter)) maintain((,)) a classification and salary plan for those employees of an assessor who act as appraisers. The plan shall recommend the salary range and employment qualifications for each position encompassed by it, and shall, to the fullest extent practicable, conform to the classification plan, salary schedules and employment qualifications for state employees performing similar appraisal functions.
((If an assessor intends to put such plan into effect in his county, he)) (3) An assessor may request a committee be formed to determine the level and duration of funding necessary to complete the listing and the valuation of the property of the county within the time prescribed by law and shall inform the department of revenue and the ((board of)) county ((commissioners)) legislative authority and county executive, if any, of this ((intent)) request in writing. ((The department of revenue and the board may thereupon each designate a representative, and such representative or representatives as may be designated by the department of revenue or the board, or both, shall form with the assessor a committee. The committee so formed may, by unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to enable the county assessor to carry out the requirements relating to revaluation of property in chapter 84.41 RCW. The determination of the committee shall be certified to the board of county commissioners. The committee provided for herein may be formed only once in a period of four calendar years.
After such determination, the assessor may provide, in each of his four next succeeding annual budget estimates, for as many positions as are established in such determination. Each board of county commissioners to which such a budget estimate is submitted shall allow sufficient funds for such positions. An employee may be appointed to a position covered by the plan only if the employee meets the employment qualifications established by the plan.)) The department shall reply to the assessor in writing, with a copy provided to the county legislative authority and county executive, if any, indicating whether the department will participate in forming a committee to study the assessor's request. Thereafter, in its discretion, the department may designate a representative who, together with a designated member of the county legislative authority and the assessor, shall form the committee.
(4) The committee shall meet for the purpose of reviewing the assessor's request and make unanimous findings and recommendations to determine the level of funding and the duration of funding with respect to appraisers, support staff, computer equipment and software, and other resources, necessary for the assessor to adequately maintain and complete the county revaluation program and list and value personal property within the time required by law and to place new construction on the assessment rolls on a regular annual basis.
(5) Within sixty days of the first meeting of the committee, or such additional time as may be determined by the committee, the representative of the department of revenue shall report the committee's unanimous findings and recommendations to the director of the department of revenue or his or her designee. The representative of the department shall also make recommendations regarding any unresolved issues, which shall be decided by the director or his or her designee.
(6) The department shall prepare a contract in accordance with the findings and recommendations of the committee and the decisions of the director or his or her designee to be signed by the assessor and the county legislative authority. The contract shall include the following provisions:
(a) A specified level of funding for a specified number of years to be provided on an annual basis to the assessor's office by the county legislative authority;
(b) Assurance by the assessor that the funds will be used in accordance with the findings and recommendations of the committee and the decisions of the director or his or her designee so as to adequately maintain and complete the county revaluation program within the time required by law and to place new construction on the assessment rolls on a regular annual basis;
(c) A procedure for the county legislative authority to request evaluation by the department of revenue of the assessor's performance under the terms of the contract; and
(d) A provision that the county legislative authority is not obligated to continue to provide the specified funding level if the evaluation by the department of revenue concludes that the assessor is not meeting the contract requirements.
(7) The county legislative authority may request a loan under the provisions of section 2 of this act to assist in carrying out the provisions of the contract described in subsection (6) of this section. If insufficient funding exists to make the loan, the county making the request may delay providing the funding level specified in the contract until such a loan can be made available.
NEW SECTION. Sec. 2. A new section is added to chapter 36.21 RCW to read as follows:
(1) The assessors' assistance fund is created in the custody of the state treasurer. The fund may be used only for making loans to counties in accordance with the provisions of RCW 36.21.011. All receipts from repayment to the fund and interest on the loans from the fund shall be deposited into the fund. Only the director of the department of revenue or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) All loans made from the assessors' assistance fund shall be made subject to the availability of funds and repaid from any fund under the control of the county legislative authority by the county receiving the loan in accordance with a schedule established by the department of revenue in consultation with the county legislative authority. Interest on the outstanding balance of the loan shall accrue at the rate specified in RCW 84.69.100 in effect on the date of the loan and continue at that rate until paid in full.
NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1994, in the omnibus appropriations act, this act shall be null and void.
NEW SECTION. Sec. 4. The department of revenue shall adopt rules consistent with chapter 34.05 RCW and the provisions of this chapter as necessary or desirable to permit the effective administration of this chapter.
NEW SECTION. Sec. 5. This act shall take effect July 1, 1994."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Van Luven and Wang.
Excused: Representative Thibaudeau.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6070 Prime Sponsor, Committee on Government Operations: Managing certain public records. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on State Government:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that: (1) Accountability for and the efficient management of local government records are in the public interest and that compliance with public records management requirements significantly affects the cost of local government administration; (2) the secretary of state is responsible for insuring the preservation of local government archives and may assist local government compliance with public records statutes; (3) as provided in RCW 40.14.025, all archives and records management services provided by the secretary of state are funded exclusively by a schedule of fees and charges established jointly by the secretary of state and the director of financial management; (4) the secretary of state's costs for preserving and providing public access to local government archives and providing records management assistance to local government agencies have been funded by fees paid by state government agencies; (5) local government agencies are responsible for costs associated with managing, protecting, and providing public access to the records in their custody; (6) local government should help fund the secretary of state's local government archives and records management services; (7) the five-dollar fee collected by county clerks for processing warrants for unpaid taxes or liabilities filed by the state of Washington is not sufficient to cover processing costs and is far below filing fees commonly charged for similar types of minor civil actions; (8) a surcharge of twenty dollars would bring the filing fee for warrants for the collection of unpaid taxes and liabilities up to a level comparable to other minor civil filings and should be applied to the support of the secretary of state's local government archives and records services without placing an undue burden on local government; and (9) the process of collecting and transmitting surcharge revenue should not have an undue impact on the operations of the state agencies that file warrants for the collection of unpaid taxes and liabilities or the clerks of superior court who process them.
NEW SECTION. Sec. 2. A new section is added to chapter 40.14 RCW to read as follows:
State agencies shall collect a surcharge of twenty dollars from the judgment debtor upon the satisfaction of a warrant filed in superior court for unpaid taxes or liabilities. The surcharge is imposed on the judgment debtor in the form of a penalty in addition to the filing fee provided in RCW 36.18.020(4). The surcharge revenue shall be transmitted to the state treasurer for deposit in the archives and records management account, or procedures for the collection and transmittal of surcharge revenue to the archives and records management account shall be established cooperatively between the filing agencies and clerks of superior court.
Surcharge revenue deposited in the archives and records management account shall be expended by the secretary of state exclusively for the payment of costs and expenses incurred in the provision of public archives and records management services to local government agencies by the division of archives and records management. The secretary of state shall work with local government representatives to establish a committee to advise the state archivist on the local government archives and records management program. Surcharge revenue shall be allocated exclusively to:
(1) Appraise, process, store, preserve, and provide public research access to original records designated by the state archivist as archival which are no longer required to be kept by the agencies which originally made or filed them;
(2) Protect essential records, as provided by chapters 40.10 and 40.20 RCW. Permanent facsimiles of essential records shall be produced and placed in security storage with the state archivist;
(3) Coordinate records retention and disposition management and provide support for the following functions under RCW 40.14.070:
(a) Advise and assist individual agencies on public records management requirements and practices; and
(b) Compile, maintain, and regularly update general records retention schedules and destruction authorizations; and
(4) Develop and maintain standards for the application of recording media and records storage technologies.
NEW SECTION. Sec. 3. This act shall take effect July 1, 1994."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
ESSB 6071 Prime Sponsor, Committee on Ways & Means: Authorizing an additional six-year industrial development levy. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment by Committee on Revenue and without amendment by Committee on Local Government:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 53.36.100 and 1982 1st ex.s. c 3 s 1 are each amended to read as follows:
(1) A port district having adopted a comprehensive scheme of harbor improvements and industrial developments may thereafter raise revenue, for ((twelve)) six years only, and a second six years if the procedures are followed under subsection (2) of this section, in addition to all other revenues now authorized by law, by an annual levy not to exceed forty-five cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district. In addition, if voters approve a ballot proposition authorizing additional levies by a simple majority vote, a port district located in a county bordering on the Pacific Ocean having adopted a comprehensive scheme of harbor improvements and industrial developments may impose these levies for a third six-year period. Said ((levy)) levies shall be used exclusively for the exercise of the powers granted to port districts under chapter 53.25 RCW except as provided in RCW 53.36.110. The levy of such taxes is herein authorized notwithstanding the provisions of RCW 84.52.050 and 84.52.043. The revenues derived from levies made under RCW 53.36.100 and 53.36.110 not expended in the year in which the levies are made may be paid into a fund for future use in carrying out the powers granted under chapter 53.25 RCW, which fund may be accumulated and carried over from year to year, with the right to continue to levy the taxes provided for in RCW 53.36.100 and 53.36.110 for the purposes herein authorized.
(2) If a port district intends to levy a tax under this section for one or more years after the first six years ((authorized in this section)) these levies were imposed, the port commission shall publish notice of this intention, in one or more newspapers of general circulation within the district, by June 1 of the year in which the first levy of the seventh through twelfth year period is to be made. If within ninety days of the date of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the port district for the office of the governor at the last preceding gubernatorial election, the county auditor shall canvass the signatures in the same manner as prescribed in RCW 29.79.200 and certify their sufficiency to the port commission within two weeks. The proposition to make these levies in the seventh through twelfth year period shall be submitted to the voters of the port district at a special election, called for this purpose, no later than the date on which a primary election would be held under RCW 29.13.070. The levies may be made in the seventh through twelfth year period only if approved by a majority of the voters of the port district voting on the proposition."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Van Luven and Wang.
MINORITY recommendation: Do not pass. Signed by Representative Fuhrman, Assistant Ranking Minority Member.
Excused: Representative Thibaudeau.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6081 Prime Sponsor, Committee on Ecology & Parks: Regulating the use, sale, and distribution of on-site sewage additives. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on Environmental Affairs:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that chemical additives do, and that other types of additives may, contribute to septic system failure and ground water contamination. In order to determine which ingredients of nonchemically based additive products have adverse effects on public health or the environment, it is necessary to submit such products to a review procedure.
The purpose of this act is: (1) To establish a timely and orderly procedure for review and approval of on-site sewage disposal system additives; (2) to prohibit the use, sale, or distribution of additives having an adverse effect on public health or the water quality of the state; (3) to require the disclosure of the contents of additives that are advertised, sold, or distributed in the state; and (4) to provide for consumer protection.
Sec. 2. RCW 70.118.020 and 1993 c 321 s 2 are each amended to read as follows:
As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.
(1) "Nonwater-carried sewage disposal devices" means any device that stores and treats nonwater-carried human urine and feces.
(2) "Alternative methods of effluent disposal" means systems approved by the department of health, including at least, mound systems, alternating drain fields, anaerobic filters, evapotranspiration systems, and aerobic systems.
(3) "Failure" means: (a) Effluent has been discharged on the surface of the ground prior to approved treatment; or (b) effluent has percolated to the surface of the ground; or (c) effluent has contaminated or threatens to contaminate a ground water supply.
(4) "Additive" means any commercial product intended to affect the ((internal)) performance or aesthetics of an on-site sewage disposal system.
(5) "Department" means the department of health.
(6) "On-site sewage disposal system" means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on nearby property under the control of the user where the system is not connected to a public sewer system. For purposes of this chapter, an on-site sewage disposal system does not include indoor plumbing and associated fixtures.
(7) "Chemical additive" means those additives containing acids, bases, or other chemicals deemed unsafe by the department for use in an on-site sewage disposal system.
(8) "Additive manufacturer" means any person who manufactures, formulates, blends, packages, or repackages an additive product for sale, use, or distribution within the state.
Sec. 3. RCW 70.118.060 and 1993 c 321 s 3 are each amended to read as follows:
(1) After July 1, 1994, a person may not use, sell, or distribute ((an)) a chemical additive to on-site sewage disposal systems ((unless such additive has been specifically approved by the department. The department may approve an additive if it can be demonstrated to the satisfaction of the department that the additive has a positive benefit, and no adverse effect, on the operation or performance of an on-site sewage system. Upon written request by an additive manufacturer or distributor for product evaluation,)).
(2) After January 1, 1996, no person shall use, sell, or distribute any on-site sewage disposal additive whose ingredients have not been approved by the department.
(3) Each manufacturer of an on-site sewage disposal system additive that is sold, advertised, or distributed in the state shall submit the following information to the department: (a) The name and address of the company; (b) the name of the product; (c) the complete product formulation; (d) the location where the product is manufactured; (e) the intended method of product application; and (f) a request that the product be reviewed.
(4) The department shall adopt rules providing the criteria, review, and decision-making procedures to be used in reviewing on-site sewage disposal additives for use, sale, or distribution in the state. The criteria shall be designed to determine whether the additive has an adverse effect on public health or water quality. The department may charge a fee sufficient to cover the costs of evaluating the additive, including the development of ((standards)) criteria and review procedures.
(((2))) The fee schedule shall be established by rule.
(5) The department shall issue a decision as to whether a product registered pursuant to subsection (3) of this section is approved or denied within forty-five days of receiving a complete evaluation as required pursuant to subsection (4) of this section.
(6) Manufacturers shall reregister their product as provided in subsection (3) of this section each time their product formulation changes. The department may require a new approval for products registered under this subsection prior to allowing the use, sale, or distribution within the state.
(7) The department may contract with private laboratories for the performance of any duties necessary to carry out the purpose of this section.
(8) The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the prohibition on the sale or distribution of additives, or to enjoin any violation of the conditions in section 5 of this act.
(((3))) (9) The department is responsible for providing written notification to ((major distributors and wholesalers of)) additives manufacturers of the ((state-wide prohibition on additives)) provisions of this section and sections 4 and 5 of this act. The notification shall be provided no later than ((October 1, 1993)) thirty days after the effective date of this section. Within thirty days of notification from the department, ((distributors and wholesalers)) manufacturers shall provide the same notification to their distributors, wholesalers, and retail customers. ((The department shall also provide notification to major distributors and wholesalers of additive products that have been approved.))
NEW SECTION. Sec. 4. A new section is added to chapter 70.118 RCW to read as follows:
The department shall hold confidential any information obtained pursuant to RCW 70.118.060 when shown by any manufacturer that such information, if made public, would divulge confidential business information, methods, or processes entitled to protection as trade secrets of the manufacturer.
NEW SECTION. Sec. 5. A new section is added to chapter 70.118 RCW to read as follows:
(1) Each manufacturer of a certified and approved additive product advertised, sold, or distributed in the state shall:
(a) Make no claims relating to the elimination of the need for septic tank pumping or proper septic tank maintenance;
(b) List the components of additive products on the product label, along with information regarding instructions for use and precautions;
(c) Make no false statements, design, or graphic representation relative to an additive product that is inconsistent with RCW 70.118.060, section 4 of this act, or this section; and
(d) Make no claims, either direct or implied, about the performance of the product based on state approval of its ingredients.
(2) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6099 Prime Sponsor, Committee on Agriculture: Modifying weights and measures provisions. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment by Committee on Revenue and without amendment by Committee on Agriculture & Rural Development:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.94.010 and 1992 c 237 s 3 are each amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and to any rules adopted pursuant to this chapter.
(a) "City" means a first class city with a population of over fifty thousand persons.
(b) "City sealer" means the person duly authorized by a city to enforce and administer the weights and measures program within such city and any duly appointed deputy sealer acting under the instructions and at the direction of the city sealer.
(c) "Commodity in package form" means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in packaged form, but on which there is marked a selling price based on established price per unit of weight or of measure, shall be construed to be a commodity in package form.
(d) "Consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by persons, or used by persons for the purpose of personal care or in the performance of services ordinarily rendered in or about a household or in connection with personal possessions.
(e) "Cord" means the measurement of wood intended for fuel or pulp purposes that is contained in a space of one hundred twenty-eight cubic feet, when the wood is ranked and well stowed.
(f) "Department" means the department of agriculture of the state of Washington.
(g) "Director" means the director of the department or duly authorized representative acting under the instructions and at the direction of the director.
(h) "Fish" means any waterbreathing animal, including shellfish, such as, but not limited to, lobster, clam, crab, or other mollusca that is prepared, processed, sold, or intended for sale.
(i) "Net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of such commodity. Materials, substances, or items not considered to be part of a commodity shall include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons.
(j) "Nonconsumer package" or "package of nonconsumer commodity" means a commodity in package form other than a consumer package and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.
(k) "Meat" means and shall include all animal flesh, carcasses, or parts of animals, and shall also include fish, shellfish, game, poultry, and meat food products of every kind and character, whether fresh, frozen, cooked, cured, or processed.
(l) "Official seal of approval" means the uniform seal or certificate issued by the director or city sealer which indicates that a weights and measures standard or a weighing or measuring instrument or device conforms with the specifications, tolerances, and other technical requirements adopted in RCW 19.94.195.
(m) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, business trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
(n) "Poultry" means all fowl, domestic or wild, that is prepared, processed, sold, or intended or offered for sale.
(o) "Service agent" means a person who for hire, award, commission, or any other payment of any kind, installs, inspects, checks, adjusts, repairs, reconditions, or systematically standardizes the graduations of a weighing or measuring instrument or device.
(p) "Ton" means a unit of two thousand pounds avoirdupois weight.
(q) "Weighing or measuring instrument or device" means any equipment or apparatus used commercially to establish the size, quantity, capacity, count, extent, area, heaviness, or measurement of quantities, things, produce, or articles for distribution or consumption, that are purchased, offered or submitted for sale, hire, or award on the basis of weight, measure or count, including any accessory attached to or used in connection with a weighing or measuring instrument or device when such accessory is so designed or installed that its operation affects, or may effect, the accuracy or indication of the device. This definition shall be strictly limited to those weighing or measuring instruments or devices governed by Handbook 44 as adopted under RCW 19.94.195.
(r) "Weight" means net weight as defined in this section.
(s) "Weights and measures" means the recognized standards or units of measure used to indicate the size, quantity, capacity, count, extent, area, heaviness, or measurement of any consumable commodity.
(t) "Secondary weights and measures standard" means ((any object)) the physical standards that are traceable to the primary standards through comparisons, used by the director, a city sealer, or a service agent that under specified conditions defines or represents a recognized weight or measure during the inspection, adjustment, testing, or systematic standardization of the graduations of any weighing or measuring instrument or device.
(2) The director shall prescribe by rule other definitions as may be necessary for the implementation of this chapter.
Sec. 2. RCW 19.94.160 and 1992 c 237 s 5 are each amended to read as follows:
Weights and measures standards that are in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state weights and measures standards, shall, when the same shall have been certified as such by the national institute of standards and technology or any successor organization, be the ((state)) primary standards of weight and measure. The state weights and measures standards shall be kept in a place designated by the director and shall ((not be removed from such designated place except for repairs or for certification. These state weights and measures standards shall be submitted at least once every ten years to the national institute of standards and technology or any successor organization for certification)) be maintained in such calibration as prescribed by the national institute of standards and technology or any successor organization.
Sec. 3. RCW 19.94.175 and 1992 c 237 s 7 are each amended to read as follows:
(1) The department shall establish reasonable, biennial inspection and testing fees for each type or class of weighing or measuring instrument or device required to be inspected and tested under this chapter. These inspection and testing fees shall be equitably prorated within each such type or class and shall be limited to those amounts necessary for the department to cover, to the extent possible, the direct costs associated with the inspection and testing of each type or class of weighing or measuring instrument or device.
(2) Prior to the establishment and each amendment of the fees authorized under this chapter, a weights and measures fee task force shall be convened under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair and one representative from each of the following: City sealers, service agents, service stations, grocery stores, retailers, food processors/dealers, oil heat dealers, the agricultural community, and liquid propane dealers. The task force shall recommend the appropriate level of fees to be assessed by the department pursuant to subsection (1) of this section, based upon the level necessary to cover the direct costs of administering and enforcing the provisions of this chapter and to the extent possible be consistent with fees reasonably and customarily charged in the private sector for similar services.
(3) The fees authorized under this chapter ((may)) shall be billed only after the director or a city sealer has ((issued an official seal of approval for a)) officially inspected and tested any weighing or measuring instrument or device ((or a weight or measure standard)).
(4) ((All fees)) Any fees assessed under this chapter shall become due and payable thirty days after billing by the department or a city sealer. A late penalty of one and one-half percent per month may be assessed on the unpaid balance more than thirty days in arrears.
(5) Fees upon weighing or measuring instruments or devices within the jurisdiction of the city that are collected under this section by city sealers shall be deposited into the general fund, or other account, of the city as directed by the governing body of the city. ((On the thirtieth day of each month, city sealers shall, pursuant to procedures established and upon forms provided by the director, remit to the department for administrative costs ten percent of the total fees collected.))
(6) With the exception of subsection (7) of this section, no person shall be required to pay more than the established inspection and testing fee adopted under this section for any weighing or measuring instrument or device in any two-year period when the same has been found to be correct.
(7) ((Whenever a special request is made by the owner for the inspection and testing of a weighing or measuring instrument or device, the fee prescribed by the director for such a weighing or measuring instrument or device shall be paid by the owner.)) The department or a city sealer may establish reasonable inspection and testing fees for each type or class of weighing or measuring instrument or device specially requested to be inspected or tested by the device owner. These inspection and testing fees shall be limited to those amounts necessary for the department or city sealer to cover the direct costs associated with such inspection and testing. The fees established under this subsection shall not be set so as to compete with service agents normally engaged in such services.
NEW SECTION. Sec. 4. A new section is added to chapter 19.94 RCW to read as follows:
(1) The department or a city sealer may establish reasonable reinspection and testing fees for each type or class of weighing or measuring instrument or device required to be inspected and tested under this chapter when such a device has been found to be incorrect. These reinspection and testing fees shall be limited to those amounts necessary for the department or a city sealer to cover, to the extent possible, the direct costs associated with the reinspection and testing of each type or class of weighing or measuring instrument or device. Investigations for cause shall not be construed as reinspections under this section.
(2) Prior to the establishment and each amendment of the fees authorized under this section, a weights and measures fee task force shall be convened under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair and one representative appointed by the director from each of the following: City sealers, service agents, service stations, grocery stores, retailers, food processors/dealers, oil heat dealers, the agricultural community, and liquid propane dealers. The task force shall recommend the appropriate level of fees to be assessed by the department by rule pursuant to subsection (1) of this section, based upon the level necessary to cover the direct costs of administering and enforcing the provisions of this section and to the extent possible be consistent with fees reasonably and customarily charged in the private sector for similar services.
(3) This section expires June 30, 1995.
Sec. 5. RCW 19.94.185 and 1992 c 237 s 8 are each amended to read as follows:
All moneys collected under this chapter shall be placed in the weights and measures account hereby established in the state treasury. Moneys deposited in this account may be spent only following appropriation by law and shall be used solely for the purposes ((of weighing or measuring instrument or device inspection and testing)) relating to the enforcement or implementation of this chapter.
Sec. 6. RCW 19.94.190 and 1992 c 237 s 9 are each amended to read as follows:
(1) The director and duly appointed city sealers shall enforce the provisions of this chapter. The director shall adopt rules for enforcing and carrying out the purposes of this chapter including but not limited to the following:
(a) Establishing state standards of weight, measure, or count, and reasonable standards of fill for any commodity in package form;
(b) The establishment of technical and reporting procedures to be followed, any necessary report and record forms, and marks of rejection to be used by the director and city sealers in the discharge of their official duties as required by this chapter;
(c) The establishment of technical test procedures, reporting procedures, and any necessary record and reporting forms to be used by service agents when installing, repairing, inspecting, or standardizing the graduations of any weighing or measuring instruments or devices;
(d) ((The establishment of fee payment and reporting procedures and any necessary report and record forms to be used by city sealers when remitting the percentage of total fees collected as required under this chapter;
(e))) The establishment of exemptions from the sealing or marking inspection and testing requirements of RCW 19.94.250 with respect to weighing or measuring instruments or devices of such character or size that such sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question;
(((f))) (e) The establishment of exemptions from the inspection and testing requirements of RCW 19.94.165 with respect to classes of weighing or measuring instruments or devices found to be of such character that periodic inspection and testing is unnecessary to ensure continued accuracy; and
(((g))) (f) The establishment of inspection and approval techniques, if any, to be used with respect to classes of weighing or measuring instruments or devices that are designed specifically to be used commercially only once and then discarded, or are uniformly mass-produced by means of a mold or die and are not individually adjustable.
(2) These rules shall also include specifications and tolerances for the acceptable range of accuracy required of weighing or measuring instruments or devices and shall be designed to eliminate from use, without prejudice to weighing or measuring instruments or devices that conform as closely as practicable to official specifications and tolerances, those (a) that are of such construction that they are faulty, that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly, or (b) that facilitate the perpetration of fraud.
Sec. 7. RCW 19.94.216 and 1992 c 237 s 12 are each amended to read as follows:
The department shall:
(1) Biennially inspect and test the secondary weights and measures standards of any city for which the appointment of a city sealer is provided by this chapter and shall issue an official seal of approval for same when found to be correct. The department shall, by rule, establish a reasonable fee for ((such)) this and any other inspection and testing services performed by the department's metrology laboratory.
(2) Biennially inspect, test, and, if found to be correct, issue an official seal of approval for any weighing or measuring instrument or device used in an agency or institution to which moneys are appropriated by the legislature or of the federal government and shall report any findings in writing to the executive officer of the agency or institution concerned. The department shall collect a reasonable fee, to be set by rule, for testing any such weighing or measuring instrument or device.
(3) Inspect, test, and, if found to be correct, issue a seal of approval for classes of weighing or measuring instruments or devices found to be few in number, highly complex, and of such character that differential inspection and testing frequency is necessary including, but not limited to, railroad track scales and grain elevator scales. The department shall develop rules regarding the inspection and testing procedures to be used for such weighing or measuring instruments or devices which shall include requirements for the provision, maintenance, and transport of any weight or measure standard necessary for inspection and testing at no expense to the state. The department may collect a reasonable fee, to be set by rule, for inspecting and testing any such weighing and measuring instruments or devices. This fee shall not be unduly burdensome and shall cover, to the extent possible, the direct costs of performing such service.
Sec. 8. RCW 19.94.255 and 1992 c 237 s 17 are each amended to read as follows:
(1) Weighing or measuring instruments or devices that have been rejected under the authority of the director or a city sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section.
(2) The owner of any weighing or measuring instrument or device that has been marked or tagged as rejected by the director or a city sealer shall cause the same to be made correct within thirty days or such longer period as may be authorized by the rejecting authority. In lieu of correction, the owner of such weighing and measuring instrument or device may dispose of the same, but only in the manner specifically authorized by the rejecting authority.
(((3) Weighing and measuring instruments or devices that have been rejected shall not again be used commercially until they have been officially reexamined and, if found to be correct, had an official seal of approval placed upon or issued for such weighing or measuring instrument or device by the rejecting authority.))
Sec. 9. RCW 19.94.280 and 1992 c 237 s 20 are each amended to read as follows:
(1) There may be a city sealer in every city and such deputies as may be required by ordinance of each such city to administer and enforce the provisions of this chapter.
(2) Each city electing to have a city sealer shall adopt rules for the appointment and removal of the city sealer and any deputies required by local ordinance. The rules for appointment of a city sealer and any deputies must include provisions for the advice and consent of the local governing body of such city and, as necessary, any provisions for local civil service laws and regulations.
(3) A city sealer ((shall)) may adopt the fee amounts established ((by the director pursuant to RCW 19.94.165)) under RCW 19.94.175. However, no city shall adopt or charge an inspection, testing, reinspection, retesting, or licensing fee or any other fee upon a weighing or measuring instrument or device that is in excess of the fee amounts ((adopted under RCW 19.94.165)) established by the department under the provisions of this chapter for substantially similar services.
(4) A city sealer shall keep a complete and accurate record of all official acts performed under the authority of this chapter and shall submit an annual report to the governing body of his or her city and shall make any reports as may be required by the director.
Sec. 10. RCW 19.94.320 and 1992 c 237 s 22 are each amended to read as follows:
(1) In cities for which city sealers have been appointed as provided for in this chapter, the director shall have general ((supervisory powers over such)) oversight of city ((sealers)) weights and measures programs and may, when he or she deems it reasonably necessary, exercise concurrent authority to carry out the provisions of this chapter.
(2) When the director elects to exercise concurrent authority within a city with a duly appointed city sealer, the director's powers and duties relative to this chapter shall be in addition to the powers granted in any such city by law or charter.
Sec. 11. RCW 19.94.360 and 1969 c 67 s 36 are each amended to read as follows:
In addition to the declarations required by RCW 19.94.350, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity ((and bearing the total selling price of the package)) at the time it is exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count and the total selling price of the package.
NEW SECTION. Sec. 12. A new section is added to chapter 15.80 RCW to read as follows:
All moneys collected under this chapter shall be placed in the weights and measures account in the state treasury created in RCW 19.94.185."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver and Wang.
MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Talcott and Van Luven.
Excused: Representative Thibaudeau.
Passed to Committee on Rules for second reading.
February 28, 1994
2SSB 6107 Prime Sponsor, Committee on Ways & Means: Allowing fees for services for the department of community, trade, and economic development. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on Environmental Affairs:
On page 2, line 17, after "under" strike "section 1" and insert "sections 1, 2, and 7"
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
ESSB 6125 Prime Sponsor, Committee on Natural Resources: Revising fees and procedures for recreational fish and hunting licenses. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment by Committee on Fisheries & Wildlife:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 77.32 RCW to read as follows:
The legislature finds that it is in the best interest of recreational hunters and fishers in the state of Washington to be able to purchase all recreational hunting and fishing licenses as a single document. Under the combined department of fish and wildlife, there is the opportunity to establish uniform license requirements and procedures.
There is created a sport recreational license, to be administered by the department of fish and wildlife. The sport recreational license shall include the personal use food fish, game fish, hunting, hound, and eastern Washington upland bird licenses, for residents and nonresidents. The license shall also include three-day game fish and food fish licenses, for residents and nonresidents. The license shall include a warm water game fish surcharge, the funds from which shall be deposited in the warm water game fish account, under chapter . . . (Second Substitute Senate Bill No. 6206), Laws of 1994. The license may also include provisions for other special licenses, surcharges, or enhancement stamps as needed.
NEW SECTION. Sec. 2. A new section is added to chapter 77.32 RCW to read as follows:
The legislature finds that it is in the best interest of recreational hunters and fishers in the state of Washington to be able to purchase all recreational hunting and fishing licenses as a single document. Under the combined department of fish and wildlife, there is the opportunity to establish uniform license requirements and procedures.
There is created a sport recreational license, to be administered by the department of fish and wildlife. The sport recreational license shall include the personal use food fish, game fish, hunting, hound, and eastern Washington upland bird licenses, for residents and nonresidents. The license shall also include three-day game fish and food fish licenses, for residents and nonresidents.
Sec. 3. RCW 75.08.011 and 1993 sp.s. c 2 s 20 and 1993 c 340 s 47 are each reenacted and amended to read as follows:
As used in this title or rules of the director, unless the context clearly requires otherwise:
(1) "Director" means the director of fish and wildlife.
(2) "Department" means the department of fish and wildlife.
(3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations, including corporations and partnerships.
(4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.
(5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
(6) "To fish," "to harvest," and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.
(7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
(8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
(9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
(10) "Resident" means a person who has ((for the preceding ninety days)) maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.
(11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
(12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.
(13) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
(14) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:
Scientific Name Common Name
Oncorhynchus tshawytscha Chinook salmon
Oncorhynchus kisutch Coho salmon
Oncorhynchus keta Chum salmon
Oncorhynchus gorbuscha Pink salmon
Oncorhynchus nerka Sockeye salmon
(15) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.
(16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.
(17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.
(18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel ((to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks)).
(19) "Open season" means those times, manners of taking, and places or waters established by rule of the director for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.
(20) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.
(21) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW.
(22) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
Sec. 4. RCW 75.25.091 and 1993 sp.s. c 17 s 2 are each amended to read as follows:
(1) A personal use food fish license is required for all persons other than residents under fifteen years of age((, honorably discharged veterans with service-connected disabilities of thirty percent or more who have resided in the state for one year or more, or residents seventy years of age or older)) to fish for, take, or possess food fish for personal use from state waters or offshore waters. A personal use food fish license is not required under this section to fish for, take, or possess carp, smelt, or albacore.
(2) The fees for annual personal use food fish licenses include the one dollar regional fisheries enhancement surcharge imposed in RCW 75.50.100 and are as follows:
(a) For a resident fifteen years of age or older and under seventy years of age, ((seven)) eight dollars; ((and))
(b) For a resident seventy years of age or older, three dollars; and
(c) For a nonresident, ((nineteen)) twenty dollars.
(3) The fee for a ((two-consecutive-day)) three-consecutive-day personal use food fish license is ((four)) five dollars, and includes the one-dollar regional fishery enhancement group surcharge imposed in RCW 75.50.100.
(4) An annual personal use food fish license is valid for a maximum catch of fifteen salmon, after which another annual personal use food fish license may be purchased.
(5) An annual personal use food fish license is valid for an annual maximum catch of fifteen sturgeon. No person may take more than fifteen sturgeon in any calendar year.
Sec. 5. RCW 75.25.092 and 1993 sp.s. c 17 s 3 are each amended to read as follows:
(1) A personal use shellfish and seaweed license is required for all persons other than residents under fifteen years of age ((or honorably discharged veterans with service-connected disabilities of thirty percent or more who have resided in the state for one year or more)) to fish for, take, dig for, or possess seaweed or shellfish except crawfish (Pacifastacus sp.) for personal use from state waters or offshore waters including national park beaches.
(2) The fees for annual personal use shellfish and seaweed licenses are:
(a) For a resident fifteen years of age or older and under seventy years of age, five dollars;
(b) For a resident seventy years of age or older, three dollars; and
(c) For a nonresident, twenty dollars.
(3) The fee for a ((two-consecutive-day)) three-consecutive-day personal use shellfish and seaweed license is five dollars.
Sec. 6. RCW 75.25.110 and 1993 sp.s. c 17 s 6 are each amended to read as follows:
(1) Any of the recreational fishing licenses required by this chapter shall, upon ((request)) written application, be issued without charge to the following individuals ((upon request)):
(a) ((Residents under fifteen years of age;
(b))) Residents who ((submit applications attesting that they)) are ((a person sixty-five years of age or older who is an)) honorably discharged veterans of the United States armed forces and who are sixty-five years of age or older with a service-connected disability ((and who has been a resident of this state for the preceding ninety days));
(b) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability;
(c) A ((blind)) person who is blind;
(d) A person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability from the department of social and health services; and
(e) A person who is physically handicapped and confined to a wheelchair.
(2) A ((blind)) person who is blind or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a fishing license.
(3) Licenses issued at no charge under this section shall be issued from Olympia as provided by rule of the director.
Sec. 7. RCW 75.25.120 and 1993 sp.s. c 17 s 7 are each amended to read as follows:
In concurrent waters of the Columbia river and in Washington coastal territorial waters from the Oregon-Washington boundary to a point five nautical miles north, an Oregon angling license comparable to the Washington personal use food fish license or ((two-consecutive-day)) three-consecutive-day personal use food fish license is valid if Oregon recognizes as valid the Washington personal use food fish license or ((two-consecutive-day)) three-consecutive-day personal use food fish license in comparable Oregon waters.
If Oregon recognizes as valid the Washington personal use food fish license or ((two-consecutive-day)) three-consecutive-day personal use food fish license southward to Cape Falcon in the coastal territorial waters from the Washington-Oregon boundary and in concurrent waters of the Columbia river then Washington shall recognize a valid Oregon license comparable to the Washington personal use food fish license or ((two-consecutive-day)) three-consecutive-day personal use food fish license northward to Leadbetter Point.
Oregon licenses are not valid for the taking of food fish when angling in concurrent waters of the Columbia river from the Washington shore.
Sec. 8. RCW 75.25.150 and 1993 sp.s. c 17 s 9 are each amended to read as follows:
It is unlawful to dig for, fish for, harvest, or possess shellfish ((or)), food fish, or seaweed without the licenses required by this chapter.
Sec. 9. RCW 75.25.180 and 1993 sp.s. c 17 s 10 and 1993 sp.s. c 2 s 44 are each reenacted and amended to read as follows:
Recreational licenses issued by the department under this chapter are valid for the following periods:
(1) Recreational licenses issued without charge to persons designated by this chapter are valid for a period of five years((:
(a) For blind persons;
(b) For the period of continued state residency for qualified disabled veterans;
(c) For persons with a developmental disability; and
(d) For handicapped persons confined to a wheelchair who have been issued a permanent disability card)).
(2) ((Two-consecutive-day)) Three-consecutive-day personal use food fish and shellfish and seaweed licenses expire at midnight on the second day following the validation date written on the license by the license dealer, except ((two-consecutive-day)) three-consecutive-day personal use food fish and shellfish and seaweed licenses validated for December 30 or 31 expire at midnight on ((that date)) December 31.
(3) ((A personal use food fish license is valid for a maximum catch of fifteen salmon, after which another personal use food fish license may be purchased. A)) An annual personal use food fish license or annual personal use shellfish and seaweed license is valid only for the calendar year for which it is issued.
(((4) A personal use food fish license is valid for an annual maximum catch of fifteen sturgeon.
(5) Personal use shellfish licenses are valid for the calendar year for which they are issued.))
NEW SECTION. Sec. 10. A new section is added to chapter 75.25 RCW to read as follows:
The director shall by rule establish the conditions for issuance of duplicate licenses, permits, tags, stamps, and catch record cards required by this chapter. The fee for a duplicate provided under this section is ten dollars for those licenses that are ten dollars and over, and for those licenses under ten dollars the duplicate fee is the value of the license.
Sec. 11. RCW 77.32.161 and 1991 sp.s. c 7 s 2 are each amended to read as follows:
A nonresident or resident may obtain a temporary fishing license, which allows the holder to fish for game fish throughout the state for either three ((consecutive)) days or for one day. The fee for ((this)) a three-day license is nine dollars for residents and seventeen dollars for nonresidents. The fee for a one-day license is three dollars for residents and seven dollars for nonresidents. The resident temporary fishing license is not valid for an eight consecutive day period beginning on the opening day of the lowland lake fishing season.
Sec. 12. RCW 77.32.101 and 1991 sp.s. c 7 s 1 are each amended to read as follows:
(1) A combination hunting and fishing license allows a resident holder to hunt, and to fish for game fish throughout the state. The fee for this license is twenty-nine dollars.
(2) A hunting license allows the holder to hunt throughout the state. The fee for this license is fifteen dollars for residents and one hundred fifty dollars for nonresidents.
(3) A fishing license allows the holder to fish for game fish throughout the state. The fee for this license is seventeen dollars for residents fifteen years of age or older and under seventy years of age, three dollars for residents seventy years of age or older, twenty dollars for nonresidents under fifteen years of age, and forty-eight dollars for nonresidents fifteen years of age or older.
(4) A steelhead fishing license allows the holder of a combination hunting and fishing license or a fishing license issued under this section to fish for steelhead throughout the state. The fee for this license is eighteen dollars.
(5) A juvenile steelhead license allows residents under fifteen years of age and nonresidents under fifteen years of age who hold a fishing license to fish for steelhead throughout the state. The fee for this license is six dollars and entitles the holder to take up to five steelhead at which time another juvenile steelhead license may be purchased. Any person who purchases a juvenile steelhead license is prohibited from purchasing a steelhead license for the same calendar year.
Sec. 13. RCW 77.32.230 and 1991 sp.s. c 7 s 5 are each amended to read as follows:
(1) A person sixty-five years of age or older who is an honorably discharged veteran of the United States armed forces having a service-connected disability and who ((has been)) is a resident ((for five years)) may receive upon written application a ((state)) hunting and fishing license free of charge.
(2) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability may receive upon written application a hunting and fishing license free of charge.
(3) An honorably discharged veteran who is a resident and is confined to a wheelchair shall receive upon application a hunting license free of charge.
(4) A ((blind)) person who is blind, or a person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability from the department of social and health services, or a physically handicapped person confined to a wheelchair may receive upon written application a fishing license free of charge.
(((3))) (5) A ((blind)) person who is blind or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a fishing license ((unless tags, permits, stamps, or punchcards are required by this chapter)).
(((4))) (6) A fishing license is not required for ((persons)) residents under the age of fifteen.
(((5))) (7) Tags, permits, stamps, and ((punchcards)) steelhead licenses required by this chapter shall be purchased separately by persons receiving a free or reduced-fee license.
(8) Licenses issued at no charge under this section shall be issued from Olympia as provided by rule of the director, and are valid for five years.
Sec. 14. RCW 77.32.256 and 1991 sp.s. c 7 s 7 are each amended to read as follows:
The director shall by rule establish the conditions for issuance of duplicate licenses, rebates, permits, tags, stamps, and ((punchcards)) catch record cards required by this chapter. The fee for a duplicate provided under this section is ten dollars for those licenses that are ten dollars and over, and for those licenses under ten dollars the duplicate fee is the value of the license.
NEW SECTION. Sec. 15. All licenses issued by the department of fisheries under Title 75 RCW or issued by the department of wildlife under Title 77 RCW shall be recognized as valid by the department of fish and wildlife until the stated expiration date.
NEW SECTION. Sec. 16. Section 15 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 17. Sections 3 through 14 of this act shall take effect July 1, 1995.
NEW SECTION. Sec. 18. Section 1 of this act shall take effect July 1, 1995, if Second Substitute Senate Bill No. 6206 becomes law by June 30, 1994, otherwise section 1 of this act shall not take effect.
NEW SECTION. Sec. 19. Section 2 of this act shall take effect July 1, 1995, if Second Substitute Senate Bill No. 6206 does not become law by June 30, 1994, otherwise section 2 of this act shall not take effect."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Van Luven and Wang.
Excused: Representative Thibaudeau.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6143 Prime Sponsor, Committee on Ways & Means: Establishing membership service credit. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment:
On page 2, beginning on line 29, strike subsection (4)
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
SB 6146 Prime Sponsor, Skratek: Diversifying the economy by locating a film and video production facility within the state. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment:
On page 3, after line 3, strike all of section 2 and insert:
"NEW SECTION. Sec. 2. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1994, in the omnibus appropriations act, this act is null and void."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
MINORITY recommendation: Do not pass. Signed by Representative G. Fisher.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6188 Prime Sponsor, Committee on Government Operations: Implementing the National Voter Registration Act. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on State Government:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 10.64 RCW to read as follows:
Within fourteen days of the entry of a judgment of conviction of an individual for a felony, the clerk of the court shall send a notice of the conviction including the full name of the defendant and his or her residential address to the county auditor or custodian of voting records in the county of the defendant's residence.
Sec. 2. RCW 29.01.006 and 1990 c 59 s 2 are each amended to read as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
(b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;
(c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or
(d) The physical document on which the voter's choices are to be recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
(5) "Special ballot" means a ballot issued to a voter at the polling place on election day by the precinct election board, for one of the following reasons:
(a) The voter's name does not appear in the poll book;
(b) There is an indication in the poll book that the voter has requested an absentee ballot, but the voter wishes to vote at the polling place;
(c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote.
Sec. 3. RCW 29.04.040 and 1986 c 167 s 2 are each amended to read as follows:
(1) No paper ballot precinct may contain more than three hundred active registered voters. The county legislative authority may divide, alter, or combine precincts so that, whenever practicable, over-populated precincts shall contain no more than two hundred fifty active registered voters in anticipation of future growth.
(2) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except as permitted under subsection (5) of this section, no precinct boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.
(3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred active registered voters, but there shall be at least one voting machine or device for each three hundred active registered voters or major fraction thereof when a state primary or general election is held in an even-numbered year.
(4) On petition of twenty-five or more voters resident more than ten miles from any place of election, the county legislative authority shall establish a separate voting precinct therefor.
(5) The county auditor shall temporarily adjust precinct boundaries when a city annexes county territory to the city. The adjustment shall be made as soon as possible after the approval of the annexation. The temporary adjustment shall be limited to the minimum changes necessary to accommodate the addition of the territory to the city and shall remain in effect only until precinct boundary modifications reflecting the annexation are adopted by the county legislative authority.
The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.
The county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts with two hundred fifty active registered voters or less and establish the boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct.
(6) In determining the number of active registered voters for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 shall not be counted. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29.62.090.
Sec. 4. RCW 29.04.070 and 1965 c 9 s 29.04.070 are each amended to read as follows:
The secretary of state through ((his)) the election division shall be the chief election officer for all federal, state, county, city, town, and district elections and it shall be his or her duty to keep records of such elections held in the state and to make such records available to the public upon request, and to coordinate those state election activities required by federal law.
Sec. 5. RCW 29.04.100 and 1975-'76 2nd ex.s. c 46 s 1 are each amended to read as follows:
(1) In the case of voter registration records received through the department of licensing, the identity of the office at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. In the case of voter registration records received through an agency designated under section 26 of this act, the identity of the agency at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. Any record of a particular individual's choice not to register to vote at an office of the department of licensing or a state agency designated under section 26 of this act is not available for public inspection and any information regarding such a choice by a particular individual shall not be disclosed to the public.
(2) All poll books or current lists of registered voters, except original voter registration forms or their images, shall be public records and be made available for inspection under such reasonable rules and regulations as the county auditor may prescribe. The county auditor shall promptly furnish current lists or mailing labels of registered voters in his or her possession, at actual reproduction cost, to any person requesting such information: PROVIDED, That such lists and labels shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value: PROVIDED, HOWEVER, That such lists and labels may be used for any political purpose. ((In the case of political subdivisions which encompass portions of more than one county, the request may be directed to the secretary of state who shall contact the appropriate county auditors and arrange for the timely delivery of the requested information.))
Sec. 6. RCW 29.04.110 and 1973 1st ex.s. c 111 s 3 are each amended to read as follows:
Except original voter registration forms or their images, a reproduction of any form of data storage, in the custody of the county auditor, ((for)) including poll books and precinct lists of registered voters, ((including)) magnetic tapes or discs, punched cards, and any other form of storage of such books and lists, shall at the written request of any person be furnished to him or her by the county auditor pursuant to such reasonable rules and regulations as the county auditor may prescribe, and at a cost equal to the county's actual cost in reproducing such form of data storage. Any data contained in a form of storage furnished under this section shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product or service or for the purpose of mailing or delivering any solicitation for money, services or anything of value: PROVIDED, HOWEVER, That such data may be used for any political purpose. Whenever the county auditor furnishes any form of data storage under this section, he or she shall also furnish the person receiving the same with a copy of RCW 29.04.120.
NEW SECTION. Sec. 7. A new section is added to chapter 29.04 RCW to read as follows:
Each county auditor shall maintain for at least two years and shall make available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency of official lists of eligible voters. These records must include lists of the names and addresses of all persons to whom notices are sent and information concerning whether or not each person has responded to the notices. These records must contain lists of all persons removed from the list of eligible voters and the reasons why the voters were removed.
Sec. 8. RCW 29.07.010 and 1984 c 211 s 3 are each amended to read as follows:
(1) In all counties, the county auditor shall be the chief registrar of voters for every precinct within the county. ((He or she shall)) The auditor may appoint a ((deputy registrar)) registration assistant for each precinct or group of precincts and shall appoint city or town clerks as ((deputy registrars)) registration assistants to assist in registering persons residing in cities, towns, and rural precincts within the county.
(2) In addition, the auditor ((shall)) may appoint a ((deputy registrar)) registration assistant for each common school. ((A deputy registrar in a common school shall be a school official or school employee.)) The auditor ((shall)) may appoint a ((deputy registrar)) registration assistant for each fire station ((that he or she finds is convenient to the public for registration purposes and is adequately staffed so that registration would not be a great inconvenience for the fire station personnel. A fire station appointee shall be a person employed at the station)). All common schools, fire stations, and public libraries shall make voter registration application forms available to the public.
(3) ((The auditor shall also appoint deputy registrars to provide voter registration services for each state office providing voter registration under RCW 29.07.025.
(4) A deputy registrar shall)) A registration assistant must be a registered voter. Except for city and town clerks, each ((registrar shall)) registration assistant holds office at the pleasure of the county auditor.
(((5))) (4) The county auditor shall be the custodian of the official registration records of ((each precinct within)) that county.
NEW SECTION. Sec. 9. A new section is added to chapter 29.07 RCW to read as follows:
"Information required for voter registration" means the minimum information provided on a voter registration application that is required by the county auditor in order to place a voter registration applicant on the voter registration rolls. This information includes the applicant's name, complete residence address, date of birth, and a signature attesting to the truth of the information provided on the application. All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.
Sec. 10. RCW 29.07.025 and 1984 c 211 s 2 are each amended to read as follows:
(1) ((The director or chief administrative officer of)) Each state agency designated under section 26 of this act shall provide voter registration services for employees and the public within each office of that agency ((which is convenient to the public for registration purposes except where, or during such times as, the director or officer finds that there would be a great inconvenience to the public or to the operation of the agency due to inadequate staff time for this purpose)).
(2) The secretary of state shall design and provide a standard notice informing the public of the availability of voter registration, which notice shall be posted in each state agency where such services are available.
(3) The secretary of state shall design and provide standard voter registration forms for use by these state agencies.
Sec. 11. RCW 29.07.070 and 1990 c 143 s 7 are each amended to read as follows:
Except as provided under RCW 29.07.260, an applicant for voter registration shall ((provide a voter registrar with)) complete an application providing the following information concerning his or her qualifications as a voter in this state:
(1) The address of the last former registration of the applicant as a voter in the state;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting purposes;
(5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) A declaration that the applicant is a citizen of the United States; and
(8) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to be prescribed by the secretary of state.
If the applicant fails to provide the information required for voter registration, the auditor shall send the applicant a verification notice. The auditor shall not register the applicant until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails to respond to the notice within forty-five days, the auditor shall not register the applicant to vote.
The following warning shall appear in a conspicuous place on the voter registration form:
"If you knowingly ((providing)) provide false information on this voter registration form or knowingly ((making)) make a false declaration about your qualifications for voter registration ((is)) you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine ((not to exceed)) of up to ten thousand dollars, or ((by)) both ((such)) imprisonment and fine."
Sec. 12. RCW 29.07.080 and 1990 c 143 s 8 are each amended to read as follows:
For voter registrations executed under ((this section)) RCW 29.07.070, the ((registrar)) registrant shall ((require the applicant to)) sign the following oath:
"I declare that the facts ((relating to my qualifications as a voter recorded)) on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of ((an infamous crime)) a felony, I will have lived in Washington at this ((state, county, and precinct)) address for thirty days immediately ((preceding)) before the next election at which I ((offer to)) vote, and I will be at least eighteen years ((of age at the time of voting)) old when I vote."
((The registration officer shall attest and date this oath in the following form:
"Subscribed and sworn to before me this . . . . day of . . . . . ., 19. . ., . . . . . . Registration Officer."))
Sec. 13. RCW 29.07.090 and 1973 1st ex.s. c 21 s 5 are each amended to read as follows:
At the time of registering ((any)), a voter((, each registration officer)) shall ((require him to)) sign his or her name upon a signature card ((containing spaces for his surname)) to be transmitted to the secretary of state. The voter shall also provide his or her first name followed by ((his given)) the last name or names and the name of the county ((and city or town, with post office and street address, and the name or number of the precinct,)) in which ((the voter)) he or she is registered.
Sec. 14. RCW 29.07.100 and 1971 ex.s. c 202 s 13 are each amended to read as follows:
((Registration officers in incorporated)) In cities and towns, clerks shall ((keep their respective offices open for registration of voters during the days and hours when the same are open for the transaction of public business: PROVIDED, That in cities of the first class, the county auditor shall establish on a permanent basis at least one registration office in each legislative district that lies wholly or partially within the city limits by appointing persons as deputy registrars who may register any eligible elector of such city.
Each such deputy registrar, except for city and town clerks, shall hold office at the pleasure of the county auditor and shall maintain a fixed place, conveniently located, for the registration of voters but nothing in this section shall preclude door-to-door registration including registration from a portable office as in a trailer)) provide voter registration assistance during the normal business hours of the office.
Sec. 15. RCW 29.07.115 and 1971 ex.s. c 202 s 23 are each amended to read as follows:
A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a designee at least once weekly((, the deputy registrars shall transmit all registration records properly completed to the county auditor)).
Sec. 16. RCW 29.07.120 and 1971 ex.s. c 202 s 16 are each amended to read as follows:
On each Monday next following the registration of any voter each county auditor shall transmit all cards required by RCW 29.07.090 ((which have been executed and)) received in ((his)) the auditor's office during the prior week to the secretary of state for filing ((in his office. Each lot must be accompanied by the certificate of the registrar that the cards so transmitted are the original cards, that they were signed by the voters whose names appear thereon and that the voters are registered in the precincts and from the addresses shown thereon)). The secretary of state may exempt a county auditor who is providing electronic voter registration and electronic voter signature information to the secretary of state from the requirements of this section.
Sec. 17. RCW 29.07.130 and 1991 c 81 s 21 are each amended to read as follows:
(1) The cards required by RCW 29.07.090 shall be kept on file in the office of the secretary of state in such manner as will be most convenient for, and for the sole purpose of, checking initiative and referendum petitions. The secretary may maintain an automated file of voter registration information for any county or counties in lieu of filing or maintaining these voter registration cards if the automated file includes all of the information from the cards including, but not limited to, a retrievable facsimile of the signature of each voter of that county or counties. Such an automated file may be used only for the purpose authorized for the use of the cards.
(2) The county auditor shall have custody of the voter registration records for each county. The original voter registration form, as established by RCW 29.07.070, shall be filed alphabetically without regard to precinct and shall be considered confidential and unavailable for public inspection and copying. An automated file of all registered voters shall be maintained pursuant to RCW 29.07.220. An auditor may maintain the automated file in lieu of filing or maintaining the original voter registration forms if the automated file includes all of the information from the original voter registration forms including, but not limited to, a retrievable facsimile of each voter's signature.
(3) The following information contained in voter registration records or files regarding a voter or a group of voters is available for public inspection and copying: The voter's name, gender, voting record, date of registration, and registration number. The address of a registered voter or addresses of a group of voters are available for public inspection and copying except to the extent that the address of a particular voter is not so available under RCW 42.17.310(1)(bb). The political jurisdictions within which a voter or group of voters reside are also available for public inspection and copying except that the political jurisdictions within which a particular voter resides are not available for such inspection and copying if the address of the voter is not so available under RCW 42.17.310(1)(bb). No other information from voter registration records or files is available for public inspection or copying.
Sec. 18. RCW 29.07.140 and 1990 c 143 s 9 are each amended to read as follows:
(1) The secretary of state shall specify by rule the ((form)) format of ((the)) all voter registration ((records required under RCW 29.07.070 and 29.07.260)) applications. These ((forms)) applications shall be compatible with existing voter registration records. An applicant for voter registration shall be required to complete only one ((form)) application and to provide the required information other than his or her signature no more than one time. These ((forms)) applications shall also contain information for the voter to transfer his or her registration.
Any application format specified by the secretary for use in registering to vote in state and local elections shall satisfy the requirements of the National Voter Registration Act of 1993 (P.L. 103-31) for registering to vote in federal elections.
(2) The secretary of state shall adopt by rule a uniform data format for transferring voter registration records on machine-readable media.
(3) All registration ((forms)) applications required under RCW 29.07.070 and 29.07.260 shall be produced and furnished by the secretary of state to the county auditors and the department of licensing.
(4) The secretary of state shall produce and distribute any instructional material and other supplies needed to implement RCW 29.07.260 through 29.07.300 and 46.20.155.
(5) Any notice or statement that must be provided under the National Voter Registration Act of 1993 (P.L. 103-31) to prospective registrants concerning registering to vote in federal elections shall also be provided to prospective registrants concerning registering to vote under this title in state and local elections as well as federal elections.
Sec. 19. RCW 29.07.170 and 1971 ex.s. c 202 s 21 are each amended to read as follows:
((Immediately)) Upon closing ((his)) of the registration files preceding an election, the county auditor shall ((insert therein his certificate as to the authenticity thereof. He shall then)) deliver the ((registration records for each precinct thus certified)) precinct lists of registered voters to the inspector or one of the judges ((thereof at the proper)) of each precinct or group of precincts located at the polling place before the polls open.
Sec. 20. RCW 29.07.180 and 1971 ex.s. c 202 s 22 are each amended to read as follows:
The ((registration records of)) precinct list of registered voters for each precinct or group of precincts delivered to the precinct election officers for use on the day of an election held in that precinct shall be returned by them to the county auditor upon the completion of the count of the votes cast in the precinct at that election. While in possession of the county auditor they shall be open to public inspection under such reasonable rules and regulations as may be prescribed therefor.
Sec. 21. RCW 29.07.260 and 1990 c 143 s 1 are each amended to read as follows:
(1) A person may register to vote or transfer a voter registration when he or she applies for or renews a driver's license or identification card under chapter 46.20 RCW.
(2) To register to vote or transfer a voter registration under this section, the applicant shall provide the following:
(a) His or her full name;
(b) Whether the address in the driver's license file is the same as his or her residence for voting purposes;
(c) The address of the residence for voting purposes if it is different from the address in the driver's license file;
(d) His or her mailing address if it is not the same as the address in (c) of this subsection;
(e) Additional information on the ((physical)) geographic location of that voting residence if it is only identified by route or box;
(f) The last address at which he or she was registered to vote in this state;
(g) A declaration that he or she is a citizen of the United States; and
(h) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and to prevent duplicate or fraudulent voter registrations.
(3) The following warning shall appear in a conspicuous place on the voter registration form:
"If you knowingly ((providing)) provide false information on this voter registration form or knowingly ((making)) make a false declaration about your qualifications for voter registration ((is)) you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine ((not to exceed)) of up to ten thousand dollars, or ((by)) both ((such)) imprisonment and fine."
(4) The applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath:
"I declare that the facts ((relating to my qualifications as a voter recorded)) on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of ((an infamous crime)) a felony, I will have lived in ((this state, county, and precinct)) Washington at this address for thirty days ((immediately preceding)) before the next election at which I ((offer to)) vote, and I will be at least eighteen years ((of age at the time of voting)) old when I vote."
(5) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration.
Sec. 22. RCW 29.07.270 and 1990 c 143 s 2 are each amended to read as follows:
(1) The secretary of state shall provide for the voter registration forms submitted under RCW 29.07.260 to be collected from each driver's licensing facility ((at least once each week)) within five days of their completion.
(2) The department of licensing shall produce and transmit to the secretary of state a machine-readable file containing the following information from the records of each individual who requested a voter registration or transfer at a driver's license facility during each period for which forms are transmitted under subsection (1) of this section: The name, address, date of birth, and sex of the applicant and the driver's license number, the date on which the application for voter registration or transfer was submitted, and the location of the office at which the application was submitted.
(3) The department of licensing shall provide information on all persons changing their address on change of address forms submitted to the department unless the voter has indicated that the address change is not for voting purposes. This information will be transmitted to the secretary of state each week in a machine-readable file containing the following information on persons changing their address: The name, address, date of birth, and sex of the applicant, the applicant's driver's license number, the applicant's former address, the county code for the applicant's former address, and the date that the request for address change was received.
(4) The secretary of state shall forward this information to the appropriate county each week. When the information indicates that the voter has moved within the county, the county auditor shall use the change of address information to transfer the voter's registration and send the voter an acknowledgement notice of the transfer. If the information indicates that the new address is outside the voter's original county, the county auditor shall send the voter a registration by mail form at the voter's new address and advise the voter of the need to reregister in the new county. The auditor shall then place the voter on inactive status.
Sec. 23. RCW 29.07.300 and 1990 c 143 s 5 are each amended to read as follows:
(1) The secretary of state shall deliver the files and lists of voter registration information produced under RCW 29.07.290 to the county auditors no later than ten days after the date on which that information was to be transmitted under RCW 29.07.270(1). The county auditor shall process these records in the same manner as voter registrations executed under RCW 29.07.080.
(2) If a registrant has indicated on the voter registration application form that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.
Sec. 24. RCW 29.07.400 and 1991 c 81 s 11 are each amended to read as follows:
If any ((registrar or deputy registrar)) county auditor or registration assistant:
(1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or
(2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 25. RCW 29.07.410 and 1991 c 81 s 12 are each amended to read as follows:
Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be registered using the name of another person;
(4) Knowingly causes himself or herself to be registered under two or more different names; ((or))
(5) Knowingly causes himself or herself to be registered in two or more counties;
(6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
(7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; or
(8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,
is guilty of a class C felony punishable under RCW 9A.20.021.
NEW SECTION. Sec. 26. A new section is added to chapter 29.07 RCW to read as follows:
The governor, in consultation with the secretary of state, shall designate agencies to provide voter registration services in compliance with federal statutes.
NEW SECTION. Sec. 27. A new section is added to chapter 29.07 RCW to read as follows:
(1) A person may register to vote or transfer a voter registration when he or she applies for service or assistance and with each renewal, recertification, or change of address at agencies designated under section 26 of this act.
(2) A prospective applicant shall initially be offered a form adopted by the secretary of state that is designed to determine whether the person wishes to register to vote. The form must comply with all applicable state and federal statutes regarding content.
The form shall also contain a box that may be checked by the applicant to indicate that he or she declines to register.
If the person indicates an interest in registering or has made no indication as to a desire to register or not register to vote, the person shall be given a mail-in voter registration application or a prescribed agency application as provided by section 28 of this act.
NEW SECTION. Sec. 28. A new section is added to chapter 29.07 RCW to read as follows:
(1) The secretary of state shall prescribe the method of voter registration for each designated agency. The agency shall use either the state voter registration by mail form with a separate declination form for the applicant to indicate that he or she declines to register at this time, or the agency may use a separate form approved for use by the secretary of state.
(2) The person providing service at the agency shall offer voter registration services to every client whenever he or she applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with the voter registration application as is offered to fill out the agency's forms and documents.
(3) If an agency uses a computerized application process, it may, in consultation with the secretary of state, develop methods to capture simultaneously the information required for voter registration during a person's computerized application process.
(4) Each designated agency shall provide for the voter registration application forms to be collected from each agency office at least once each week. The agency shall then forward the application forms to the secretary of state each week. The secretary of state shall forward the forms to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were received by the secretary of state.
NEW SECTION. Sec. 29. A new section is added to chapter 29.07 RCW to read as follows:
The secretary of state shall:
(1) Coordinate with the designated agencies and county auditors on the implementation of sections 27 and 28 of this act;
(2) Adopt rules governing the delivery and processing of voter registration application forms submitted under sections 27 and 28 of this act and ensuring the integrity of the voter registration process and of the integrity and confidentiality of data on registered voters collected under sections 27 and 28 of this act.
Sec. 30. RCW 29.08.010 and 1993 c 434 s 1 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise((,)).
(1) "By mail" means delivery of a completed original voter registration ((form)) application by mail((,)) or by personal delivery((, or by courier to a county auditor)). The secretary of state, in consultation with the county auditors, may adopt rules to develop a process to receive and distribute these applications.
(2) For voter registration applicants, "date of mailing" means the date of the postal cancellation on the voter registration application. This date will also be used as the date of application for the purpose of meeting the registration cutoff deadline. If the postal cancellation date is illegible then the date of receipt by the elections official is considered the date of application. If an application is received by the elections official by the close of business on the fifth day after the cutoff date for voter registration and the postal cancellation date is illegible, the application will be considered to have arrived by the cutoff date for voter registration.
Sec. 31. RCW 29.08.050 and 1993 c 434 s 5 are each amended to read as follows:
In addition to the information required under RCW 29.07.070, when registering to vote by mail under this chapter, the applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath: "I declare that the facts ((relating to my qualifications as a voter recorded)) on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of ((an infamous crime)) a felony, I will have lived in ((this state, county, and precinct)) Washington at this address for thirty days immediately ((preceding)) before the next election at which I ((offer to)) vote, and I will be at least eighteen years ((of age at the time of voting)) old when I vote."
The voter registration by mail form shall provide, in a conspicuous place, the following warning: "If you knowingly ((providing)) provide false information on this voter registration form or knowingly ((making)) make a false declaration about your qualifications for voter registration ((is)) you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine ((not to exceed)) of up to ten thousand dollars, or ((by)) both ((such)) imprisonment and fine."
Sec. 32. RCW 29.08.060 and 1993 c 434 s 6 are each amended to read as follows:
(1) On receipt of an application for voter registration under this chapter, the county auditor shall review the application to determine whether the information supplied is complete. An application that contains the applicant's name, complete valid residence address, date of birth, and signature attesting to the truth of the information provided on the application is complete. If it is not complete, the auditor shall promptly ((send)) mail a verification notice of the deficiency to the applicant. This verification notice shall require the applicant to provide the missing information. If the verification notice is not returned by the applicant or is returned as undeliverable the auditor shall not place the name of the applicant on the county voter list. If the applicant provides the required information, the applicant shall be registered to vote as of the date of mailing of the original voter registration application.
(2) If the information is complete, the applicant is considered to be registered to vote as of the date of ((the application's postmark. If there is no postmark or if the postmark is illegible, the applicant is registered on the date the complete and correct application was received by the auditor)) mailing. The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record. Within forty-five days after the receipt of an application but no later than seven days before the next primary, special election, or general election, the auditor shall send to the applicant, by first class mail, ((a voter registration card)) an acknowledgement notice identifying the registrant's precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to return to the auditor any card which is not deliverable. If the applicant has indicated that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.
(3) If ((a voter registration)) an acknowledgement notice card is properly mailed as required by this section to the address listed by the ((applicant)) voter as being the ((applicant's)) voter's mailing address and the ((card)) notice is subsequently returned to the auditor by the postal service as being undeliverable to the ((applicant)) voter at that address, the auditor shall ((immediately cancel the voter registration of the applicant. The auditor shall)) promptly send the ((applicant)) voter a confirmation notice ((and explanation of the cancellation, and a registration application form. The postal service shall be requested to forward this notice as applicable)). The auditor shall place the voter's registration on inactive status pending a response from the voter to the confirmation notice.
NEW SECTION. Sec. 33. A new section is added to chapter 29.10 RCW to read as follows:
The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the county auditor to a voter registration applicant and is used to verify or collect information about the applicant in order to complete the registration.
(2) "Acknowledgement notice" means a notice sent by nonforwardable mail by the county auditor to a registered voter to acknowledge a voter registration transaction, which can include initial registration, transfer, or reactivation of an inactive registration. An acknowledgement notice may be a voter registration card.
(3) "Confirmation notice" means a notice sent to a registered voter by first class forwardable mail at the address indicated on the voter's permanent registration record and to any other address at which the county auditor could reasonably expect mail to be received by the voter in order to confirm the voter's residence address. The confirmation notice must be designed so that the voter may update his or her current residence address.
NEW SECTION. Sec. 34. A new section is added to chapter 29.10 RCW to read as follows:
Registered voters are divided into two categories, "active" and "inactive." All registered voters are classified as active, unless assigned to inactive status by the county auditor.
Sec. 35. RCW 29.10.020 and 1991 c 81 s 23 are each amended to read as follows:
To maintain a valid voter registration, a registered voter who changes his or her residence from one address to another within the same county shall((, to maintain a valid voter registration,)) transfer his or her registration to the new address in one of the following ways: (1) Sending to the county auditor a signed request stating the voter's present address ((and precinct)) and the address ((and precinct)) from which the voter was last registered; (2) appearing in person before the auditor and signing such a request; (3) transferring the registration in the manner provided by RCW 29.10.170; or (4) telephoning the county auditor to transfer the registration. The telephone call transferring a registration by telephone must be received by the auditor before the precinct registration files are closed to new registrations for the next primary or special or general election in which the voter participates.
The secretary of state ((shall)) may adopt rules facilitating the transfer of a registration by telephone authorized by this section. ((The rules shall include, but need not be limited to, those establishing the form which must be signed by a voter subsequent to transferring a registration by telephone.))
Sec. 36. RCW 29.10.040 and 1991 c 81 s 24 are each amended to read as follows:
((Except as provided in RCW 29.10.170,)) A registered voter who changes his or her residence from one county to another county, shall be required to register anew. Before registering anew, the voter shall sign an authorization to cancel his or her present registration. The authorization shall be on a form prescribed by the secretary of state by rule. The authorization shall be forwarded promptly to the county auditor of the county in which the voter was previously registered. The county auditor of the county where the previous registration was made shall cancel the registration of the voter if it appears that the signatures in the registration record and on the cancellation authorization form were made by the same person.
Sec. 37. RCW 29.10.051 and 1991 c 81 s 25 are each amended to read as follows:
To maintain a valid voter registration, a person who changes his or her name shall notify the county auditor regarding the name change in one of the following ways: (1) By sending the auditor a notice clearly identifying the name under which he or she is registered to vote, the voter's new name, and the voter's residence. Such a notice must be signed by the voter using both this former name and the voter's new name; (2) by appearing in person before the auditor or a ((deputy registrar)) registration assistant and signing such a change-of-name notice; ((or)) (3) by signing such a change-of-name notice at the voter's precinct polling place on the day of a primary or special or general election; (4) by properly executing a name change on a mail-in registration application or a prescribed state agency application.
A properly registered voter who files a change-of-name notice at the voter's precinct polling place during a primary or election and who desires to vote at that primary or election shall sign the poll book using the voter's former and new names in the same manner as is required for the change-of-name notice.
The secretary of state may adopt rules facilitating the implementation of this section.
NEW SECTION. Sec. 38. A new section is added to chapter 29.10 RCW to read as follows:
(1) A county auditor shall assign a registered voter to inactive status and shall send the voter a confirmation notice if any of the following documents are returned by the postal service as undeliverable:
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application for a ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice, required by statute, to be mailed by the county auditor to the voter.
(2) A county auditor shall also assign a registered voter to inactive status and shall send the voter a confirmation notice:
(a) Whenever change of address information received from the department of licensing under RCW 29.07.270, or by any other agency designated to provide voter registration services under section 26 of this act, indicates that the voter has moved to an address outside the county; or
(b) If the auditor receives postal change of address information under RCW 29.10.180, indicating that the voter has moved out of the county.
NEW SECTION. Sec. 39. A new section is added to chapter 29.10 RCW to read as follows:
The county auditor shall return an inactive voter to active voter status if, during the period beginning on the date the voter was assigned to inactive status and ending on the day of the second general election for federal office that occurs after the date that the voter was sent a confirmation notice, the voter: Notifies the auditor of a change of address within the county; responds to a confirmation notice with information that the voter continues to reside at the registration address; votes or attempts to vote in a primary or a special or general election and resides within the county; or signs any petition authorized by statute for which the signatures are required by law to be verified by the county auditor. If the inactive voter fails to provide such a notice or take such an action within that period, the auditor shall cancel the person's voter registration.
NEW SECTION. Sec. 40. A new section is added to chapter 29.10 RCW to read as follows:
(1) Except as otherwise specified by this title, registered voters include those assigned to active and inactive status by the county auditor.
(2)Election officials shall not include inactive voters in the count of registered voters for the purpose of dividing precincts, creating vote-by-mail precincts, determining voter turnout, or other purposes in law for which the determining factor is the number of registered voters. Election officials shall not include persons who are ongoing absentee voters under RCW 29.36.013 in determining the maximum permissible size of vote-by-mail precincts or in determining the maximum permissible size of precincts. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29.62.090.
Sec. 41. RCW 29.10.090 and 1983 c 110 s 1 are each amended to read as follows:
The local registrar of vital statistics in cities of the first class shall submit monthly to the county auditor a list of the names and addresses, if known, of all persons over eighteen years of age who have died.
The registrar of vital statistics of the state shall supply such monthly lists for each county of the state, exclusive of cities of the first class, to the county auditor thereof. The county auditors shall compare such lists with the registration records and cancel the registrations of deceased voters. The county auditor may also use newspaper obituary articles as a source of information in order to cancel a voter's registration. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the obituary in the cancellation records.
In addition to the above manner of canceling registration records of deceased voters, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to his or her personal knowledge or belief another registered voter is deceased. This statement may be filed with ((any registration officer and the deputy registrar shall promptly forward such statement to)) the county auditor. Upon the receipt of such signed statement, the county auditor shall cancel the registration records concerned and so notify the secretary of state. Upon receipt of such notice, the secretary of state shall in turn cancel his or her copy of said registration record.
The secretary of state as chief elections officer shall cause such form to be designed to carry out the provisions of this section. The county auditors shall have such forms available for public use. Further, each such public officer having jurisdiction of an election shall make available a reasonable supply of such forms for the use of the precinct election officers at each polling place on the day of an election.
NEW SECTION. Sec. 42. A new section is added to chapter 29.10 RCW to read as follows:
Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county auditor shall cancel the defendant's voter registration.
Sec. 43. RCW 29.10.100 and 1971 ex.s. c 202 s 31 are each amended to read as follows:
On the Monday next following the ((transfer or)) cancellation of the registration of any voter or the change of name of a voter, each county auditor must certify to all ((transfers or)) cancellations or name changes made during the prior week to the secretary of state. The certificate shall set forth the name of each voter whose registration has been ((transferred or)) canceled or whose name was changed, and the county, city or town, and precinct in which ((he)) the voter was registered ((and, in case of a transfer, also the name of the county and city or town, the name or number of the precinct and the post office address (including street and number) to which the registration of the voter was transferred)).
Sec. 44. RCW 29.10.180 and 1993 c 434 s 10 and 1993 c 417 s 8 are each reenacted and amended to read as follows:
In addition to the case-by-case maintenance required under sections 38 and 39 of this act, the county auditor shall establish a general program of voter registration list maintenance. This program must be applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed not later than ninety days before the date of a primary or general election for federal office. The county may fulfill its obligations under this section in one of the following ways:
(1) The county auditor may enter into one or more contracts with the United States postal service, or its licensee, which permit the auditor to use postal service change-of-address information. If the auditor ((finds that information received under such a contract gives the appearance)) receives change of address information from the United States postal service that indicates that a voter has changed his or her residence address((, the auditor shall notify the voter concerning the requirements of state and federal laws governing voter registration and residence)) within the county, the auditor shall transfer the registration of that voter and send an acknowledgement notice of the transfer to the new address. If the auditor receives postal change of address information indicating that the voter has moved out of the county, the auditor shall send a confirmation notice to the voter, send the voter a registration-by-mail form at the voter's new address, and advise the voter of the need to reregister in the new county. The auditor shall place the voter's registration on inactive status;
(2) ((Whenever any vote-by-mail ballot, notification to voters following reprecincting of the county, notification to voters of selection to serve on jury duty, notification under subsection (1) of this section, or voter identification card other than a voter identification card issued under RCW 29.08.060 is returned by the postal service as undeliverable, the county auditor shall, in every instance, inquire into the validity of the registration of that voter.
(3) The county auditor shall initiate his or her inquiry by sending, by first-class mail, a written notice to the challenged voter at the address indicated on the voter's permanent registration record and to any other address at which the county auditor could reasonably expect mail to be received by the voter. The county auditor shall not request any restriction on the forwarding of such notice by the postal service. The notice shall contain the nature of the inquiry and provide a suitable form for reply. The notice shall also contain a warning that the county auditor must receive a response within ninety days from the date of mailing the notice of inquiry in a case resulting from a returned vote-by-mail ballot or forty-five days from the date of mailing in all other cases or the individual's voter registration will be canceled.
(4) The voter, in person or in writing, may state that the information on the permanent voter registration record is correct or may request a change in the address information on the permanent registration record no later than the ninetieth day or forty-fifth day, as appropriate, after the date of mailing the inquiry.
(5) Upon the timely receipt of a response signed by the voter, the county auditor shall consider the inquiry satisfied and will make any address corrections requested by the voter on the permanent registration record. The county auditor shall cancel the registration of a voter who fails to respond to the notice of inquiry within ninety days after the date of mailing the notice in a case resulting from a returned vote-by-mail ballot, or, in all other cases, within forty-five days after the date of mailing.
(6) The county auditor shall notify any voter whose registration has been canceled by sending, by first class mail, a written notice to the address indicated on the voter's permanent registration record and to any other address to which the original inquiry was sent. Upon receipt of a satisfactory voter response, the auditor shall reinstate the voter.
(7) A voter whose registration has been canceled under this section and who offers to vote at the next ensuing election shall be issued a questioned ballot. Upon receipt of such a questioned ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration shall be immediately reinstated, and the voter's questioned ballot shall be counted. If the original cancellation was not in error, the voter shall be afforded the opportunity to reregister at his or her correct address, and the voter's questioned ballot shall not be counted.)) A direct, nonforwardable, first-class, return if undeliverable, address correction requested, mailing to every registered voter within the county. If address correction information for a voter is received by the county auditor after this mailing, the auditor shall place that voter on inactive status and shall send to the voter a confirmation notice;
(3) Any other method approved by the secretary of state.
NEW SECTION. Sec. 45. A new section is added to chapter 29.10 RCW to read as follows:
Confirmation notices must be on a form prescribed by, or approved by, the secretary of state and must request that the voter confirm that he or she continues to reside at the address of record and desires to continue to use that address for voting purposes. The notice must inform the voter that if the voter does not respond to the notice and does not vote in either of the next two federal elections, his or her voter registration will be canceled.
NEW SECTION. Sec. 46. A new section is added to chapter 29.10 RCW to read as follows:
If the response to the confirmation notice provides the county auditor with the information indicating that the voter has moved within the county, the auditor shall transfer the voter's registration. If the response indicates that the voter has left the county, the auditor shall cancel the voter's registration.
NEW SECTION. Sec. 47. A new section is added to chapter 29.10 RCW to read as follows:
(1) A voter whose registration has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held shall be allowed to vote a regular ballot and the voter's registration restored to active status.
(2) A voter whose registration has been properly canceled under this chapter shall vote a special ballot. The voter shall mark the special ballot in secrecy, the ballot shall be placed in a security envelope, the security envelope placed in a special ballot envelope, and the reasons for the use of the special ballot noted.
(3) Upon receipt of such a voted special ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration shall be immediately reinstated, and the voter's special ballot shall be counted. If the original cancellation was not in error, the voter shall be afforded the opportunity to reregister at his or her correct address, and the voter's special ballot shall not be counted.
Sec. 48. RCW 29.36.120 and 1993 c 417 s 1 are each amended to read as follows:
At any primary or election, general or special, the county auditor may, in any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29.07.160, conduct the voting in that precinct by mail ballot. For any precinct having fewer than two hundred active registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of that primary or general election, mail or deliver to each active and inactive registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope, preaddressed to the issuing officer. A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of that primary or general election. ((Such application is valid)) For all subsequent mail ballot elections in that precinct the application is valid so long as the voter remains active and qualified to vote. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29.62.090.
At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
In no instance shall any special election be conducted by mail ballot in any precinct with two hundred or more active registered voters if candidates for partisan office are to be voted upon.
For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each active registered voter a mail ballot and an envelope, preaddressed to the issuing officer. The auditor shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active.
Sec. 49. RCW 29.36.121 and 1993 c 417 s 2 are each amended to read as follows:
(1) At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
(2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:
(a) For any office or ballot measure of a special purpose district which is entirely within the county;
(b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and
(c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.
A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.
(3) For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days before the date of such election, mail or deliver to each registered voter a mail ballot and an envelope, preaddressed to the issuing officer. The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.
(4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.
Sec. 50. RCW 29.36.122 and 1993 c 417 s 3 are each amended to read as follows:
For any special election conducted by mail, the county auditor shall send a mail ballot with a return identification envelope to each active registered voter of the district in which the special election is being conducted not sooner than the twenty-fifth day before the date of the election and not later than the fifteenth day before the date of the election. The envelope in which the ballot is mailed must clearly indicate that the ballot is not to be forwarded and is to be returned to the sender with return postage guaranteed. The auditor shall send an application to receive a ballot to all inactive voters of the district. Upon receipt of a completed application the auditor shall send a ballot and restore the voter's status to active.
Sec. 51. RCW 29.48.010 and 1990 c 59 s 35 are each amended to read as follows:
The county auditor shall provide in each polling place a sufficient number of voting booths or voting devices along with any supplies necessary to enable the voter to mark or register his or her choices on the ballot and within which the voters may cast their votes in secrecy. Where paper ballots are used for voting, the number of voting booths shall be at least one for every fifty active registered voters in the precinct.
Sec. 52. RCW 46.20.205 and 1989 c 337 s 6 are each amended to read as follows:
Whenever any person after applying for or receiving a driver's license or identicard moves from the address named in the application or in the license or identicard issued to him or her or when the name of a licensee or holder of an identicard is changed by marriage or otherwise, the person shall within ten days thereafter notify the department in writing on a form provided by the department of his or her old and new addresses or of such former and new names and of the number of any license then held by him or her. The written notification is the exclusive means by which the address of record maintained by the department concerning the licensee or identicard holder may be changed. The form must contain a place for the person to indicate that the address change is not for voting purposes. The department of licensing shall notify the secretary of state by the means described in RCW 29.07.270(3) of all change of address information received by means of this form except information on persons indicating that the change is not for voting purposes. Any notice regarding the cancellation, suspension, revocation, probation, or nonrenewal of the driver's license, driving privilege, or identicard mailed to the address of record of the licensee or identicard holder is effective notwithstanding the licensee's or identicard holder's failure to receive the notice.
NEW SECTION. Sec. 53. The following acts or parts of acts are each repealed:
(1) RCW 29.07.015 and 1985 c 205 s 15;
(2) RCW 29.07.020 and 1971 ex.s. c 202 s 5 & 1965 c 9 s 29.07.020;
(3) RCW 29.07.050 and 1971 ex.s. c 202 s 7 & 1965 c 9 s 29.07.050;
(4) RCW 29.07.060 and 1973 1st ex.s. c 21 s 1, 1971 ex.s. c 202 s 8, & 1965 c 9 s 29.07.060;
(5) RCW 29.07.065 and 1986 c 167 s 4 & 1973 1st ex.s. c 21 s 2;
(6) RCW 29.07.095 and 1973 1st ex.s. c 21 s 6, 1971 ex.s. c 202 s 12, & 1965 c 9 s 29.07.095;
(7) RCW 29.07.105 and 1971 ex.s. c 202 s 14 & 1965 c 9 s 29.07.105; and
(8) RCW 29.10.095 and 1971 ex.s. c 202 s 30 & 1965 c 9 s 29.10.095.
NEW SECTION. Sec. 54. RCW 29.10.080 and 1977 ex.s. c 361 s 27, 1971 ex.s. c 202 s 28, 1967 ex.s. c 109 s 3, & 1965 c 9 s 29.10.080 are each repealed.
NEW SECTION. Sec. 55. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 56. Sections 1 through 3, 7, 10 through 12, 21, 22, 25, 27, 28, 31 through 34, 37 through 40, 42, 44 through 52, and 54 of this act take effect January 1, 1995."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representatives Lemmon and Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
SB 6205 Prime Sponsor, Vognild: Regulating ready-mix mixer trucks. Reported by Committee on Transportation
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 46.44 RCW to read as follows:
The switch that controls the raising and lowering of the retractable rear booster or tag axle on a ready-mix cement truck may be located within the reach of the driver's compartment as long as the variable control, used to adjust axle loadings by regulating air pressure or by other means, is out of the reach of the driver's compartment."
Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Hansen; Heavey; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representatives Mielke; Assistant Ranking Minority Member, Fuhrman, Horn and R. Meyers.
Passed to Committee on Rules for second reading.
February 28, 1994
E2SSB 6255 Prime Sponsor, Committee on Ways & Means: Changing provisions relating to children removed from the custody of parents. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on Human Services as such amendment is amended by Committee on Appropriations:
On page 2, after line 33 of the amendment, strike all material through "guardian."" on page 15, line 34, and insert the following:
"(9) "Preventive services" means family preservation services, as defined in RCW 74.14C.010, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.
Sec. 2. RCW 13.34.120 and 1993 c 412 s 8 are each amended to read as follows:
(1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocates report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.
(2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(2) (b) or (c) shall contain the following information:
(a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;
(b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered;
(c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;
(e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and
(f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.
Sec. 3. RCW 74.14C.070 and 1992 c 214 s 9 are each amended to read as follows:
After July 1, 1993, the secretary of social and health services, or the secretary's regional designee, may transfer funds appropriated for foster care services to purchase family preservation services and other preventive services for children at imminent risk of foster care placement. The secretary shall notify the appropriate committees of the senate and house of representatives of any transfers under this section. The secretary shall include caseload, expenditure, cost avoidance, identified improvements to the foster care system, and outcome data related to the transfer in the notification.
Sec. 4. RCW 13.34.130 and 1992 c 145 s 14 are each amended to read as follows:
If, after a fact-finding hearing pursuant to RCW 13.34.110, ((as now or hereafter amended,)) it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(((2))); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.
(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:
(i) There is no parent or guardian available to care for such child;
(ii) The parent, guardian, or legal custodian is not willing to take custody of the child;
(iii) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or
(iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.
(2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:
(a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
(c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;
(d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
(e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
(f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim.
(3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:
(a) ((A permanent plan of care that may include one of the following: Return of the child to the home of the child's parent, adoption, guardianship, or long-term placement with a relative or in foster care with a written agreement.)) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider.
(b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.
(i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.
(ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.
(iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.
(iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.
(c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.
(4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.
(5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.
(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.
(b) If the child is not returned home, the court shall establish in writing:
(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;
(ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;
(iii) Whether there is a continuing need for placement and whether the placement is appropriate;
(iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;
(v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;
(vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;
(vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and
(viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.
(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
Sec. 5. RCW 13.34.145 and 1993 c 412 s 1 are each amended to read as follows:
(1) ((In all cases where a child has been placed in substitute care for at least fifteen months, the agency having custody of the child shall prepare a permanency plan and present it in a hearing held before the court no later than eighteen months following commencement of the placement episode.
(2) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(5). In addition the court shall: (a) Approve a permanency plan which shall include one of the following: Adoption, guardianship, placement of the child in the home of the child's parent, relative placement with written permanency plan, or family foster care with written permanency agreement; (b) require filing of a petition for termination of parental rights; or (c) dismiss the dependency, unless the court finds, based on clear, cogent, and convincing evidence, that it is in the best interest of the child to continue the dependency beyond eighteen months, based on the permanency plan. Extensions may only be granted in increments of twelve months or less.)) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.
(a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider.
(b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.
(c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months.
(2) A permanency planning hearing shall be held in all cases where a child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.
(3) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than eighteen months following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree or guardianship order is entered, or the dependency is dismissed.
(4) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.
(5) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(5) and shall review the permanency plan prepared by the agency. If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:
(a)(i) Order the permanency plan prepared by the agency to be implemented; or
(ii) Modify the permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or
(ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.
(6) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(5), and the court shall determine the need for continued intervention.
(7) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.
(8) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(5), until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.
(9) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.
(10) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.
(11) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.
Sec. 6. RCW 13.34.231 and 1981 c 195 s 2 are each amended to read as follows:
At the hearing on a dependency guardianship petition, all parties have the right to present evidence and cross examine witnesses. The rules of evidence apply to the conduct of the hearing. A guardianship ((may)) shall be established if the court finds by a preponderance of the evidence that:
(1) The child has been found to be a dependent child under RCW 13.34.030(((2)));
(2) A dispositional order has been entered pursuant to RCW 13.34.130;
(3) The child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(((2)));
(4) The services ordered under RCW 13.34.130 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided;
(5) There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and
(6) A guardianship, rather than termination of the parent-child relationship or continuation of ((the child's current dependent status)) efforts to return the child to the custody of the parent, would be in the best interest of the ((family)) child.
Sec. 7. RCW 13.34.232 and 1993 c 412 s 4 are each amended to read as follows:
(1) If the court has made a finding under RCW 13.34.231, it shall enter an order establishing a dependency guardianship for the child. The order shall:
(((1))) (a) Appoint a person or agency to serve as dependency guardian for the limited purpose of assisting the court to supervise the dependency;
(((2))) (b) Specify the dependency guardian's rights and responsibilities concerning the care, custody, and control of the child. A dependency guardian shall not have the authority to consent to the child's adoption;
(((3))) (c) Specify the dependency guardian's authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child;
(d) Specify an appropriate frequency of visitation between the parent and the child; and
(((4))) (e) Specify the need for any continued involvement of the supervising agency and the nature of that involvement, if any.
((The order shall not affect the child's status as a dependent child, and the child shall remain dependent for the duration of the guardianship.))
(2) Unless the court specifies otherwise in the guardianship order, the dependency guardian shall maintain the physical custody of the child and have the following rights and duties:
(a) Protect, discipline, and educate the child;
(b) Provide food, clothing, shelter, education as required by law, and routine health care for the child;
(c) Consent to necessary health and surgical care and sign a release of health care information to appropriate authorities, pursuant to law;
(d) Consent to social and school activities of the child; and
(e) Provide an annual written accounting to the court regarding receipt by the dependency guardian of any funds, benefits, or property belonging to the child and expenditures made therefrom.
(3) As used in this section, the term "health care" includes, but is not limited to, medical, dental, psychological, and psychiatric care and treatment.
(4) The child shall remain dependent for the duration of the guardianship. While the guardianship remains in effect, the dependency guardian shall be a party to any dependency proceedings pertaining to the child.
(5) The guardianship shall remain in effect only until the child is eighteen years of age or until the court terminates the guardianship order, whichever occurs sooner.
Sec. 8. RCW 13.34.233 and 1981 c 195 s 4 are each amended to read as follows:
(1) Any party may ((seek a modification of the)) request the court to modify or terminate a dependency guardianship order under RCW 13.34.150. Notice of any motion to modify or terminate the guardianship shall be served on all other parties, including any agency that was responsible for supervising the child's placement at the time the guardianship petition was filed. Notice shall in all cases be served upon the department of social and health services. If the department was not previously a party to the guardianship proceeding, the department shall nevertheless have the right to initiate a proceeding to modify or terminate a guardianship and the right to intervene at any stage of such a proceeding.
(2) The guardianship may be modified or terminated upon the motion of any party or the department if the court finds by a preponderance of the evidence that there has been a change of circumstances subsequent to the establishment of the guardianship and that it is in the child's best interest to modify or terminate the guardianship. Unless all parties agree to entry of an order modifying or terminating the guardianship, the court shall hold a hearing on the motion.
(3) Upon entry of an order terminating the guardianship, the dependency guardian shall not have any rights or responsibilities with respect to the child and shall not have legal standing to participate as a party in further dependency proceedings pertaining to the child. The court may allow the child's dependency guardian to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.
(4) Upon entry of an order terminating the guardianship, the child shall remain dependent and the court shall either return the child to the child's parent or order the child into the custody, control, and care of the department of social and health services or a licensed child- placing agency for placement in a foster home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to such chapter. The court shall not place a child in the custody of the child's parent unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists and that such placement is in the child's best interest. The court shall thereafter conduct reviews as provided in RCW 13.34.130(5) and, where applicable, shall hold a permanency planning hearing in accordance with RCW 13.34.145.
Sec. 9. RCW 13.34.234 and 1981 c 195 s 5 are each amended to read as follows:
Establishment of a dependency guardianship under RCW 13.34.231 and 13.34.232 does not preclude ((a)) the dependency guardian from receiving foster care payments.
Sec. 10. RCW 13.34.236 and 1981 c 195 s 7 are each amended to read as follows:
(1) Any person over the age of twenty-one years who is not otherwise disqualified by this section, any nonprofit corporation, or any Indian tribe may be appointed the dependency guardian of a child under RCW 13.34.232. No person is qualified to serve as a dependency guardian ((who: (1) Is of unsound mind; (2) has been convicted of a felony or misdemeanor involving moral turpitude; or (3) is a person whom the court finds unsuitable)) unless the person meets the minimum requirements to care for children as provided in RCW 74.15.030.
(2) If the preferences of a child's parent were not considered under RCW 13.34.260 as they relate to the proposed dependency guardian, the court shall consider such preferences before appointing the dependency guardian."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6278 Prime Sponsor, Gaspard: Authorizing cities and towns to use their special excise tax for public restroom facilities intended for visitors. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 67.28.210 and 1993 c 197 s 1 and 1993 c 46 s 1 are each reenacted and amended to read as follows:
All taxes levied and collected under RCW 67.28.180, 67.28.240, and 67.28.260 shall be credited to a special fund in the treasury of the county or city imposing such tax. Such taxes shall be levied only for the purpose of paying all or any part of the cost of acquisition, construction, or operating of stadium facilities, convention center facilities, performing arts center facilities, and/or visual arts center facilities or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose or purposes under this chapter, or to pay for advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion when a county or city has imposed such tax for such purpose, or as one of the purposes hereunder, and until withdrawn for use, the moneys accumulated in such fund or funds may be invested in interest bearing securities by the county or city treasurer in any manner authorized by law. In addition such taxes may be used to develop strategies to expand tourism: PROVIDED, That any county, and any city within a county, bordering upon Grays Harbor may use the proceeds of such taxes for construction and maintenance of a movable tall ships tourist attraction in cooperation with a tall ships restoration society, except to the extent that such proceeds are used for payment of principal and interest on debt incurred prior to June 11, 1986: PROVIDED FURTHER, That any city or county may use the proceeds of such taxes for the refurbishing and operation of a steam railway for tourism promotion purposes: PROVIDED FURTHER, That any city bordering on the Pacific Ocean with a population of not less than one thousand and the county in which such a city is located may use the proceeds of such taxes for funding special events or festivals, or promotional infrastructures including but not limited to an ocean beach boardwalk: PROVIDED FURTHER, That any county which imposes a tax under RCW 67.28.182 or any city with a population less than fifty thousand in such county may use the proceeds of the tax levied and collected under RCW 67.28.180 to provide public restroom facilities available to and intended for use by visitors: PROVIDED FURTHER, That any ((county,)) city or town, if the city or town has a population less than five thousand, may use the proceeds of the tax levied and collected under RCW 67.28.180 to provide public restroom facilities available to and intended for use by visitors."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Van Luven and Wang.
MINORITY recommendation: Do not pass. Signed by Representative Fuhrman, Assistant Ranking Minority Member.
Excused: Representative Thibaudeau.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6375 Prime Sponsor, Committee on Ways & Means: Waiving the one hundred six percent limit for veteran's assistance county levies. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 73.08.080 and 1985 c 181 s 2 are each amended to read as follows:
(1) The legislative authorities of the several counties in this state shall levy, in addition to the taxes now levied by law, a tax in a sum equal to the amount which would be raised by not less than one and one-eighth cents per thousand dollars of assessed value, and not greater than twenty-seven cents per thousand dollars of assessed value against the taxable property of their respective counties, to be levied and collected as now prescribed by law for the assessment and collection of taxes, for the purpose of creating the veteran's assistance fund for the relief of honorably discharged veterans as defined in RCW 41.04.005 and the indigent wives, husbands, widows, widowers and minor children of such indigent or deceased veterans, to be disbursed for such relief by such county legislative authority: PROVIDED, That if the funds on deposit, less outstanding warrants, residing in the veteran's assistance fund on the first Tuesday in September exceed the expected yield of one and one-eighth cents per thousand dollars of assessed value against the taxable property of the county, the county legislative authority may levy a lesser amount: PROVIDED FURTHER, That the costs incurred in the administration of said veteran's assistance fund shall be computed by the county treasurer not less than annually and such amount may then be transferred from the veteran's assistance fund as herein provided for to the county current expense fund.
(2) The amount of a levy ((allocated to the purposes specified in)) imposed under subsection (1) of this section may be reduced in the same proportion as the regular property tax levy of the county is reduced by chapter 84.55 RCW.
(3) A county that has not levied any tax under this section during the previous two years may levy for one year a tax not exceeding the amount which would be raised by two cents per thousand dollars of assessed value against the taxable property of their respective counties, to be levied and collected for the purposes specified in this section. Chapter 84.55 RCW does not apply to a levy under this subsection."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Anderson; Brown; Caver; Cothern; Leonard; Van Luven and Wang.
MINORITY recommendation: Do not pass. Signed by Representatives Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Romero; Rust; Silver and Talcott.
Excused: Representative Thibaudeau.
Passed to Committee on Rules for second reading.
February 28, 1994
E2SSB 6426 Prime Sponsor, Committee on Ways & Means: Providing public electronic access to government information. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on State Government:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that government information is a strategic resource and needs to be managed as such and that broad public access to nonrestricted public information and records must be guaranteed. The legislature further finds that reengineering government processes along with capitalizing on advancements made in digital technology can build greater efficiencies in government service delivery. The legislature further finds that providing citizen electronic access to presently available public documents will allow increased citizen involvement in state policies and empower citizens to participate in state policy decision making.
NEW SECTION. Sec. 2. A new section is added to chapter 42.17 RCW to read as follows:
By January 1, 1995, the public disclosure commission shall design a program for electronic access to public documents filed with the commission. The program may include on-line access to the commission's magic and electronic bulletin board systems, providing information for the internet system, fax-request service, automated telephone service, electronic filing of reports, and other service delivery options. Documents available in the program shall include, but are not limited to, public documents filed with the public disclosure commission, including, but not limited to, commission meeting schedules, financial affairs reports, contribution reports, expenditure reports, and gift reports. Implementation of the program is contingent on the availability of funds.
Sec. 3. RCW 42.17.370 and 1986 c 155 s 11 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;
(2) Appoint and set, within the limits established by the committee on agency officials' salaries 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 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 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 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. 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.
NEW SECTION. Sec. 4. A public information access policy task force is hereby created. The task force shall be composed of: The state librarian or the librarian's designee; the director of the department of information services or the director's designee; four members who are representatives of state and local governmental agencies, appointed by the governor; five representatives of the general public who have experience accessing information electronically or have particular interest in the policies that should govern access to information from public agencies, appointed by the governor; two members of the house of representatives, one from each political party, appointed by the speaker of the house of representatives; two members of the senate, one from each political party, appointed by the president of the senate; and, at the option of the chief justice of the state's supreme court, one representative of the state's judicial branch appointed by the chief justice. The state librarian or the librarian's designee and the director of information services or the director's designee shall serve as the cochairs of the task force. The department of information services and the state library shall provide staff support for the task force.
The purpose of the task force is to identify specific means of encouraging and establishing widespread, public, electronic access to the public records held by state government and by local governments. For the purposes of the task force's study and recommendations, providing such access to the public does not include providing the type of services beyond access, and beyond providing assistance with that access, that would be provided by a vendor for commercial purposes, including but not limited to providing such services by means of a geographic information system.
The task force shall cease to exist on June 30, 1996.
NEW SECTION. Sec. 5. (1) By December 1, 1994, the task force shall provide its initial recommendations to the legislature and the governor regarding: Protecting the privacy of the citizenry and complying with statutory nondisclosure requirements while providing to the public electronic access to records; the status and availability of records for electronic access; and the availability of various means of electronically linking individual citizens to the records they seek. The initial report shall identify implementation strategies for records found to be immediately available for such access.
(2) By December 1, 1995, the task force shall provide its final recommendations to the legislature and governor. The recommendations shall be consistent with the recommendations provided under subsection (1) of this section and shall include an implementation strategy for providing widespread, public, electronic access to the public records held by state and local governmental entities, deadlines for implementation, and findings as to costs.
(3) Nothing in this section or section 4 of this act precludes records from being made available to the public electronically prior to the dates established for the initial and final reports of the task force.
NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representatives Lemmon and Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
ESB 6493 Prime Sponsor, Sutherland: Integrating the state energy strategy into statute. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment:
On page 4, line 24, after "and the" insert "appropriate committees of the"
On page 5, line 5, after "of an advisory committee." strike "The" and insert "For each review, an"
On page 5, line 6, after "established" strike all material through "RCW 43.21F.047(1)" on line 7 and insert "with a membership resembling as closely as possible the original energy strategy advisory committee specified under section 1, chapter 201, Laws of 1991"
On page 5, line 11, after "committees." insert "Any advisory committee established under this section shall be dissolved within three months after their written report is conveyed."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
ESSB 6523 Prime Sponsor, Committee on Transportation: Transferring the responsibilities of traffic safety. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Hansen; Heavey; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representatives Mielke; Assistant Ranking Minority Member, Fuhrman, Horn and R. Meyers.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6557 Prime Sponsor, Committee on Law & Justice: Revising provisions relating to correctional industries work programs. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chair; Valle, Vice Chair; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Dellwo; Dorn; Dunshee; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Wang and Wolfe.
MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Cooke and Talcott.
Excused: Representatives G. Fisher and Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
ESB 6564 Prime Sponsor, Vognild: Authorizing Snohomish county to levy a hotel and motel tax for public stadium, convention, performing arts, and/or visual arts facilities. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Caver; Cothern; Leonard; Romero; Rust; Talcott and Wang.
MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Silver and Van Luven.
Excused: Representatives Brown and Thibaudeau.
Passed to Committee on Rules for second reading.
February 28, 1994
SB 6573 Prime Sponsor, Bauer: Directing a study to examine the effect of the tax system on manufacturers. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Van Luven and Wang.
Excused: Representative Thibaudeau.
Passed to Committee on Rules for second reading.
February 28, 1994
ESSB 6585 Prime Sponsor, Committee on Ways & Means: Extending tuition exemptions for Vietnam and Persian Gulf veterans. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment by Committee on Appropriations and without amendment by Committee on Higher Education:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.15.620 and 1993 sp.s. c 18 s 24 are each amended to read as follows:
(1) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the Vietnam conflict who have served in the southeast Asia theater of operations from the payment of all or a portion of any increase in tuition and fees ((otherwise applicable to any other resident or nonresident student. In such cases, the veteran shall not be required to pay more than the total amount of tuition and fees paid by veterans of the Vietnam conflict on)) that occur after October 1, 1977 ((: PROVIDED, That for the purposes of this exemption, "veterans of the Vietnam conflict" shall be those persons who have been on active federal service as a member of the armed military or naval forces of the United States between a period commencing August 5, 1964, and ending on May 7, 1975, and who qualify)) , if the veteran qualifies as a resident student under RCW 28B.15.012, ((and who)) was enrolled in state institutions of higher education on or before May 7, 1990, and meets the requirements of subsection 2 of this section.
(2) Beginning with the fall academic term of 1994, veterans receiving the exemption under subsection 1 of this section must meet these additional requirements:
(a) Remain continuously enrolled for seven or more quarter credits per academic term or their equivalent, except summer term and not including community service courses;
(b) Have an adjusted gross family income as most recently reported to the internal revenue service that does not exceed Washington state's median family income as established by the federal bureau of the census; and
(c) Have exhausted all entitlement to federal vocational or educational benefits conferred by virtue of their military service.
(3) For the purposes of this section, "veterans of the Vietnam conflict" shall be those persons who have been on active federal service as a member of the armed military or navel forces of the United States between a period commencing August 5, 1964, and ending on May 7, 1975.
(4) This section shall expire June 30, ((1995)) 1997.
Sec. 2. RCW 28B.15.628 and 1993 sp.s. c 18 s 25 are each amended to read as follows:
(1) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the Persian Gulf combat zone from all or a portion of increases in tuition and fees that occur ((during and after their period of service. In such cases, the veteran shall not be required to pay more than the total amount of tuition and fees established for)) after the 1990-91 academic year, if:
(a) The veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student on August 1, 1990((,));
(b) The veteran is enrolled for seven or more quarter credits per academic term or their equivalent, except summer term and not including community service courses; and ((if))
(c) The veteran's adjusted gross family income as most recently reported to the internal revenue service does not exceed Washington state's median family income as established by the federal bureau of the census.
(2) For the purposes of this section, "a veteran of the Persian Gulf combat zone" means a person who during any portion of calendar year 1991, served in active federal service as a member of the armed military or naval forces of the United States in a combat zone as designated by the president of the United States by executive order.
Sec. 3. 1991 c 164 s 11 (uncodified) is amended to read as follows:
Section 2 of this act shall expire June 30, ((1995)) 1997.
Sec. 4. 1991 c 228 s 15 (uncodified) is amended to read as follows:
Sections 13 and 14 of this act shall expire on June 30, ((1994)) 1997."
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representative Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6593 Prime Sponsor, Committee on Education: Creating the learning and life skills grant program. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Sheahan; Stevens; Talcott; Wang and Wolfe.
Excused: Representatives Dellwo and Wineberry.
Passed to Committee on Rules for second reading.
February 28, 1994
SSB 6600 Prime Sponsor, Committee on Ways & Means: Analyzing property tax systems. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated to the legislature, to be divided equally between the senate and the house of representatives, from the general fund for the biennium ending June 30, 1995, for the purpose of conducting a study of the property tax system of Washington and other states. The goal of the study shall be to analyze the existing system with an emphasis on the problems resulting from changes in economic conditions and actual impacts on residential property taxes. The study shall consider possible changes to the system, including the adoption of an alternative system, that would alleviate the problems of the current system and operate to enhance the confidence of persons in the property tax system beyond that confidence level that now exists. Alternative systems considered may include two-tiered property tax systems, property classification systems, tax or value limitations, homestead or other exemptions, or alternative tax bases.
The appropriation shall be used to contract with a private consultant to conduct the study.
The study shall examine the current and possible alternative systems in terms of the following:
(1) What are the major strengths and deficiencies of the current system?
(2) What problems are caused by the current system, including problems perceived by property taxpayers, and to what extent do the problems exist?
(3) How can the problems be reduced or eliminated?
(4) How would a proposed change shift the burden among property tax payers, both short and long-term? What will be the consequence of any proposed change on individual taxpayers?
(5) What will be the consequence of any proposed change on the stability and predictability of local government revenues?
(6) Does the current or any alternate system proposed provide an equitable, predictable, and easily administered property tax system?
(7) For any alternative system proposed, what are the major strengths and deficiencies? What are the costs, both state and local, associated with making the change?
(8) Are the alternative systems consistent with state policies, including growth management, transportation planning, and the environment?
(9) Are the alternative systems likely to promote business growth and economic activity?
A legislative oversight committee is hereby created to monitor and consult with the contractor selected to conduct the study. The committee shall consist of six legislators, three from the senate and three from the house of representatives. Not more than two members from each chamber shall be from the same political party. The members from the senate shall be appointed by the president of the senate and the members from the house of representatives shall be appointed by the speaker of the house of representatives.
The department of revenue, and all local governments, shall provide all technical assistance and data required by the contractor to perform the study.
The contractor shall prepare and provide a final report, together with recommendations, to the oversight committee and the fiscal committees of the legislature by December 1, 1994.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Thibaudeau and Wang.
MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Assistant Ranking Minority Member; Talcott and Van Luven.
Passed to Committee on Rules for second reading.
On motion of Representative Peery, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 9:00 a.m., Tuesday, March 1, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk